[christinagontar]

I just moved into a rental apartment in Bucks County, PA. Prior to my move, I was told by my new landlord that the landlord pays for the heat. I asked what the guidelines were around that. The landlord stated that even though they pay for the heat, the tenant has complete control over monitoring and adjusting the heat at any time. After moving in I went to turn on the heat and it blew out cold air. I contacted the landlord and they stated that the temp in the house had to be between 50-55 degrees before the heat would turn on. The temperature in the house was 58 degrees. Are there any laws regarding what the temperature has to be internally and externally, prior to the heat being turned on?
Thank You!

[excon]

Hello c:

He's playing hardball - now it's YOUR turn.

No, you're not going to find any law that specifies temperatures... You will find, however, that he's in violation of the "warrantee of merchantability". The law states that your landlord must supply you with a "habitable" residence. That means an item must be fit for the purpose for which it was sold. You were sold an apartment. 58 degrees isn't an apartment - it's a refrigerator.

Write him a letter telling him that 58 degrees does NOT meet the standard he is required to meet. Ask him to adjust the thermostat or you will be forced to leave due to his breach of your lease. Tell him that if that happens, you'll sue him for constructive eviction and your legal fees to obtain it. Send your letter certified, return receipt requested.

excon

[LisaB4657]

As usual, excon is entirely correct. The only thing I would add is that you should send two copies of the letter--one by certified mail and one by regular mail. If he doesn't accept the certified mail but the regular mail doesn't get returned then a judge will presume that he received it.

At the bottom of the letter, under your signature, put "sent by certified mail and regular mail". And keep a copy of the letter!