My Landlord Will Not Fix My Heat – What Can I Do?

You have a place to call home, and you currently rent. As you make your monthly payment, you rest assured that most repairs will be paid for and taken care of promptly, but wait – the heat has stopped working, and your landlord is not repairing it. Now what?

It can be aggravating and challenging to deal with a – but DoNotPay offers a quick, simple way to handle the details for you.

Doesn’t My Landlord Have To Fix My Heat?

Any landlord in the United States is required to ensure their tenants have livable homes. This includes providing reasonable heat in the winter. Some local laws may even specify that your home's internal temperature cannot fall below a certain level – New York, for example, requires a minimum of 62 degrees.

But what happens if your ? Most states have an implied warranty of habitability that gives a renter the right to live within a safe, comfortable home. Even if not expressly written in the lease, this warranty generally supplies renters with the right to live in a home with:

No infestation of pests.
Doors and windows that lock.
Working plumbing and electricity.
Smoke detectors in working order.
Heat during cold weather.
Hot water and clean drinking water.

What Should I Do if My Heat Is Broken?

If your heat is not working during cold weather, follow these steps:

Contact your landlord using your usual method of contact (phone, text, email, online portal, etc.)
Follow up with your landlord by writing a letter describing the problem.
Send it via certified or registered mail.

Before Writing the Letter:

Make sure you have all the necessary evidence to support your complaint.

Record your indoor temperature.
Note the date and time.
Include this information in the letter demanding repairs.
Indicate that you will take action if the heat is not fixed within a reasonable period of time.

Tips for Asking Your Landlord for Repairs

Before you escalate the situation, exhaust these tips that might push your landlord to fix your problem.

Be Detailed About Repair Problems (And Document It!)	Keeping documentation about the repairs and your contact with your landlord is more for your own safety and protection in case problems aren't resolved, and you must take them to court. However, being detailed in your repair notice helps the landlord understand the problem entirely so that they can take care of it as soon as possible.
Make Sure the Repair IS Your Landlord's Responsibility First	Damages like a broken radiator that you broke are on you to repair before you move. Only repairs due to normal wear and tear in the rental unit are up to the landlord to take care of for you. Try not to send a letter about repairs you must make.
Give Your Landlord Time to Respond	Unless the repair is a case of emergency, give your landlord some time to respond to your notice before taking serious action. More often than not, they will fix the repair — they just need to make time in their busy schedules to do it.

How Do I Proceed if My Landlord Does Not Make the Repair?

Many states consider a broken heater during winter an emergency that should be addressed as soon as possible. City and state laws might specify actual repair timelines. In Chicago, heat must be fixed within 72 hours of written notice receipt. Check local laws to determine if a specific timeline applies to your locale.

If your heat is not repaired within a reasonable timeframe, consider:

1. Repair and Deduct

This strategy is allowed in most states. If you are willing and able, you may arrange for the repairs yourself. Once completed, simply subtract the cost of the repair from your next rental payment. This gives you the benefit of having the heat fixed at your convenience at (ultimately) no cost to you.

2. Rent Withholding

It is legal in some states to refuse to pay rent until repairs are made. This technique has some ugly consequences, however:

You may be suffering from no heat for quite a while
If you do not follow the law precisely, you could be legally evicted and the eviction will be on your record in the future

3. Claim Constructive Eviction

The use of this technique allows you to move out and not be required to make rent payments. As with rent withholding, however, this is a tricky legal action that may result in your eviction if not executed properly.

You can also complain about your landlord to the proper authority boards.

Is There Some Simpler Way to Handle a Landlord Who Will Not Make Repairs?

Dealing with renters' rights issues can be tricky and time-consuming. A handy alternative is DoNotPay. Our product can simplify the entire process, and we are confident you will find it to be:

Quick - You will not need to spend hours attempting to solve this problem.
Easy - No struggling to fill out long, tedious forms or keep track of multiple steps.
Successful - You may rest assured we will make the best case for you.

How to Send/Create/Make a Repair Notice To/for a Landlord With DoNotPay

DoNotPay is here to guide you through this hassle and file your disputes on your behalf. Our Landlord Protection product can help you resolve disputes regarding repairs with your landlord:

1. Search for and open the Landlord Protection product on DoNotPay.

2. Select which issue applies to you.

3. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.

4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

And that's it! You should hear back from your landlord directly once your demands are sent.

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What Else Can DoNotPay Do?

DoNotPay can give you an easy, automated way to help with a wide list of problems. We offer many additional products to help simplify your life, including (but not limited to):

Our products can supply you with easy, automated ways to deal with the troubles of an uncooperative landlord, and they can certainly help with other tedious and annoying tasks we encounter in life. Let us help!