What are my rights if landlord does not furnish sufficient heat?

Question Details:

The temperature in my apartment during the winter months never gets above 62 degrees and has been as low as 50 degrees on the colder days. The house is more than 200 years old and has been designated an historical site. Heat and hot water are included in my rent. I have complained to my landlord on many occasions over the last 20 years and he has never corrected the problem. His maintenance people have told me the furnace is too small and there is no insulation in the walls. Can Irecover any rent I've paid, since he has never complied with his part of the lease?

Asked 1/11/2010 under Real Estate | 199 View(s) | More Legal Topics

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Real Estate Law Answers

Christopher Vaughn-Martel / VAUGHN-MARTEL LAW Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Massachusetts

You should contact your local board of health.  Schedule an appointment for them to come and inspect the apartment.  If there is a heating problem, they will take action with your landlord.

Henry Lebensbaum / Law Office of Henry Lebensbaum Answered 2 years ago | Contributor with 7 answers This attorney is licensed in Massachusetts

You have a right of action to sue the landlord for failing to abide by the lease, which could result in damages.  However, since you waited such a long time, it could be a problem.

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