What are my rights if I have no heat in my rental?

UPDATED: Jan 4, 2012

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What are my rights if I have no heat in my rental?

The heat has been broken a month and the landlord keeps “trying” to fix it but has not yet. It is broken again yet he has not shown up to fix it (it’s been 3 days). What are my options? Is this grounds to move out? He also refuses to deduct from our rent for this huge problem. I just need an idea of what my next step should be.

Asked on January 4, 2012 under Real Estate Law, Idaho


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your rental does not have adequate heat then your landlord has a big problem. Under the laws of all states in this country, a landlord is required to provide to his or her tenants a rental that is habitable. The failure to have adequate heat in the unit can very well be a breach of the implied warranty of habitability to you warranting you the option to terminate your lease without recourse from the landlord.

In your situation I would have a face to face meeting with your landlord about the lack of heat situation and how he or she intends to resolve it in a timely manner. If the explanation does not meet your satisfaction, you might advise your landlord in writing that you may be ending your lease. You should also advise your landlord that you are entitled to a discount in your rent due to the lack of heat as well.

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