Legal Question in Real Estate Law in Pennsylvania
heating bill too high...could it be the landlords fault?
My fiance and I found our gas heating bill to be too high a few months ago. Since then we have covered the windows in plastic, put towels by the doors, and we have keep our thermostat at 60 degrees (expect for 3 hours when it is at 64 degrees). We just got a bill this month for almost 4 times more than two months ago. I have already contacted the company, but we would like my landlord to service the furnance, make sure that we aren't heating other apartments, etc. She claims that this was all done 7 years ago, and doesn't find it necessary. We are already freezing in the apartment, and we believe it to be uninhabitable. Can we either break our lease because the heating bill is almost as much as rent, or can we legally force her to fix the building? We just don't know what are options are, but we cannot afford to there anymore.
3 Answers from Attorneys
Re: heating bill too high...could it be the landlords fault?
If the landlord refuses to call for a service visit you can and deduct the cost from your rent.If the landlord sues for non-payment make sure you have your receipts and any reports generated. If you lose you will be out the amount of the visit.
Re: heating bill too high...could it be the landlords fault?
I respectfully disagree with other legal counsel's recommendation. In order to break your lease you need independant proof that your apartment is not habitable. I suggest you call the Board of Health to verify the condition. In addition, before you deduct any money from your rent you should seek advice from competent legal counsel. You are desirous of breaking your lease. If your landlord is willing you can be released from the lease. A threatening letter from an attorney plus proof the property is not habitable might achieve the result you desire. If you have proof you may with legal counsel's assistance refuse to pay the rent by placing it in escrow. Please do not take any action that might invite a law suit without advice by someone who evaluates all the facts Gerald Hershenson Esq. 215-579-9390
Re: heating bill too high...could it be the landlords fault?
Please be advised that you should not withhold any rent or monies until you discuss this matter in detail with an attorney. You may be able to break your lease, but the easiest least cost effective means for doing so if by having your attorney work out an agreement with your landlord. In the interim I would recommend looking for another apartment and documenting everything that has transpired between yourself and your landlord.
My office offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenAttorneys.com or by calling my office at 412.731.0865.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law
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