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What can you do if your landlord has no heat in your apartment and it is winter time?
Wiki User
∙ 14y ago
A landlord has a legal obligation to maintain a habitable property. If you do not have heat (unless you are in Arizona in the middle of the summer), the landlord will have constructively evicted you by breaching the implied warranty of habitability. However, the law says that you must give your landlord written notice of the problem, and the landlord must have a reasonable amount of time to correct it. Since the form and duration of this notice varies from state to state, you should see a tenant's rights group or an attorney for guidance.
If the landlord constructively evicts you, you may sue him/her for damages including moving expenses. If you're at that point, small claims court is your best option. Be sure to talk with an attorney or tenant's rights group before filing a small claim.
The Related Questions and Related Links below have more information about constructive eviction and your options.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoDepending on the state, you must have heat when the temp falls below freezing. If you do not you can go to an attorney and start a escrow account to put your rent into until the situation is resolved. The landlord should be contacted first has he may not realize this is an issue. If you are responsible for the heat, you may be evicted for not having it on also!
Wiki User
∙ 12y agoYou cannot sue your landlord, per se, but there is action you can take should these conditions make it inimical for you to live in your home. By giving your landlord a notice of at least seven days before the next rent is due, you can have the problems fixed, then offset the costs from the rent. If the problem is too much, you can move out of your home under the constructive eviction rule.
Keep in mind that even with the notice given as stated above, your landlord could still initiate eviction proceedings against you. But if he does this, and he knows that you are correct, he will lose the case and you can automatically countersue for damages in the amount of of up to three months of rent abatement. If you move out because of this problem and your landlord keeps the security deposit, you can easily sue to get it back.
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Can a landlord legally kick us out for not paying rent on time in the winter?
Absolutely.
Are there any PA laws that state how warm a landlord must keep an apartment in winter?
There is no law stating a specific temperature, however, there are laws regarding the landlord's obligation to "make reasonable efforts" to maintain heat and water service to the building at all times, and provide you with an alternative living space should that quality of living be sacrificed for more than a pre determined period of time as set forth in your l ease or verbal agreement.
How much time does a landlord have to give a tenant to vacant a apartment?
That depends on the state. I suggest you resubmit the question, saying what state.
Does a landlord have to remove a bat from a apartment?
Sometimes it take a long-time for the landlord to take action. If I were you do what I do. I called The Critter Guy here in Canada about the Bat removal and I called my landlord to offer it and immediately he agreed to do it today. Problem solve.
Can landlord prorate rent after moved out but still spending time cleaning?
Yes, the landlord can charge a prorated rent until you, your belongings, and cleaning supplies are physically out of the apartment and you've returned the key.
How much time do you have to vacate an apartment in Chicago once your lease is up if your landlord won't let you renew the lease?
The last day of the lease.
How soon does a Landlord have to fix your furnace in your Apartment?
As soon as he possibly can, and, in the mean time, has to put you up somewhere, or provide safe space heaters.
Can the landlord charge the tenant a fee for breaking the lease if the apartment is rented again in few days?
This depends upon whether that fee is quoted on your lease when you signed it. It is not there, then landlord cannot charge you because he rented the apartment quickly after you left. However he may be able to keep your security deposit if you broke your lease. If there was a lease, the terms are generally such that you are responsible for the rent for any month that the apartment is vacant from the time you vacate the apartment to the time the lease ends OR the apartment is rented out, whichever comes first. Since the landlord did not suffer any damage by breaking the lease - he rented out the unit just a few days that you left - there shouldn't really be any reason for him to charge a fee. But if that is stated on your lease then he has the right to do so.
Can an apartment manager harass a tenant with nude email pictures?
Ofcourse NOT! Apartment Manager or GOD... This just isn't acceptable behavior. You should file a complaint with your landlord - or if it has become habitual - then contact your local precent (do NOT call 911 to file this type of complaint) file a complaint and put your Landlord on notice of your action. If it persists contact the police and this person will likely be cited and serve time (community service or jail time) and you may be able to recover monetarily from your Landlord - if your he allows for this to persist.
What color holds in the most heat during winter time?
blue
What can you do when the landlord turns off the heat every time she goes out?
If this is an ongoing pattern of behavior and is required that you have heat in order to live in your rental property, then you can move out by constructive eviction.
In Texas can a landlord enter the house without permission?
In almost any state a landlord can enter the premises if there is good cause (leaking pipes, electrical problems, etc;) Your landlord should make an effort to contact you first but regardless of your consent, the landlord may go in and inspect if there is a potential hazard to the building or other tenants. It is important to remember that while your landlord owns the property, you, as a renter retain temporal eminence (meaning that you are the temporary owner). However, the landlord has a right to look after his/her long term interests. If the landlord feels that you have violated the terms of the lease, let's say that your contract forbids a water bed in the apartment unit and your neighbor below is complaining of water leaking through the ceiling; the landlord attempts to contact you by phone but you do not answer. In this case the landlord has the obligation to the one tenant complaining of water leaking through the ceiling by entering your apartment to find the cause. Like most legal matters the situation is governed by the "reasonable-ness" of the case. Your landlord cannot enter your apartment to look around, to open your drawers or inspect the quality of your furniture or even to make sure you are in compliance of the terms of the lease, that would be a violation of your right of privacy. It would be reasonable to presume that if your lease stated that you may not have a dog as a pet for any period of time and the landlord hears barking in your apartment, he /she may enter because the barking would make it reasonable to believe that there is a dog in the apartment.
