Can we break our lease if our apartment is not being heated properly?

UPDATED: Nov 3, 2011

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Can we break our lease if our apartment is not being heated properly?

The temperature in our apartment is consistently below 68 degrees (which I read is the minimum a landlord must keep it heated to). We have made management aware of this many, many times. We have no thermostat in our apartment and the heating system in place appears to be very inadequate. There are thermostats placed in other units that control when the heat comes on for our unit. Sometimes it is as low as 60 in our apartment, and we have a small baby. Management has stopped responding to our e-mailed complaints and has offered no solution. Can we just leave and break our lease without fault?

Asked on November 3, 2011 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should speak with an attorney before doing anything; you may have grounds to termiante the lease, but it is not clear that you do, so you need someone to evaluate the situation in detail with you.

The principle: every lease comes with what's known as the

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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