Is it legal for a landlord to put in the lease that we are responsible for the furnaceif a complete overhaul of the furnace is required?

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Is it legal for a landlord to put in the lease that we are responsible for the furnaceif a complete overhaul of the furnace is required?

Or is she still responsible for it since she is required to make the rental property habitable?

Asked on January 27, 2012 under Real Estate Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Please do not sign that lease!   The landlord is attempting to shift the responsibility of the furnace to you. But part of any rental agreement is the assumption that it has heat in winter - and yes you recorrect: it comes under the warranty of habitability.  If you did something to the furnace that caused it to stop working that would be a suit against you by the landlord and even possibly a loss of security deposit.  Good luck.


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