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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24870
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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my landlord hasnt fixed heat in my home even thou i have given

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my landlord hasnt fixed heat in my home even thou i have given him written notice over 30 days and every time i call him he lets it go to voice mail now with the temp really low tonight in the 30's and everyone getting sick can i use my rent money to pay for the docture's and med's
OK, do you have a written lease agreement?

If so, who is responsible for the maintenance of the furnace or heater pursuant to that lease agreement?
Customer: replied 4 years ago.


my landlord

Then you have your options since the LL is in breach of the implied warranty of habitability:

1) to withhold rent till he fixes the problem and deduct a per diem rate for such, or
2) pay someone to fix the problem and deduct the cost from your future rent
3) notice the LL that they are in breach and you are vacating the premises


There are many kinds of defects that could make a rental unit unlivable. The implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the "occupation of human beings " In addition, the rental unit must "substantially comply" with building and housing code standards that materially affect tenants' health and safety.

A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.

A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:

Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system
Gas facilities in good working order.
Heating facilities in good working order.
An electric system, including lighting, wiring, and equipment, in good working order.
Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin.
Adequate trash receptacles in good repair.
Floors, stairways, and railings in good repair.
In addition to these requirements, each rental unit must have all of the following:

A working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room which is ventilated and allows privacy.
A kitchen with a sink that cannot be made of an absorbent material such as wood.
Natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation.
Safe fire or emergency exits leading to a street or hallway. Stairs, hallways, and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials.
Operable deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows.
Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.
Ground fault circuit interrupters for swimming pools and antisuction protections for wading pools in apartment complexes and other residential settings (but not single family residences).The implied warranty of habitability is not violated merely because the rental unit is not in perfect, aesthetically pleasing condition. Nor is the implied warranty of habitability violated if there are minor housing code violations, which, standing alone, do not affect
habitability.

While it is the landlord's responsibility to install and maintain the inside wiring for one telephone jack, the landlord's failure to do so probably does not violate the implied warranty of habitability.

Additionally is the presence of mold conditions in the rental unit that affect the livability of the unit that is a breach of the implied warranty of habitability.





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Customer: replied 4 years ago.


thank you

You're welcome. Good luck!!