What to do if 2 of our 4 heaters have stopped working and the landlord insists that this is due to our negligence in not keeping the heaters maintained?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What to do if 2 of our 4 heaters have stopped working and the landlord insists that this is due to our negligence in not keeping the heaters maintained?

The landlord never indicated to us that the heaters needed to be maintained and that they have filters that need to be changed every 3 months. It is cold and we are out of heat. I want to know if maintaining the hvac/heater units is a tenant responsibility and whether I can withhold rent or deduct the repairs from the rent?

Asked on December 8, 2012 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you as the tenant are responsible for the heater's maintenance would be spelled out in the presumed written lease that you have for the unit. As such, you need to read the lease in that the answer to your question will be there.

Rather than getting into an issue of withholding rent and making repairs, you should contact your local health department for an inspection of the rental. If the unit is tagged, then the landlord will have to make immediate repairs at his or her cost.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption