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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111634
Experience:  Attorney with over 24 years experience.
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I have about 1/2% of heat in my apartment. I am 83 yrs old

Customer Question

I have about 1/2% of heat in my apartment. I am 83 yrs old and have lived in this apartment under rent control for 35 years. what recourse have I when the landlord neglects fixing?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the landlord is not fixing the heat or providing proper heating, then the landlord is in breach of the contract (lease) with you. First step if you have given the landlord notice and he has failed to make repairs is you can file a complaint to both the local housing office and also to the local building inspector and they will come out to look for violations and will cite the landlord to force him to make repairs. You can also notify the landlord you will be withholding rent in a separate account until he makes proper repairs and you need to send the landlord written notice that you are withholding rent because he has failed to make necessary repairs after you reported the defects to him.

If they cannot resolve the issue, then your final recourse is you have a right to sue for breach of lease to seek to force the landlord to make the repairs and seek payment for any damages his failure to make proper repairs has caused you to suffer (such as increased energy bill for an electric heater until he fixes the heat).

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