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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118175
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My question is regarding rent being prorated to reflect the

Customer Question

My question is regarding rent being prorated to reflect the days during which my landlord did not provide heating service to my apartment building. Two days before the recent snowstorm, the heat in my building (but not hot water) went out due to a broken boiler and was not repaired until 6 days later. During this time I've made arrangements to stay elsewhere because it was too cold in the building. I've emailed, the rental company to ask if I will be reimbursed for the days during which the apt was uninhabitable. I've not heard an answer for over day, and according to the the bill they sent me, they plant to electronically withdraw the full amount of monthly rent from my banking account. I disagree with this and was going to stop the automatic withdrawal payment, however not sure if that is the best course of action to take.
Submitted: 1 year ago.
Category: Real Estate Law
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.
When a premises is not habitable, the landlord is in breach of the lease and liable for the costs of the tenant having to live elsewhere or prorating rent for the time that the premises was not habitable. If they refuse to provide you compensation for the time the premises was not habitable, then your best course is not stopping payments but filing a suit in small claims against them for breach of lease and seeking reimbursement for those days you could not live there.
You also need to write them another letter informing them they violated the landlord tenant law by failure to provide a habitable premises and if they do not refund the rent amount for the days the premises was not habitable you will sue them for the breach of lease. Tell them that is your final demand and if they do not respond in 5 days you will pursue legal action. If they do not respond then you need to file suit in small claims for your money.