Tenants say landlord withholding heat, hot water

By Cara Bailey | Jan 19, 2007

CHARLES TOWN - Three Jefferson County residents have filed a suit against their landlord because the landlord has not fixed problems with the tenant's heat and hot water because he wants them to move.

Dena Bender, Gladys Fisher and Vanessa Dozier filed a suit Jan. 9 against their landlord, Nur Yalcin and West Virginia company Deniz.

The tenants signed a lease for the apartment, and in the lease it is stated the landlord is to provide for heat and hot water.

The suit states Yalcin bought the apartment building in which Bender, Fisher and Dozier live, with the intent to evict the current residents, renovate the apartments and charge higher rent.

At the end of November 2006, the furnace stopped working. From the end of November to Jan. 9, the furnace was broken and the residents have been without heat.

Since Dec. 25, 2006, there has been no hot water in the building.

'The defendants failed to have the heat or hot water repaired, with the intent to terminate plaintiffs' occupancy of the leased premises," the suit states.

Bender, Fisher and Dozier are seeking punitive damages because their contract was breached in an effort to evict them. The suit also states the tenants suffered general damages from the lack of heat and hot water.

A temporary restraining order is also being sought against the defendants' and anyone associated with the defendants, to keep them from interrupting the tenants heat or hot water.

Stephen G. Skinner is the plaintiffs' attorney.

Jefferson Circuit Court case number 07-C-7

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