How long should it take to fix the heat in the apartment?
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How long should it take to fix the heat in the apartment?
I have been without heat for two months.
Asked on May 1, 2012 under Real Estate Law, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every lease, there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes.
When there is a breach of the implied warranty of habitability such as no heat in your situation, the tenant notifies the landlord as you have done and the landlord is required to respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time, the tenant has the following options: The tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. You also might want to contact your local housing code inspector, who can bring an enforcement action against your landlord for housing code violations, such as no heat in your apartment for two months.
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