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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6849
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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PA** we have a tenant that complains of it being cold in s

Customer Question

PA** we have a tenant that complains of it being cold in his apartment. According to his room thermometer it is 60 degrees in his apartment, while the town's policy says landlords must "furnish heat at 68 degrees in habitable rooms." The thermostat for the furnace is on another floor and it is 68 degrees. The other tenants do not complain of it being too cold. We feel we have done everything we are supposed to provide. If the tenant has, say, drafty windows and the landlord can prove that he 'furnished heat at 68 degrees', then is it the tenant's responsibility to put up window shrinkwrap or the landlord's? Where exactly does the landlord's responsibility end where providing 'adequate heat' to the tenant is concerned
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Irwin Law replied 10 months ago.

I'm afraid that my opinion on this subject will not be the same as yours. The town policy calls for 68° in habitable rooms. That like a bot***** *****ne condition that must be met before a room can be rented. A court would probably interpret that as a landlord's duty to make sure that the temperature in all habitable rooms, not just some of them reaches 68° . The court would probably find that it is not the tenant's duty to make it so, but rather, it would rule that the landlord cannot rentithat particular room during the winter months. I tell you this as a fairly experienced landlord. I hope that this information is helpful and that you will not "shoot the messenger" with your rating.

Customer: replied 10 months ago.
hi, so it sounds like sealing and shrinkwrapping drafty windows should also be the landlord's obligation then? and, what happens if the tenant takes off the shrinkwrap?
Expert:  Irwin Law replied 10 months ago.

If the tenant causes the drop in temperature then that Means that you have done all you can do, and the room temperature is their problem. They can always invest in a electric room heater I suppose.

Expert:  Irwin Law replied 10 months ago.

hi, so it sounds like sealing and shrinkwrapping drafty windows should also be the landlord's obligation then?

Yes, under the circumstances you describe, it is. I believe that I have answered the question, and It cannot be based upon what the tenant may or may not do in the future.

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