questions & answers

Question: My landlord turned off the heat to the entire apt complex a week ago, and stated that it can't be turned back on. It is reasonable to presume that without heat, the temperature inside the residing units will be comparable to outside. I tried to submit, in writing, a letter requesting that by purchasing an adequate heater to heat my unit during this time, I may apply the amount spent on the heater, with proof of receipt, to be deducted from my rent for the month of March, 2015. I cited 33-1324 and 33-1364 in the letter. The landlord denied the request. How enforceable is my principle?

Answer: SInce you notified the landlord an followed the law, you can purchase the heater you need and deduct it from the rent. IF the landlord tries to evict you for nonpayment, be sure to keep the letter, the landlord's refusal letter and your receipt. The other option, somewhat safer, is to buy the heater you need, pay the full rent and sue the landlord in Small Claims Court for the cost of the heater as well as any other damages you have suffered.