Landlord Question and Answer Forum

I recently have bought, rehabbed and rented a three bedroom apartment in a 100 year old duplex. The unit is three floors and has radiator heat. One month ago before the tenants moved in I"bleed" the radiators to ensure their efficency, though I did notice that some of the units do not get scolding hot. I did use the heat for a short time last March and don't remember warmth being an issue. The tenants are complaining that some of the radiators don't work at all, which I believe is their reaction to some of the units not getting as hot as others. Their last months rent is still not satisfied and I've made the mistake of fixing issues (cutting back branches that were growing too close to a bay window, replacing two windows because they didn't open and shut with ease) before securing this. I certainly want to provide the unit with proper heating but is how warm the unit gets an individual bias? How do I determine what is my responsibility and what is their responsability in weather proofing their unit? I would appreciate any guidance.

It's your responsibility to provide working heat. What exactly that means would be up to the judge, if you and the tenants went to court over it. Personally, I'd make sure that every room in the house heats to at least 75 degrees, without running an absurdly high heating bill. If it does that, and you can prove it, I think you have a defensible position.

Posted by Ralph F, CA on Monday, November 22, 2010

In, PA the landlord is required to maintain the rental unit and the services that are vital to the life, health and safety of the tenant so that the unit you are renting is at all times habitable. By entering into a contract with the landlord, the tenant is automatically given an assurance, a warranty that the premises are in safe and habitable condition and that they will be maintained so during tenancy. This is called the "warranty of habitability". The warranty of habitability is a tenant's unwaivable right and the tenant has certain remedies available when the landlord is in breach of the warranty of habitability. Landlord must comply with the building and property maintenance code of the locality where the rental property is situated (in Philadelphia - the Property Maintenance Code issued by the City of Philadelphia Licenses and Inspections or in Harrisburg.....Landlords must provide heat between October 1st and May 15th at a minimum of 65° between 6:30 AM and 10:30 PM; 60° during the night and when the temperature is below 0° unless otherwise provided by lease .

Posted by Denise S, PA on Monday, November 22, 2010