Real estate Q&A: Does landlord need to provide heat?
Q: We recently moved into a new rental with three window air conditioning units and no heater. We asked what we would do for heat this winter and were told that we would need to buy a portable heater. Isn't that something the landlord must provide?
Q: We recently moved into a new rental with three window air conditioning units and no heater. We asked what we would do for heat this winter and were told that we would need to buy a portable heater. Isn't that something the landlord must provide?
-- Rita
A: The first step is to check your lease. If the lease is silent on this issue, it will depend on what type of home that you have.
You must provide your own heat if you live in a single-family home or duplex. But your landlord needs to make sure the home is compliant with all local building and housing rules, so check the Internet for your city and county. Your landlord must keep the plumbing, roof, windows, doors, floors, steps, porches, exterior walls, foundations and all other structural components in good working order. Working smoke detectors also must also be provided.
If you live in a townhome or another type of residence, your landlord must provide all of the above, plus pest control, locks and keys, running and hot water, clean and safe common areas, facilities for garbage removal and, yes, a heater.
If your landlord does not follow the lease or these rules, you may be able to get out of the lease by following the procedures outlined in the state statutes. Generally, though, a good landlord appreciates a responsible tenant and probably will go above and beyond to keep you happy and in place.
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ABOUT THE WRITER
Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He is the chairperson of the Real Estate Section of the Broward County Bar Association and is an adjunct professor for the Nova Southeastern University Paralegal Studies program. Send him questions online at http://sunsent.nl/mR20t7 or follow him on Twitter @GarySingerLaw.
The information and materials in this column are provided for general informational purposes only and are not intended to be legal advice. No attorney-client relationship is formed. Nothing in this column is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction.
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