# Day 8 with no electricity: Renter's rights? **URL:** \ **Category:** Factual Questions\ **Created:** [December 19, 2008, 3:08pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907 "2008-12-19T15:08:00Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![aruvqan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aruvqan/32/2891_2.png) [@aruvqan](https://boards.straightdope.com/u/aruvqan)\ **Post date:** [December 20, 2008, 8:35pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/41 "2008-12-20T20:35:22Z")
> [@DrDeth](#): > > Most of those don’t consider an emergency like this. True, the tenant couldn’t go back vs his landlord for no power, but attempting to evict someone for using a propane heater during a power outage would be sily. No it isnt. It clearly is forbidden by the lease. You break a lease, you are bounced. It doesnt say anywhere in the lease ‘unless there is a big storm and pwoer outage’ Now if you get written permission from the management company, that would be different … but unless you have a written variance on that, you are shit out of luck. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [December 20, 2008, 9:28pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/42 "2008-12-20T21:28:32Z")
This is a complicated legal issue. The results will vary depending on the language of your lease, local and state laws, and the attitude of the judiciary among other things. Please talk to a lawyer licensed in your jurisdiction about this. One place you can aske legal questions and get answers given by licensed attorneys in your jurisdiction is [lawguru.com](http://lawguru.com). You could also try here: [http://www.rentlaw.com/](http://www.rentlaw.com/) [QUOTE=Elysian] What you want to know is if you have a case against your landlord for the power failing. Unfortunately you don’t. What you think you have is a case of constructive eviction, which is conduct or neglect by the landlord which violates the implied covenant of quiet enjoyment and renders the land inhabitable. This takes a material breach by the landlord NOT the power companies, which is what actually happened. [/QUOTE] While this is the general approach courts take, you’d need to look at the lease, local statutes, and whatever published decisions exist in the OPs jurisdiction. Most cases do talk, when addressing constructive eviction, about the landlord’s ability and unwillingness to remedy a situation, but then there are the warranty of habitability and fitness cases which are less forgiving. \*E.g., \* _Permanent Mission of Republic of Estonia to the United Nations v. Thompson_, 477 F.Supp.2d 615 (S.D.N.Y. 2007) (neither landlord’s good faith efforts to provide heat nor lease clause requiring tenant to provide heat defeated tenant’s habitability claim). OTOOH, some jurisdictions don’t recognize the implied warranty of habitability and fitness. \* Allen v. Greenville Hotel Partners, Inc., \*405 F. Supp. 2d 653 (D.S.C. 2005) (South Carolina does not recognize the implied warranty in leases). And others will probably apply a more forgiving standared. I’m not going to close the thread, but please understand that advice you get here on this topic could be totally wrong. Don’t use this as a substitute for talking to a licensed attorney. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [December 21, 2008, 12:53am UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/43 "2008-12-21T00:53:49Z")
I have spoken to a New Hampshire attorney, and I am following his advice. As **Gfactor** pointed out, it is a complex issue; without going into detail, my attorney did not blow me off, and what we do next is largely dependent on how long the power outage continues. I am still interested in the views of others though. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 21, 2008, 6:50am UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/44 "2008-12-21T06:50:40Z")
> [@aruvqan](#): > > No it isnt. It clearly is forbidden by the lease. You break a lease, you are bounced. It doesnt say anywhere in the lease ‘unless there is a big storm and pwoer outage’ > > Now if you get written permission from the management company, that would be different … but unless you have a written variance on that, you are shit out of luck. That I would happily fight. Simply put, in the case of a declared emergency, dudes are allowed to take reasonable steps to preserve their life, health and safety. This includes heat. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [December 21, 2008, 7:18am UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/45 "2008-12-21T07:18:38Z")
> [@DrDeth](#): > > That I would happily fight. Simply put, in the case of a declared emergency, dudes are allowed to take reasonable steps to preserve their life, health and safety. This includes heat. They could take reasonable steps that don’t involve breaking a contract like staying in a hotel if need be. A flip side of all this. The damage that can be caused to a house left unheated in the winter can be tremendous, pipes freezing in the walls and such. If a tenant by choice decided not to pay for electricity or heat the property they can certainly be held responsible for the resulting damages. ---
**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\ **Post date:** [December 21, 2008, 6:01pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/46 "2008-12-21T18:01:48Z")
> [@DrDeth](#): > > That I would happily fight. Simply put, in the case of a declared emergency, dudes are allowed to take reasonable steps to preserve their life, health and safety. This includes heat. People die every year from the type of heat that is being talked about here, that takes it out of the reasonable steps. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [December 22, 2008, 1:01am UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/47 "2008-12-22T01:01:15Z")
