Is my landlord responsible for this??

My house - This is a picture of my house.
United States
January 10, 2007 1:07am CST
I rent a 4 bedroom house with 16 of the most horrible windows you've ever seen. They have huge gaps in them and some can be pushed completely out of the frames! It's winter time now and there is so much air coming in these windows that my furnace runs constantly. Do you think that he should be made to atleast fix the ones that are the worst? I know that I can slap plastic up over all of them to help keep the air out, but who wants plastic on all their windows, ugh. I've done my upstairs windows already, and a few of the really bad ones downstairs..but I really feel like he ought to repair/replace some of these windows. They are unsafe. This is going to be an issue in the summer time too, I don't want to have to live with this ugly plastic all year round. You know? My landlord doesn't seem like he's too happy to fix anything, let alone something this spendy. What do you think I should do? Should I just deal with the plastic? Or should I say something to him? We are only going to be here for one more winter, then we will be moving into the house we are going to buy. This might even be our last winter here. So, I probably shouldn't risk upsetting him, what do you think?
12 people like this
50 responses
@icequeen (2840)
• Canada
10 Jan 07
Risk upsetting him? Are you kidding? You are paying rent right? He is the landlord right? Then he is responsible for any repairs. You should be comfortable and not freezing in your home. If he refuses...take it to the landlord tenant act! It sounds like he is just cheap! We have the same problem with our bedroom windows and the landlord is going to replace them. It only makes sense for the next tenants too. No one is going to put up with being cold. Also...if you do anything yourself...I would bill him for the work...I don't know how big the holes are..but have you considered insulation and caulking around the windows? That may help with the air...coming in...Good luck!
2 people like this
• United States
10 Jan 07
there is a difference, though, between a broken furnace (which she doesn't have) and a furnace that happens to go off all the time because the windows are old and need to be replaced. first, i am willing to bet the guy tries insulation, caulking/sealing around the windows, putting up plastic (perhaps both inside AND outside the house).. before replacing them. if the windows themselves are not broken, but there are gaps in which air can come through, you really expect the guy to buy entirely new windows for the whole house? i mean, i know how sucky it is to have crappy windows- i've been living with them for over a year now in my house. but on the other hand, you have to realize how he is going to respond. i do agree that anything that is done- temporary fixes- should be billed to him.
1 person likes this
@Celanith (2327)
• United States
10 Jan 07
I am not sure what state you live in but most states have laws govening both landlord and tenant rights. I hope you have photos of the windows before you moved in, because you need proof they were that way before moving in or some really reliable witnesses not related to you. Next you send your landlord a letter, notarized and certfied mail of the problems and give him what ever the law requires time to repair the problem. If he refuses you then fixe them at your expense, keeping the reciepts and cost of repairs and sales slips, bills etc. Then you file a complaint with the courts for small claims and ask to have your rent reduced for the amount of cost you had to put out and show how you had to fix them because he refused. Or you can move.
@Tatsuya (1149)
• United States
10 Jan 07
Your landlord is responsible for the home you are living in. If the windows were in this shape when you moved in, he defintly needs to fix it. You pay rent to him for a home, and that home should be in proper condition. I'd go to the library and look up areas where you can report his neglect on the house. If you have little kids, you need to report this fast! If you get sick because of it you may even be able to sue him. Just a thought. Hope this helps you.
1 person likes this
• United States
11 Jan 07
We are all extremely sick right now. I hope we get over it soon! Guess what, we had to put some things in the basement and when we went down there, it's a freaking lake down there!! Maybe that's why we've been so sick..between the windows and mold, it's going to kill us! Thank you for your response!
@milott (2646)
• India
10 Jan 07
It seems that all landlords in spite of their different nationality and region follow the same pattern with the tenants that is to torture them. I had some similar landlords myself with whom i had to literally fight with them to get basic things done like mending furniture, fixing pipes, etc. They seem to earn a lot but in spite of that they are hesitant to spend some money on the living condition of the tenants and they expect the tenants to pay out of their pocket to get it repaired. They are a seperate breed of people. As far as you landlord is concerned you should give him a shock by telling him about your moving out and look at his reaction.
• United States
11 Jan 07
lol, but I can't move yet. I want to move so badly, but we aren't even done unpacking here yet. Better reason to move now, huh? Less to repack! I am having a heck of a time with this stupid house and the stupid landlord. I've been looking in the paper, cross your fingers for me!
@goldjay (465)
• United States
11 Jan 07
I live in a house that I own that has windows that are pretty leaky. We had to put plastic over all of them and once you shrink it with a hairdryer, it really doesn't look bad at all. It helps my electric/heating bill and it is much less costly than replacing windows which cost a fortune. We wish we could afford to replace windows and we are saving but we do not have the money to do the job right now. Sorry I'm probably not much help with your dilemma though.
• United States
11 Jan 07
Can you shrink any plastic or do you have to buy some that says that on the package? I hate having plastic on the windows. It's ugly and it makes it harder to see out them. Thank you for your response.
@bonbon50 (659)
• United States
11 Jan 07
Who pays the heating bill? Is this house legally set up to accommodate renters? If it is, there are probably codes he has to adhere to and the windows may give you a legal reason to complain. If it's not set up to accommodate renters you have to decide whether to just keep quiet and take advantage of the (assumption here) low rent or open your mouth but be prepared to move real soon.
1 person likes this
• United States
11 Jan 07
We pay the heating bill, and your assumption of the low rent is wrong. Our rent isn't cheap. We don't live in the slums, I attached a pic of my house. It's not the greatest, but it's not real bad either. Thank you for your response.
