Landlord Question and Answer Forum
A new tentant moved in 3 days ago and called today and demanded that we fix a problem with the fireplace, we told her not to use it and we couldn't get to it till the weekend, she started threatning to break her lease and to sue us, her lease dosn't start till 12/01/09, we let her move in early and not charging her till 12/01/09. My question is how long does she have to give us to do the repairs.
Mike R, CA on Tuesday, November 10, 2009
RE: how long to do repair
Did you include the fireplace in your lease? I would send a written notice that she is NOT to use the fireplace until such time that it can be repaired. I do not think that 3 days is that long and frankly a fireplace is not an essential service such as if the plumbing or electric were broken. A tenant can threaten all they want but push comes to shove, if she does "sue" you, the judge will have the decision and I cannnot imagine any judge permitting a tenant to break a lease for a repair that is taking a few days for a non-essential item.
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