What Are My Rights As a Tenant If the Heater Is Not Working?

Know your rights as a tenant

According to the Uniform Residential Landlord and Tenant Act (URLTA), , which governs all states, landlords are required to "maintain in good and safe working order and condition all electrical, plumbing, sanitary, and heating...supplied or required to be supplied."

Basic Duty of Landlord

Having functioning heat in a rental dwelling is a basic duty owed to a tenant. If the heat stops working, the landlord should be notified immediately, preferably in writing.

Landlords Must Make Repairs

Landlords are also required to "make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition," according to URLTA.

Tenants' Remedies

If the landlord does not respond or "negligently fails to supply heat," the tenant may take reasonable measures to secure heat and deduct the cost from the rent, or recover damages, or find substitute housing until repairs are complete.

Exceptions

Exceptions to this rule are if proper notice is not given to the landlord, or if the problem was caused by "deliberate or negligent" acts or omissions by the tenant or his family.

Check Your Local Laws

Local landlord-tenant laws may offer more specific deadlines for required action by landlords.

References

• UPenn.edu: Uniform Residential Landlord and Tenant Act
• HUD.gov: Tenant Rights by State