Yay! Power is back on! Unfortunately, we are in the middle of a nor’easter blizzard that has dumped 12 inches of new snow on NH so far, so I won’t be going home until tomorrow. I hope none of the pipes burst. ---
**Author:** ![jackdavinci](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackdavinci/32/3259_2.png) [@jackdavinci](https://boards.straightdope.com/u/jackdavinci)\ **Post date:** [December 22, 2008, 1:46am UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/48 "2008-12-22T01:46:38Z")
My guess would be generally it’s not within the landlord’s power to remedy the situation and therefore he cannot be held accountable. But: 1. Laws may vary by locality. 2. Your lease/contract may reference this. 3. While you probably can’t get out of paying rent, you might have a case for dissolving the lease/contract early and moving out without penalty. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 22, 2008, 5:28am UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/49 "2008-12-22T05:28:04Z")
> [@Snnipe\_70E](#): > > People die every year from the type of heat that is being talked about here, that takes it out of the reasonable steps. Small chance of propane/CO death vs certainly of hypothermia. And no chance of the first if you’re not an idiot. ---
**Author:** ![Shayna](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shayna/32/17976_2.png) [@Shayna](https://boards.straightdope.com/u/Shayna)\ **Post date:** [December 22, 2008, 6:35am UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/50 "2008-12-22T06:35:13Z")
Sorry to but a damper on your indignation, but. . . > [@](#): > > [Chapter 540 ACTIONS AGAINST TENANTS](http://www.gencourt.state.nh.us/rsa/html/lv/540/540-mrg.htm) > > . . . > > \*\*540:13-d Defenses to Violations of Fitness. – \*\* > I. No action for possession based on nonpayment of rent shall be maintained in regard to any premises leased or rented for residential purposes, other than for vacation or recreation, if such premises are in substantial violation of the standards of fitness for health and safety set forth in RSA 48-A or in local codes, ordinances or bylaws established pursuant thereto, and such violation materially affects the habitability of said premises, provided that: > [LIST=a] > [li] **The tenant proves by clear and convincing evidence that, while not in arrears in rent, he provided notice of the violation to the person to whom he customarily pays rent** ; and [/li][li]The landlord failed to correct the violations **within 14 days of the receipt of such written notice** or, in an emergency, as promptly as conditions require; and [/li][li]The violations were not caused by the tenant, a member of the tenant’s family or other person on the premises with the tenant’s consent; and [/li][li] **Necessary repairs have not been prevented due to extreme weather conditions** or due to the failure of the tenant to allow the landlord reasonable access to the premises.[/li][/LIST] > II. If a defendant raises a defense provided in paragraph I of this section, the court may order the action continued for a reasonable time not to exceed one month to enable the plaintiff to remedy the violation. At the time such continuance is ordered, the court shall require the person claiming a defense under this section to pay into court any rent withheld or becoming due thereafter as it becomes due. Upon a finding by the court that the violation has been remedied within the continuance period, the court shall dismiss the possessory action and either award the withheld rent money to the plaintiff or apportion the rent paid into court by paying to the plaintiff the fair rental value of the premises while in the substantially defective condition and by awarding the remainder of said funds to the defendant as damages for plaintiff’s breach of his warranty of habitability. If the violation has not been remedied within such period, the court shall enter judgment for the defendant and refund to the defendant all money deposited. > > . . . Even _if_ the habitability issue weren’t due to severe weather, you would have to have given notice in writing, which it sounds like you haven’t done. The landlord would still have up to 14 days to remedy the problem, following your written notice. You’re technically on day 0, since you haven’t provided written notice, but even if you had sent a letter on the first day the electricity went out, the landlord would still have 6 days to remedy. And even if you went to court over it, a judge can grant a one month continuance for the landlord to repair. But again, none of that is relevant per the highlighted portion in section I (d); **Necessary repairs have not been prevented due to extreme weather conditions**. And in either case, **you still have to keep paying rent**. If you still aren’t sure, contact these people: Fair Housing Agency Commission for Human Rights 163 Loudon Road Concord, NH 03301 (603) 271-2767 ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [December 22, 2008, 2:03pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/51 "2008-12-22T14:03:32Z")
