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Heat included - But we have no heat!

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adensmom

Junior Member
What is the name of your state? MA
I have a 1 month old baby and we have no heat. We have not had heat for more than 2 days at a time - My landlord says he is trying to fix it. If we needed to stay at a motel until the heat is fixed, is the landlord responsible to pay for our stay? What should I do?
 


BL

Senior Member
What is the name of your state? MA
I have a 1 month old baby and we have no heat. We have not had heat for more than 2 days at a time - My landlord says he is trying to fix it. If we needed to stay at a motel until the heat is fixed, is the landlord responsible to pay for our stay? What should I do?
You might want to call the red cross or such for emergency housing , and find out approximately how long before you have heat , and what the problem is ?

If the landlord just keeps telling you He's trying to fix it , with no fix , call the Health Dept., or Property code inspectors office , the attorney general's office , or even 911 .

You shouldn't have to live in the cold .
 
Good advice above to keep you warm and safe. As to your rights and protection under your state's statutes, your landlord appears to have violated the terms of Implied warranty and covenant of habitability.

Chapter 710: RENTAL PROPERTY §6021. Implied warranty and covenant of habitability

6. Heating requirements. It is a breach of the implied warranty of fitness for human habitation when the landlord is obligated by agreement or lease to provide heat for a dwelling unit and:

A. The landlord maintains an indoor temperature which is so low as to be injurious to the health of occupants not suffering from abnormal medical conditions; [1983, c. 764, § 1 (new).]

B. The dwelling unit's heating facilities are not capable of maintaining a minimum temperature of at least 68 degrees Fahrenheit at a distance of 3 feet from the exterior walls, 5 feet above floor level at an outside temperature of minus 20 degrees Fahrenheit; or [1983, c. 764, §1 (new).]

C. The heating facilities are not operated so as to protect the building equipment and systems from freezing. [1983, c. 764, § 1 (new).]
Various remedies are offered as a part of this chapter but to receive them, you must file a complaint in District or Superior Court with jurisdiction in your area. You must also show that prompt written notice was given to the landlord and that you are current with your rent.

If we needed to stay at a motel until the heat is fixed, is the landlord responsible to pay for our stay? What should I do?
The court may order the landlord to make appropriate repairs plus:

The court may authorize the tenant to temporarily vacate the dwelling unit if the unit must be vacant during necessary repairs. No use and occupation charge shall be incurred by a tenant until such time as the tenant resumes occupation of the dwelling unit. If the landlord offers reasonable, alternative housing accommodations, the court may not surcharge the landlord for alternate tenant housing during the period of necessary repairs.
All of this suggests that the state is ready to help you but, by the time you find an attorney, file the papers, and wait for a hearing, the heat will either be repaired or you may be frozen solid. So, take the advice offered earlier and also, prepare the written notices for the landlord. Then, if you find legal assistance, you may be able to avoid payment for those days when the apartment was not habitable and, perhaps, re-payment for alternative housing. Keep your receipts!
 

adensmom

Junior Member
Thank You

I want to thank everyone for the advice -

Here's a new one for ya.
The landlord got the heat working - been one for 2 days now - When I got home yesterday there was a note on my door stating the my rent is going up an additional $25 starting March 1st. I do believe they need to give me at least 30 days notice. I am going to pay the origiinal rent amount and I will be looking for a new place to live starting today - I fear it's only going to get worse and I don't need the stress.
 

BL

Senior Member
I want to thank everyone for the advice -

Here's a new one for ya.
The landlord got the heat working - been one for 2 days now - When I got home yesterday there was a note on my door stating the my rent is going up an additional $25 starting March 1st. I do believe they need to give me at least 30 days notice. I am going to pay the origiinal rent amount and I will be looking for a new place to live starting today - I fear it's only going to get worse and I don't need the stress.


Rent Increases: If an apartment is either rent controlled or publicly
subsidized, the landlord cannot increase the rent without receiving prior
approval of the local Rent Control Board or the proper housing authority,
respectively. Rent for a Tenant with a Lease can be increased only when
the lease term expires. Rent for a Tenant-at-Will can be raised only when
both parties agree to the increase. However, if you do not agree to it,
the landlord can have you evicted. If your landlord wants to raise your
rent, s/he must send you proper legal notice terminating your current
tenancy. This notice may contain an offer to remain in the apartment for
the increased rent. You must receive this notice at least one full rental
period, but not less than 30 days, before it becomes effective. The
rental increase may be any amount the landlord wishes to charge, and s/he
may increase the rent as often as s/he wishes, provided that proper
notice is given each time the rent is increased.

Note: Some cities or towns (e.g., Boston) allow rental increase limited
to the increase in the Consumer Price Index for elderly, handicapped and
low/moderate income tenants. Check with your local housing authority or
rent control board to see if this applies to your city or town.
 

adensmom

Junior Member
I have no lease with them - Just a month to month - I will be looking for a new apartment with a little bit of knowledge this time - Thank You for your reply.:)
 

FarmerJ

Senior Member
make sure you give proper written notice according to your states laws that your going to move out , send with a method that will give you delivery confirmation. keep copy with your rect.
 

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