[chilly14]

Hi,

I live in an apartment that is part of a house which the radiator heat is controlled by the landlord. I made a request about the heat being turned on at least two weeks ago and although I know they are making an effort, the heat is still not on. They won't give me a specific date as to when this will be resolved. I've decided to not pay my Nov. Rent until this issue is resolved. It is my right to be provided with heat correct? What are my rights in this situation? Can they charge me the late fee for not paying my rent still? I have paid it on time up until this point, but I feel that I have to make a statement. They have also continually reminded me that I can leave my lease without any strings attached and just move out. But I don't want to move out, I just want them to follow through with my requests!

Thanks

[bobloblaw]

Depending on what state you live in, this is likely illegal. In NJ, landlords are legally required to provide heat nov 1 - may 1. call your local hosuing authority, or visit hud.gov

[rockinmommy]

Well, the answers to what you can withhold, what form your request must be made in, and exactly what they must provide and when should all be in your lease. If your lease doesn't address any of that, then you need to refer to your state's LL / tenant laws. There's a "sticky" at the top of the forum with a link for each state.

Did you make your request in writing? That's almost always a requirement in order for you to have the "right" to take any action like witholding rent. Typically once you've made a written request they have a set amount of time to do something. Some states require a 2nd request from tenant. And it varies a lot what you're "rights" are if the landlord doesn't rectify the problem.

Also, you may want to consider the option of moving. Even when (or if) you're able to get this issue resolved, what will be next? Especially if you could strike a deal with them.

[ScottGem]

While there are circumstances where you can wihhold rent, you have to be very careful.

Send a certified letter to the landlord stating that you are entitled to heat (check with your local housing dept first) and, since you have given them ample notice to provide heat, you are forced to withhold your rent until this problem has been repaired. You then deposit the rent, on time, in a separate bank account.

They can still try to evice you and charge a late charge, But if you can show that you requested the repair and it wasn't done in a timely basis and that you deposited the rent in an escrow account, you will probably win when they try to evict.

[twinkiedooter]

If you don't pay for the electric I would suggest that you purchase a space heater and use that for heat until the stingy landlord decides to turn on the heat for you. Call your local building dept and ask them about the local laws regarding heated living areas and the lack of heat such as your situation. I am sure that there is some sort of local law addressing this problem. In the meantime, please do not withhold your rent due to the heat problem or you could have more problems facing you. Write letters certified return receipt mail to your landlord regarding the no heat problem and keep sending letters if the problem is not resolved.