Who is repsonsible for furnace repair -the tenant or the landlord?
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Who is repsonsible for furnace repair -the tenant or the landlord?
We just moved in to an apartment to find out the furnace is not working had a repairman out to find out the problem will cost $900.
Asked on January 26, 2012 under Real Estate Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The landlord is responsible for repairing the furnace.
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 state and local housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord and the landlord is required to respond within a reasonable time by making the necessary repairs. If the landlord fails to respond within a reasonable time by making the necessary repairs, 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.
If the landlord does not repair the furnace within a reasonable time, this would constitute a breadh of the implied warranty of habitability since this would be a health and safety issue during winter when you will need heat in your apartment.
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