QUESTION

If my apartment has no heat and it has been an ongoing issue, do I have a case?

Asked on Dec 26th, 2012 on Landlord and Tenant Law - North Carolina
More details to this question:
I have had this issue for a couple of months but no permanent fix for the solution has occurred. The say they are going to fix it on Friday but this last week is the coldest it has been all year.
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9 ANSWERS

Yes. You do have a case. This is a habitability issue. If the landlord doesn't fix it, you can fix it and deduct the cost from your rent, but you must follow the proper procedure.
Answered on Jan 03rd, 2013 at 12:48 PM

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The absence of heat is a habitability issue. If appropriate accomodation is not provided within a reasonable time then there may be liability. You should review all of the facts with a real estate attorney.
Answered on Jan 03rd, 2013 at 12:48 PM

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No heat in the winter in Michigan means the dwelling is not "habitable." You are not responsible for rent while the home is not habitable. You have a few options. Get estimates to repair the heat and show them to your landlord. If immediate action is not taken, you can pay for the repairs yourself and deduct them from your rent. Otherwise, you may have grounds to break your lease. The court system will not expect you to live in an unheated home in the cold winter months. Good luck!
Answered on Dec 31st, 2012 at 10:41 AM

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You do. Failure to supply heat is a serious violation of the State Sanitary Code as well as several Massachusetts laws designed to protect tenants. You should immediately contact your local board of health or inspectional services department and have them send an inspector out. This will be deemed an emergency and your landlord could be liable both criminally and civilly.
Answered on Dec 31st, 2012 at 10:41 AM

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Lisa Hurtado McDonnell
In Utah they have a reasonable time to fix it. If they don't you can schedule a repairman to fix it and deduct the repairs from the rent. See the Utah Habitability Act.
Answered on Dec 31st, 2012 at 10:40 AM

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Child Custody Attorney serving Milwaukee, WI at Zales Law Office
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Of course you must have heat! Talk to an attorney ASAP.
Answered on Dec 31st, 2012 at 10:39 AM

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So long as the failure to provide heat is something that is not caused by an act that you yourself did, then you definitely have a case. A landlord is required to provide heat/AC and if he fails to do so, he can be sued for breaching the warranty of habitability.
Answered on Dec 31st, 2012 at 10:39 AM

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Yes you do have a remedy. I would recommend, if you haven't already, giving your landlord written notice of the issue. The Landlord Tenant Act requires the landlord to provide you with heat and if there is a problem that needs to b repaired, with written notice, your landlord will have approximately 24 hours to address the matter. This does not mean the problem must absolutely be solved in 24 hours, but it should be at least started within 24 hours and finished within a reasonable time after. For instance, a furnace may need to be replaced. That could potentially take more than 24 hours. Replacing an electric baseboard heater should take no more than 24 hours tops. If the landlord does not address the issue, then you can resort to repairing the issue yourself and deducting the repair costs from the rent, or you can terminate the least and vacate. If you use the deduct from rent remedy, there are limitations. You must give your landlord a written estimate of the work first (I would personally hand a copy to the landlord and mail a copy), and you cannot deduct more than 2 months of rent.
Answered on Dec 31st, 2012 at 10:39 AM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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You need to send your LL a letter to fix the heat and they have 1 week to do so. If they don't you can file for "rent abatement" in small claims court against your landlord. You can ask the clerk for the form you need to file at the courthouse. You can also file for free if you can prove you are an indigent...you need to ask for that form specifically as they typically don't offer it without you asking. Also, you need to make sure you keep evidence of the temeprature...testimony is fine, how many times you reported it and what the landlord has failed to do. DO NOT withhold rent. This is not allowed in NC and the LL may evict you if you do.
Answered on Dec 31st, 2012 at 10:38 AM

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