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?
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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 11 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.
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