Walk It Through: The Furnace in January
Heat that will not hold 68 degrees, a written notice, 14 days, and heating fuel bought by the tenant.
The lease includes heat. In January the apartment stays cold even with the thermostat up.
Two things a person in this spot might do. Picking one shows what the law says about it.
A tenant current on rent in a building with more than 5 units. A habitability lawsuit in court is the other route and is on its own page.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Warranty of habitabilityThe landlord's promise, in every rental agreement written or spoken, that the unit is fit for human habitation.
- Forcible entry and detainerThe court case a landlord brings to remove a tenant, served like any civil case with the court's form notice, ending in a writ of possession if the landlord wins.
- Presumption of retaliationThe rule that an eviction filed within 6 months after a tenant asserted certain rights or complained is presumed retaliatory, and no writ issues unless the landlord rebuts it.
- Writ of possessionThe court's order, issued seven calendar days after judgment, that a sheriff or constable serves to remove the tenant.