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No, but you might end up very cold!

Some northern states and cold climate countries have laws about landlords turning off heat during the winter months but in many cases by the time the dispute over payment is resolved the tenant has moved.

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14y ago
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11y ago

If the tenant wants the heat on, or especially if they require the heat to be on, typically the landlord must provide that heat. Failing to do so can result in a legal finding of Constructive Eviction -- indicating the landlord broke the law in order to force an illegal eviction. This can have some nasty results, including quite a few months of free rent, and a curtailment of some of the landlord's eviction rights.

The best solution is to discuss the matter with the tenant and try very hard to reach an amicable settlement. It's a lot better than fighting an opposed eviction.

To the tenant: Your legal remedies are many, but the best is to come to an agreement with the landlord, as rental proceedings are painful and rarely have a clear cut winner. However, if you must fight this, you'll want to check with local law to make sure this applies, but after notifying the landlord of the problem at least once and preferably a few times, in writing, you can consider withholding rent until the problem is fixed. You can also sue through the courts, charging the landlord with creative eviction among others -- again, check not just State law but your local county and city codes to make sure you get this right, before proceeding.

To both: Almost any mutually acceptable agreement is better than court in this matter. Beyond the obvious consequences: surprising judgments, lasting legal issues, &c. this sort of thing can build a Lot of hostility between people who must come into contact with each other.

If you can't work out a solution, there are some great books available on this, that you might want to read before proceeding into court or involving a lawyer. See links.

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Q: Is it illegal to turn off heat in winter in Pennsylvania?
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