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Breach of lease for failure to provide heat according to lease agreement

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DiamondJ

Junior Member
From: City limits of Appleton, WI

My lease states that heat is provided by Landlord, with no specification as to the date they turn the boilers on.

According to city code, if the temperature outside falls below 65 degrees F. between the hours of 11pm and 8am, landlord supplied heat sources are to be working.

In this case, if those conditions are met and my heat was not working and landlord was notified more than once and refused to activate the heat, would the landlord have breached the lease?

Thank you for your opinion/answer.:rolleyes:
 


xylene

Senior Member
Per the WI laws and your lease, your landlord has an obligation to provide heat to the standards described in the lease and under the state and local laws.

There is a standard of reasonability. For instance the lease would not be void if the heat was inoperative due to a mechanical breakdown, so long as the landlord was making a reasonable effort to promptly fix the heating plant. Another example would be a strike, shortage or embargo that disrupts fuel supplies, these would be beyond the landlords control. The LL would still need to make reasonable efforts. Not wanting to run the heater due to high energy prices is not reasonable. It is a material breech of the landlords obligations.

Willfully failing to run the heat to the standards in law makes the property "untenantable" and could be considered a "self-help eviction", so essentially by the LL's action which make the dwelling uninhabitable, the landlord has broken the lease... This certainly allows you to exit your lease and could subject the landlord to damages as well.
 

HomeGuru

Senior Member
DiamondJ said:
From: City limits of Appleton, WI

My lease states that heat is provided by Landlord, with no specification as to the date they turn the boilers on.

According to city code, if the temperature outside falls below 65 degrees F. between the hours of 11pm and 8am, landlord supplied heat sources are to be working.

In this case, if those conditions are met and my heat was not working and landlord was notified more than once and refused to activate the heat, would the landlord have breached the lease?

Thank you for your opinion/answer.:rolleyes:

**A: why is L not providing heat?
 

ENASNI

Senior Member
whoa

Two good answers to the same question.

one very detailed and to the point.

one very succinct and to the point.


Where else on earth do we see such a thing? :confused:



No ... nobody answer that... PLEASE!
 

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