Hi,
My boyfriend and I just signed a 1 year lease on an apartment, one of the draws of which was a working fireplace. Now we have moved in the landlord says they will be replacing the fire with an electric one! We are furious as this was never mentioned before we signed! Can we refuse to have the work done?
Many thanks
Fireplace removal
Interesting question. As a fan of fireplaces, I would also be upset by the attempt to replace a wood-burning fireplace with an electric unit. Please. Not exactly the same thing. You might try a soft touch first, asking the landlord to delay his plans for year so you can enjoy the apartment as it was shown to you. If that doesn't work, and you're in the mood for fight, try saying no. Tell the landlord he does not have permission to enter the unit to remove the fireplace and that if he attempts to do so, you will go to Housing Court for an injunction.
I would argue that the fireplace is very like an appliance, for purposes of analyzing the landlord's obligations. Under Massachusetts law, if a tenant leases an apartment that comes with a refrigerator, for example, the landlord is obligated to maintain the appliance and can not remove it, even though, at the outset, the law does not require the landlord to provide a refrigerator. Good luck.