Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 1 decade ago

i rent a house that has no heat/air upstairs,landlord refuses to fix due to cost, is he required to fix it?

He bought a 12" x 6" heater but it is so small that it's a joke! Can I complain? to whom?

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  • 1 decade ago
    Best Answer

    No, unfortunately, A/C and heaters are considered a "luxury" and your landlord is not required to fix it.

    You can get a window unit to cool off your apartment, which actually works pretty well. Get yourself another floor heater that works better. That's about all you can do, unless you have a fireplace.

    For centuries and centuries people survived without heat and A/C.

    Look for tricks.. like.. If you're too hot.. Grab a towel and soak it in cool water and wrap yourself up in it. You can even sleep with it. If it warms up, just shake it a couple times and it's cool again.

    For heat, take a hot hot bath and then curl up under some blankets. Make sure your windows are sealed shut and cover any drafts.

    Save up to have your heat/air fixed, yourself, or buy out of your lease and find a better home.

  • 1 decade ago

    It Depends on a few things

    Where you live

    What is in your lease agreement

    If your lease includes heat as part of the agreement, then you can effectively sue him.

    If you pay additional $$ for heat.. .then he may be able to get out of that by stating that he provided you with the ability to regulate he heat your self... as long as he foregoes the additional $$ he would colled for heat.

    Also... there may be rules that the temperature has to drop below XX degrees for a period of time... and no heat is present... before any laws have been broken (depends on where you live)

    As a landlord, the heater broke in one of our buildings... it took a week or so to get it up an running... we were sued by the tenants... we won because the average temp did not drop below XX degrees for a period of time. We were a little ticked off as we were addressing the problem (parts needed to be ordered, etc...) in a timely fashion. We provided heaters for all residents to augment, and did not collect $$ for the heat that was not provided during the down time (a percentage of the $$ for heat per month was not charged for that month)

    Depends on where you are and what is in your contract.

  • 1 decade ago

    YOU ARE NOT RESPONSIBLE FOR LIVING IN A COLD, RICKETY HOUSE... It is a law that landlords must have things as serious as improper air ventilation "Professionally" taken care of... not at the cost of the tenant!!! Have a city building inspector come by to look at it free of charge to address your concern. He will also see if there are any other violations in your house that have been over-looked such as faulty electrical wiring, asbestos, other in-adequate ventilation, non-working appliances such as your dishwasher and/or refrigerator, washer/dryer . If the ventilation issue hasn't been taken care of, or anything else he finds, he will formally write a letter to the owners/landlord and tell them that they have a certain amount of time to have it professionally fixed or else they will be penalized and their business shut down until it complies with housing/building code regulations. Also, if they choose not to have these things "professionally" fixed... document the before and after with photos, or keeping a journal so you have grounds to sue them in Small Claims Court.

    You also have a right to get out of your lease if the landlord fails to maintain the property and have your deposit given back to you "no questions asked".... if they refuse to, you again, have legal grounds to sue.

    Your well-being is what matters here, don't feel sorry for your landlord, you are paying him money every month. Obviously something is array, or else you wouldn't be upset. Call City-hall if you cannot find the number for the Building inspecter in the govt. section of the phone book.

    Hope things get straightened out for you ~ Sorry this is happening ... :(

  • 1 decade ago

    This would fall under the issue of habitability. You would need to take temperature readings and document that the temperature falls outside acceptable limits in your area (state laws vary). Then a judge could make him fix it, reduce your rent or let you out of the lease.

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  • Clare
    Lv 6
    1 decade ago

    Call the tenants' union in your state and ask them - it depends on the jurisdiction.

    But it might depend on whether there was heating/air when you moved in. If so, he might be obliged to fix what was in operation when you moved in. If it was broken when you signed the lease, however, it's unlikely you're entitled to much in this case.

  • Eman
    Lv 6
    1 decade ago

    Only if the broken heater was part of the initial rental lease agreement.

  • 1 decade ago

    Yes. Turn him into your local housing department.

  • Anonymous
    1 decade ago

    refuse to pay rent citing defficinecy of service

  • Anonymous
    1 decade ago

    Yes, he is required to fix it. Who you call depends on where you're from.

  • Anonymous
    1 decade ago

    Unfortunately no he isn't unless it's a safety issue

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