How do I pro-rate rent for my landlord shutting off hot water.?
March 27th, 2011 | 
Author: Having a problem with my landlord in CT. Our shower sprung a leak into the second floor. So the landlord had to rip out bathroom apart to find the problem. That was almost a month ago. I have not had a shower for that month and no hot water for two weeks now. I spoke with an attorney and found out I can pro rate and withold rent until the work is complete.
Question is how do I do that?
Posted in Landlord Tenant Law
First READ your lease carefully.
Don’t know CT law, but in most states it is not legal to withhold rent. It can be done, though.
However, if LL has made place uninhabitable–unable to take shower, wash dishes, etc. he may be liable for the cost of you living elsewhere.
Suggest you speak again with the attorney and with your LL. You are due something for your inconvenience, and need to go elsewhere to shower, etc. Rent should be pro-rated, your extra costs recovered and LL should get this fixed. A week is understandable, two weeks happens, but a month is unaccepatable.
Actually, in most states it is legal to with hold rent if you can show justifiable cause as to why you are with holding the rent.
Not having hot water for 2 weeks is more than a just reason. Your LL is obligated by law to provide the amenities that are stipulated in the contract and by state law. Since you have had no hot water for 2 weeks, that has prevented you from washing dishes, and taking showers in a sanitary manner, not to mention that he is required to provide hot water to you.
i would say to contact the attorney again, and ask them what would be considered a fair with holding.
You take what you pay a month in rent and divide it by 30 days that is basically what you are paying per day now if your out of water for 14 days you take the per day rate and x’s it by 14 that is what you would withhold.
I would withhold all the rent until they get it fixed completely.
I don’t know what lawyer you contacted, or if he/she was familiar with CT landlord/tenant laws, but go to this: http://www.jud.ct.gov/lawlib/law/landlord.htm then click on the left side where it says Tenant’s Rights: Repairs: How to Use the Housing Code Enforcement Law and read what it says, very important!
There is not hot water in the entire rental, or just the bathroom?
You need to follow the law exactly as written. The link given previously is helpful.
http://www.larcc.org/pamphlets/housing/tr_repairs.htm
You are talking about a rent abatement, which if the landlord does not agree to willingly (which he should in this case) you would have to go through the courts as well.
The amount of the daily rent abatement for a uninhabitable rental would be your monthly rent / 31 days = daily rent abatement.
For example: $500.00/31= $16.13 per day
Sec. 47a-13. Failure of landlord to supply essential services. Tenant’s remedies. (a) If the landlord is required to supply heat, running water, hot water, electricity, gas or other essential service, and if the landlord fails to supply such essential service and the failure is not caused by conditions beyond the landlord’s control, the tenant may give notice to the landlord specifying the breach and may elect to (1) procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord’s noncompliance and deduct the actual and reasonable cost of such service from the rent; or (2) procure reasonable substitute housing during the period of the landlord’s noncompliance if the landlord fails to supply such service within two business days of such breach, except if the breach is the failure to provide the same service and such breach recurs within six months, the tenant may secure substitute housing immediately; or (3) if the failure to supply such service is wilful, the tenant may terminate the rental agreement and recover an amount not more than two months’ periodic rent or double the actual damages sustained by him, whichever is greater. If the rental agreement is terminated, the landlord shall return all security and prepaid rent and interest required pursuant to section 47a-22, recoverable under section 47a-21.
(b) If the tenant elects to procure substitute housing as provided in subdivision (2) of subsection (a) of this section, rent otherwise owed to the landlord shall abate for the period of the landlord’s noncompliance. In addition, the tenant may recover the actual costs of such substitute housing, but in no event shall the tenant recover more than an amount equal to the amount of rent abated under this subsection. In any cause of action or defense to any action arising under subsection (a) of this section, the tenant may recover reasonable attorney’s fees.
(c) Rights of the tenant under this section do not arise (1) until the tenant has given reasonable written or oral notice to the landlord or (2) if the condition was caused by the wilful or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent.