State Specific Question About: INDIANA (IN)

Time for the "happy clause".

"I'm sorry ms. Tenant, I've done all I possibly can to correct this situation, and since I can't please you, I'll release you from the lease with no penalty. Consider this your 30 days notice to vacate."

You mean I can't have it 90 degrees in here?

Invoke the "happy clause." I'm not happy, you are not either. Move it. If it is truly that bad, offer $100-200 for the keys.

'35 degrees increase from return air to vented air.'

That does not tell us much. Are they able to maintain the temp? That's the key part. If they cannot maintain a reasonable (like 70s for the winter time) set temp, then it is your problem and you need to fix it.

I have almost the exact same situation right now with a gal who insists that the reason her gas bill is higher is because "something is wrong" with the furnace. She ignores all logical statements to the contrary and refuses to talk about it other than to complain.

I informed her that all future communication must be mailed, unless it is an emergency. When I see her number come up on the phone, I let it go to voice mail, then I decide if it's an emergency. If it's just ranting or, "I need to you call me" and doesn't give a reason, I delete the message and ignore it.

I already have her notice of non-renewal typed up and ready to mail 45 days out from the end of her lease. She swears she is going to take the early termination agreement in May, which would be fine by me since her lease runs thru the end of August.

First place do emails, no text...

Record the temp, not this input out put..35 difference.

It is 70 in my bedroom, higher upstairs, lower in the basement.

Some want it higher...

If you can not get it up to 76 today you have a a lack of heat problem., and the new tenants will say the same thing..

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Gary, you're letting fear get the best of you.

First off, 95% of tenant threats to sue you are just that: empty threats! Don't get concerned until you get handed a court summons.

In the meantime, ignore texts. Block them so you don't even see them come in. Establish that all communication MUST be in writing (and no, texting doesn't count). My lease stipulates WRITTEN REPAIR REQUESTS except for an emergency. 65 degrees is NOT an emergency.

Again, I have the same issue: a blustering, all-huff 'n puff tenant who thinks because she pays rent that I have to do whatever she wants. No...no...NO! It's a powerful word once taken to heart.

64 is cold in most people's book.

What you should told them was that if they set at 65, most likely they will get 64 to 66 in the house.

There are few cases I can think of:

1. The house is losing heat faster than the heating pump can keep. In this case, you should fix the problem.

2. The house is losing too much heat and the heating bill is unreasonably high. Compare with your home heating bill and you should get a better understanding on what is reasonable. In this case, you should fix the problem by adding insulation to the house.

3. The heating bill is in line with the winter season and the tenants are just not reasonable and do not want to pay for the cost of heating up the house. In this case, offer them to end the lease as soon as they want.

NJ requires landlords to keep the house at 68 degrees minimum on any day that the outside temperature is below 68 daytime. This is why people sometimes move in the winter time. Can't keep warm enough. I hope you let them out of the lease.

I'm sorry, but this is not going how I thought it would go.

1) The tenant set the thermostat at 65 degrees and the furnace works correctly. If the tenant sets the thermostat at 72 degrees, it will be 72 degrees.

2) The tenant does not want to turn up the thermostat because she is having trouble paying the bill.

3) The bill is not too high as it falls within the averages for all the homes in this neighborhood, homes 17 to 22 yrs old. There is nothing wrong with the house and the insulation is not lacking. I also own other homes in this neighborhood.

You cannot "force" her out but you can ignore further calls regarding a matter you have already addressed quite thoroughly.

I had the same problem with a tenant. She kept complaining it was "too cold in here". I told her to turn up the heat. She said, "my bill is already too high, and there is no carpet in the house anywhere." Well, there wasn't carpet the day you rented it either, and it's a brand new furance, so I don't know what to tell you. It costs money to produce heat, it's not my fault it doesn't produce to your standards, X amount of heat for X amount of money.

I told her to move out if it was that terrible of a place to live. If you are wondering, it's a nice house that was freshly painted, hardwood floors, all brand new windows and siding, full basement, laundry, C/A, She still lives there. This is same tenant that cussed me out because her water heater quit heating.

Your tenant is just a complainer, or as you put it, can't afford the heat bill, so they turn the heat way down and blame you for it being cold. The insulation is a moot point, there is no law saying the house has to be insulated well, or that it has to provide a certain temperature at a certain cost. The HVAC equipment just must be ABLE to maintain a certain temperature.

You should tell her to call the gas company, not you, if she thinks bill is too high. Tell her you don't determine gas rates [duh!!!]

Offer to release her from her contract...NOW

Otherwise......you're stuck until August [ put her number on "no ringer" and totally IGNORE her .... except emergencies, of course ]

been there .... done that

PS: this is exactly why I no longer am willing to sign a 12-month lease ONLY 6-month.

Gary,

I have a direct answer to your question.

Indiana LL/Tenant law allows you to change or end the lease with a written 30 day notice. Probably also says certified mail. My atty advises to send it earlier than 30 days so no one can complain.

This sounds like a problem which still needs solving. The next res will have the same complaints.

We have good HVAC guys but they HATE solving problems like this. I suggest eyes-on by you and feel all the vents yourself.

I suspect an airflow problem. Feel the volume of air moving.

Heat pumps are known for a "soft heat", warm not hot, like a gas fired heat.

Does this thermostat have a setting for EMERGENCY (like mine) which really means the gas part of the furnace kicks in, giving the nice blast of HOT air?

One guy tested the air temp - fine, but never checked the filter. It had not been changed in a year and was blocked solid. Little air flow and high bill.

At another house he said everything was fine but when I went into the basement, the cold air return had been smashed flat by kids = no airflow = wimpy heat but registered hot on his thermometer = HIGH bill.

Attic hatch open?

Have the residents blocked air flow? I had one couple complain that it was too cold on the coldest day one

I bought all my kids "Lazy Forever" jumpsuits when they were on sales on Woot for $3.99. I wish I had purchased enough for all my tenants too!

This has nothing to do with the actual issue at hand (seems like you are getting lots of good advice), but I recommend that you put an application on your phone (if it is a smart phone) that is called SMS Backup. It allows ALL of your text messages to be sent to your e-mail and therefore is a paper trail. If you don't have a smart phone, you can forward each message to email, but that is alot more cumbersome, resort to requiring their communication be via email, or snail mail!