> [@DrDeth](#): > > Small chance of propane/CO death vs certainly of hypothermia. And no chance of the first if you’re not an idiot. Your argument on this is terrible. If someone was trapped in the middle of nowhere with no ability to contact the world outside, your argument that the renter could violate a contract for survival could be reasonable. This is not the case. In the US it would be very difficult to even find such a case. If a renter can contact the outside world and travel about to get a propane heater then they can obviously take steps to survive that avoid breaking the contract. The renter could also you know take a reasonable action and ask the landlord if it was ok… ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [December 22, 2008, 2:55pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/52 "2008-12-22T14:55:41Z")
> [@Shayna](#): > > Even _if_ the habitability issue weren’t due to severe weather, you would have to have given notice in writing, which it sounds like you haven’t done. Yes, I have. > [@](#): > > But again, none of that is relevant per the highlighted portion in section I (d); **Necessary repairs have not been prevented due to extreme weather conditions**. The severe weather caused the outage. The severe weather ended 11 days ago. Our power is on, but we still have no heat and no water. The property is still uninhabitable. > [@](#): > > And in either case, **you still have to keep paying rent**. Not unless a judge says I have to. It’s a good thing I spoke to a lawyer. ---
**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\ **Post date:** [December 22, 2008, 3:06pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/53 "2008-12-22T15:06:58Z")
> [@DrDeth](#): > > Small chance of propane/CO death vs certainly of hypothermia. And no chance of the first if you’re not an idiot. And yet every year there are news stories of it happening. You fire one off in a house or apartment and you are a canidate for the news. ---
**Author:** ![Absolute](https://avatars.discourse-cdn.com/v4/letter/a/b2d939/32.png) [@Absolute](https://boards.straightdope.com/u/Absolute)\ **Post date:** [December 22, 2008, 3:13pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/54 "2008-12-22T15:13:45Z")
> [@Snnipe\_70E](#): > > And yet every year there are news stories of it happening. You fire one off in a house or apartment and you are a canidate for the news. Well, there are lots of idiots. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [December 22, 2008, 3:26pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/55 "2008-12-22T15:26:23Z")
> [@Shayna](#): > > And in either case, **you still have to keep paying rent**. This is what I’d call the sort of specific legal advice we don’t give here. Moreover, he’s already spoken to a lawyer. Please don’t second guess the professional’s advice. **Gfactor** General Questions Moderator ---
**Author:** ![Shayna](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shayna/32/17976_2.png) [@Shayna](https://boards.straightdope.com/u/Shayna)\ **Post date:** [December 22, 2008, 4:37pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/56 "2008-12-22T16:37:33Z")
Considering he didn’t say what his lawyer told him, I don’t think I’d call highlighting and restating the quoted part of the statute “second guessing a lawyer” or providing legal advice. I even then went on to direct him to who he could call if he still had questions. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 22, 2008, 4:39pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/57 "2008-12-22T16:39:01Z")
> [@Absolute](#): > > Well, there are lots of idiots. Exactly.😃 ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [December 22, 2008, 5:03pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/58 "2008-12-22T17:03:42Z")
> [@Shayna](#): > > Considering he didn’t say what his lawyer told him, I don’t think I’d call highlighting and restating the quoted part of the statute “second guessing a lawyer” or providing legal advice. I even then went on to direct him to who he could call if he still had questions. I appreciate your input. I simply disagree with your some of your interpretation of the law you posted. And so does my attorney. ---
**Author:** ![elfkin477](https://avatars.discourse-cdn.com/v4/letter/e/a9a28c/32.png) [@elfkin477](https://boards.straightdope.com/u/elfkin477)\ **Post date:** [December 22, 2008, 5:25pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/59 "2008-12-22T17:25:49Z")
> [@masterofnone](#): > > There are options that would be more useful for renters, such as kerosene heaters, flashlight batteries, bottled water, and a good book. The building is not uninhabitable, and loss of easily accessible power is not the end of the world. It is **cold** up here in December. Even with a kerosene heater in the basement (since they need venting - how would one do that in an apartment?) and a fireplace it was difficult to keep the house in the mid-50s. Without _either_, how warm would it be after several days? ---
**Author:** ![gigi](https://avatars.discourse-cdn.com/v4/letter/g/a587f6/32.png) [@gigi](https://boards.straightdope.com/u/gigi)\ **Post date:** [December 22, 2008, 5:38pm UTC](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907/60 "2008-12-22T17:38:47Z")
> [@Fear\_Itself](#): > > I appreciate your input. I simply disagree with your some of your interpretation of the law you posted. And so does my attorney. No offense, you have to do what you feel is right, but that sucks that a landlord is out money for something completely out of their control. Do you have renter’s insurance that could cover this instead? [Previous page](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907.md?page=2) [Next page](https://boards.straightdope.com/t/day-8-with-no-electricity-renters-rights/477907.md?page=4)