If I’m a renter and my heater broke 5 days ago, how long does the landlord have to repair it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I’m a renter and my heater broke 5 days ago, how long does the landlord have to repair it?

-Ohio resident

Our furnace broke 5 days ago. We sent in a request for it to be fixed the next day. The HVAC guy sent by our landlord looked at it and said we need a new furnace. We heard nothing from the landlord on 2ndtried contacting multiple times. New Link Destination
day the HVAC guy came to install the new furnace around and left at 2 pm. The HVAC guy said he cant fix it today because of a problem with the air conditioner. No parts need to be order just labor. The temperature throughout the house is currently below freezing and the temperature outside is -8. Is it reasonable for the landlord to go another day without fixing it considering the circumstances?

Asked on January 3, 2018 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no hard-and-fast timeline: the landlord's responsibility is to promptly take reasonable steps once the issue is reported, which this landlord has evidently done. The law does not hold the landlord legally responsible for delays beyond the landlord's control (such as delays in getting parts, or due to the complexity of the required repairs, or the contractor being unavailable, etc.) or for environmetal factors (e.g. the outside temperature) also beyond the landlord's control. As long as the landlord brought in a reputable contractor to address the problem, the landlord is doing what the law requires.
The above said, you are entitled to a rent "abatement" (rebate or credit) for any days that the unit is essentially uninhabitable due to lack of heat (it may not be 100% of each day's rent, but should be a significant portion for lack of heat). If the repairs take too long, you could very likely use this (the lack of habitability, so so violation of the "implied warranty of habitability," or legal obligation to provide rentals that are fit to live in) as legal justification to terminate your lease early without penalty.


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