What to do if my landlord refuses to turn on heat and the temperature going is 35 degrees?
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What to do if my landlord refuses to turn on heat and the temperature going is 35 degrees?
I have children and it is very cold in the apartment.
Asked on June 5, 2012 under Real Estate Law, Nevada
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. Not repairing or providing heat is a health and safety issue which constitutes a breach of the implied warranty of habitability.
When there is a breach of the implied warranty of habitability, the tenant has the following remedies: The tenant can make the repairs (hire someone to repair the heater or turn on the heat) 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 can also contact the local housing code inspector, who can bring an enforcement action against the landlord for housing code violations such as not providing heat.
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