@innechen (1318)
• Indonesia
11 Jan 07
if you are going to left the house anyway maybe you can hold on with plastic, but still its worth to try to talk to the land lord about this, who knows maybe he'll fixed it.because he has to otherwise no one will want to rent the house.if talking is not listening by him then let it be.do what it takes to do just until you get out of the house
1 person likes this
@gabs8513 (48686)
• United Kingdom
12 Jan 07
Well I think you should say something as it is his responsibility You should not have to live like that it must be very cold in your House and if I where you I would say something and he should act on it to
1 person likes this
• United States
10 Jan 07
I would definately mention it to him. I would think HE is reliable for creating a safe and liveable enviroment as a landlord. Although there are tons of slumlords (as we would call them - landlords that don't take care of their buildings that is ...not saying you live in a slum by any means.) Explain to him that there is a terrible draft coming in and you are in fear of possible danger of maybe your children getting hurt ( by loose windows coming out this is definately not safe!) not to mention the wear and tear on HIS furnace from it running constantly. Maybe if you put it to him in terms that he may be at fault if someone got hurt or he will wear his furnace out as a result of the windows being bad...he may replace. Meanwhile... Keep your children away from the windows....and definately put the plastic up and use heavy insulated curtains....why pay a huge heat bill? If he doesn't do anything about it....and you fear it would make things worse for you...wait till just before you move out an turn him in as a bad landlord...having poor living conditions for tenants. Good Luck....
• United States
11 Jan 07
Thank you! I never thought about putting it to him like that! I'm sure it is taking a toll on the furnace...And I'm sure he's not going to want to replace that anytime soon! I have put up old wooden baby gates across the upstairs windows because they come all the way down to the floor almost and I don't want my kids falling out, so that takes care of that. I've put plastic up over most of them, and my old man is finishing up the rest as we speak. I just hate the way it looks, ugh. Thank you very much for your response and VERY useful info! Have a great day!
@dmanuel (411)
11 Jan 07
you should definitely tell your landlord about this and have him do something about it. i mean, maybe you'll there for one more winter, but who cares. if you and your family are no longer comfortable or getting the comfort you deserve it's time to fix the house. it's your home for the next couple of months and it should never be taken for granted.
1 person likes this
• India
12 Jan 07
have a meeting with your landlord and decide it and do the needfull
1 person likes this
@raijin (10345)
• Philippines
10 Jan 07
You have to tell it to your landlord, it's he's duty to do it so. You're doing your job as a tenant, so he must do his' as a landlord. It's like, 'You scratch my back, I'll scratch yours'. Maintenance work should be done by your landlord immediately if you don't want to suffer all year long.
• India
10 Jan 07
sorry no comments
@bugbaby (1787)
• Indonesia
11 Jan 07
this reminds me of my last landlord, we needed five of the windows replaces and with HIM, ged would show up and do it while we were gone. It's your right as a renter, and his responsibility as a landlord. If your landlord knew the condition you should have asked him a time frame to correct all the problems before you relocate. As fas a you landlord is concerned you should give him a shock by telling him about your moving out and look at his reaction.
1 person likes this
• United States
11 Jan 07
u should say something to him because he is the one who sold u the house. he should fix it because u didn't make those windows the way they are and so its not ur responsiblity it is his. besides even if u are moving out u should say something because it would help for the next people who might consider living there. so let him know to fix those windows.
1 person likes this
@anja31 (707)
• Canada
11 Jan 07
in my country the landlord has to fixed it, no matter what the price is. If I was your landlord I would do that because you would like to keep your tenants. Did you already discussed this with your landlord.
@anne_143god (5387)
• Philippines
11 Jan 07
Maybe you should ask your landlord to fix it because it is their obligation that their tenant should reside on a good condition house. If you are going to fix it ask them for reimbursement and put it in written.
@jamie11982 (1658)
• United States
11 Jan 07
I think that you should say some thing to him and if he don't fix it then you can go to places like the fire department (might be different where you live) and report this to them. they then give him a time frame to get the house up to code. if this is then not done they will mark the place as unfit to live in. start making that list now so that you have more then one complaint to report if you need to.
1 person likes this
@Metallion (2227)
• United States
11 Jan 07
Did you check the windows before you moved in? If so , did the problem exist at that point? If you noted it at that point then yes he should replace them. But if you didn't notice it then, he could claim that it wasn't like that when you moved in and it wouldn't be caused by normal useage and could claim your family caused the problem. So without further information it's hard to answer.
1 person likes this
@amber81 (288)
• United States
11 Jan 07
I know where your coming from i've seen plastic on peoples windows and its not the most attractive thing,I say that your landlord should be confronted about it being so cold and all the air getting in and i think that he should have to replace the windows. How ever i doubt he will do it with it being the colder months so, you might have to slap plastic on them untill after the cold months so he can get someone out there and repair them.Although there are window companys that would still do it this time of year.Like i said though i say your landlord should be responisble and have to pay for it.Good Luck!
1 person likes this
• Canada
11 Jan 07
I actually am a lawyer in Ontario who, from time to time, deals with similar issues. First of all, I am not sure where you live so my thoughts on this issue are subject to the laws of your jurisdiction. However, our legislation states that a landlord is responsible to maintain the rental unit in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. You might contact your local housing authority to see if you have similar legislation and discuss it with them. Depending on your relationship with the landlord, you might discuss it calmly with them directly once you are armed with the knowledge to support your position. A reasonable person would see the inherent benefit in making the repairs - ie, to avoid liability, to protect their investment and to avoid being charged under property standards by-laws. Assuming you are valued tenants, keeping you there and happy should be at the forefront of his decision.
1 person likes this