Shisty Landlord please help!

[Giggles13_2005]

I have been living here for almost 4 months now. And my landlord just gave me a letter pretty much saying that if we want to have electricity through the winter we would need to buy a generator. Is that legal, I feel as tho this is something he should of mentioned before having us sign into a legal binding landlord tenant contract. This scares me as well because I have a child under the age of two! I live in texas

[scott715us]

Are you in Texas or Tennessee? The laws might vary between the two states regarding landlord/tenant issues. I suggest getting advice from an attorney specializing in property law/leases. What does the lease specifically say? Was there electricity in the building before you rented it? Was there an expectation on your end that electricity would be provided? Is there anything in the lease about electricity? These are some questions that would be of concern. If the landlord is not holding up his end of the lease, then you don't have to pay the rent until the problem is fixed, but don't start cheering yet. It all depends on how the lease was written and what was expected from each party. If you knew there wasn't electricity and elected to stay there anyway, it may fall on you. Like I said, get an attorney to look at the lease agreement for further guidance.

[cahoonzie]

Walk away with your infant and find a new apartment. The place is uninhabitable under Federal and State health law. Your lease is void in your favor. Your landlord does not have a leg (or generator) to stand on lol.

[scott715us]

Here is the TN law that cahoonzie is referring to:

66-28-304. Maintenance by landlord.

(a) The landlord shall:

(1) Comply with requirements of applicable building and housing codes materially affecting health and safety;

(2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;

(3) Keep all common areas of the premises in a clean and safe condition; and

(4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3).

(b) If the duty imposed by subdivision (a)(1) is greater than any duty imposed by any other paragraph of subsection (a), the landlord's duty shall be determined by reference to subdivision (a)(1).

(c) The landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.

(d) The landlord may not treat performance of the separate agreement described in subsection (c) as a condition to any obligation or performance of any rental agreement.

Like I mentioned before, was there electricity & heat/air when you moved in?