What are my rights if my landlord has no heat for my apartment?

My landlord has no heat for my apartment. Also, the upstairs units in my building are regulated by a thermostat in my apartment so I am unable to use space heaters in my apartment. If I do the upstairs apartments heat will shut off whenever my apartment is heated. The landlord stated to me the heat applies for all unitsbut there are no register vents of any kind in my apartment. I have a background in construction so I understand how heating systems work. Another thing is I don’t have a working fan in my bathroom is that legal?

Asked on October 19, 2011 under Real Estate Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In every state in this country, the landlord of a rented unit is required to provide his or her tenant with a safe and habitable living environment. Heat is a mandated requirement for any rented unit. If your apartment has no heat you need to write your landlord a letter demanding heat for your unit by a certain date keeping a copy for future reference.

If it is not heated by then, you should contact a landlord tenant attorney about the situation. Likewise, you my want to contact your local building and permit department for an inspection of the unit. If the landlord is cited by the building and permit department your case against the landlord for a rent reduction or other claims due to breach of the warranty of habitability.

Good luck.

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