Does landlord have to fix heat pump?

Question

My daughter moved into a duplex memorial day.  When they viewed it b4 renting the leasing agent touted the air conditioning provided by the heat pump. I don't know if lease specifies heat pump or not. The heat pump has never worked and now they are told the landlord won 't fix it and to use emergency heat all winter. They live in Spokane Wa. I'm not sure if that is realistic since that is not what it was designed for. Ut I know it will be expensive. Is the landlord within his rights?

Landlord · Accepted Answer

There has to be a functioning heater in the house.    If there is more then one means to heat the home it ia acceptable that only one of them is operational.

acermill · Answer

The landlord is only required to provide an acceptable working heat source for the winter, unless the lease specifically indicates otherwise.  Yes, the 'back up heat source' will work adequately, and yes, it will be somewhat more expensive, since such is electric resistance heating.  It would be akin to running a fully electric furnace.

Ranger · Answer

The Land Lord is required to provide adequate facilities to heat the dwelling.  He is not required to provide air conditioning.  When winter hits and he does not have heating equipment capable of adequately heating the apt., file suit in civil court for enforcement of the state law.

The law does not specify one type of heating over another type, what is says is the equipment must be capable of adequately heating the dwelling.

Anonymous · Answer

Go down to the court house and put the rent into escrow.  Set up a time and he can explain it to the judge.

Mayhem X-Ray · Answer

According to the RCW, you can submit a formal request to fix it. If the landlord doesn't fix it, you can take the money to repair it out of the rent.

Reference: 
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.060
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.070
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.090
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.100

Good Luck. The law is actually on YOUR side. Don't be pushed around.

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Does landlord have to fix heat pump?

5 Answers