I live in the upstairs unit of a two-unit house and I do not have access to the downstairs unit. My downstairs neighbors control the heating element so that in the wintertime, I am dependent on them for heat. I always have to use space heaters in addition to their heat, but sometimes it gets unbearable and if they are not home, or out of town, I have no way of asking that to raise the temperature. Is there a minimum temperature that I can require for my upstairs unit, or if not, can I request a minimum temperature be added on my lease agreement? Can I ask that the landlord enter their premise and adjust the temperature when it gets unbearable? Thank you for any help you can give.
A landlord has a duty to provide "habitable" premises. You don't say if you the one paying for electricity for the space heaters, I suspect you are. The landlord should give you some way to maintain a comfortable temperature, or you should give 30day notice move on.
The above answer is generalized reply to an question and is not intended to be legal advice or establish an attorney-client relationship with you. If necessary you should meet with an attorney and provide the attorney with all relevant documents and get an attorney opinion or advice on your situation.
I agree with the other attorney.. the issue is what is habitable..you do not give temperatures of what you consider comfortable .. ask them to keep it minimum 68 F in the winter which is with EPA guidelines .. Plus you can always ask..and if it gets unbearable you can probably claim its uninhabitable and break your lease if you want .. but do it right.. write out several letters and send them to your landlord. keep copies so you have records of yhour complaints.
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