How Much Heat Does My Landlord Have to Provide?
| Are you having trouble getting your
landlord to provide enough heat? Here is what Maine law says.
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If your landlord has agreed to provide heat, he has broken the law if:
- The temperature in your house or
apartment is so low that it "injures the health" of
anyone living there. (This rule does not apply to someone who
"suffers from abnormal medical conditions," that is,
someone who is so sick that he cannot stay healthy with a
normal amount of heat.)
- The heating system is not able to
heat the unit to at least 68 degrees when it is down to 20
degrees outside. You can test this by setting a thermometer at
least 3 feet away from an outside wall and about 5 feet above
the floor. (The reading doesn't count if it is closer to the
wall or floor.)
- The heating system doesn't keep
the building's systems (like water pipes) from freezing up.
|
These are the minimum state standards. Your city may have stricter rules.
To find out, call your city code enforcement office. (Smaller towns are less
likely to have their own rules.)
| If your landlord has broken any of these
three rules, here's what to do:
|
- Talk to your landlord, explain the problem and ask him to fix it.
- If that doesn't work, make your complaint in writing. Keep a copy of
your letter. Hand the letter to your landlord, or send it certified
mail, return receipt requested, so that you have written proof that he
got it.
- Contact your local code enforcement officer. Ask him to inspect your
home and to send a notice to the landlord, telling him to fix the
problem.
- If the problem can be fixed with a minor repair, follow the steps for
"Repair
and Deduct".
- If none of these steps works, or if you have questions about any of
this, call Pine Tree Legal Assistance.
Warnings:
If you signed an written agreement that says you agree to a specific condition
(like no furnace) in order to get a set amount taken off of your rent, then
the landlord does not have to provide a furnace. Otherwise, your landlord
must meet the heating standards.
Don't withhold payment of rent unless you are prepared to move. Your
landlord may be able to evict you if you don't pay the rent. If you get an
eviction notice, call
Pine Tree Legal.
Read more about your landlord's
"warranty
of habitability" and how to enforce it in The
Rights of Tenants in Maine.
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Notice
© Pine Tree
Legal Assistance
August 2008
Sometimes the laws
change. We cannot promise that this information is always
up-to-date and correct. If the date above is not this year,
call us to see if there is an update.
We provide this
information as a public service. It is not legal advice.
By sending you this information, we are not acting as your lawyer.
Always consult a lawyer, if you can, before taking legal action.
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