How to Get Help from Pine Tree

Offices

Priorities

Funding

Eligibility

Annual Report

How Much Heat Does My Landlord Have to Provide?

---

Are you having trouble getting your landlord to provide enough heat? Here is what Maine law says.

If your landlord has agreed to provide heat, he has broken the law if:

The temperature in your house or apartment is so low that it "injures the health" of anyone living there. (This rule does not apply to someone who "suffers from abnormal medical conditions," that is, someone who is so sick that he cannot stay healthy with a normal amount of heat.) The heating system is not able to heat the unit to at least 68 degrees when it is down to 20 degrees outside. You can test this by setting a thermometer at least 3 feet away from an outside wall and about 5 feet above the floor. (The reading doesn't count if it is closer to the wall or floor.) The heating system doesn't keep the building's systems (like water pipes) from freezing up.

These are the minimum state standards. Your city may have stricter rules. To find out, call your city code enforcement office. (Smaller towns are less likely to have their own rules.)

If your landlord has broken any of these three rules, here's what to do:

Click here to get a printer-friendly .pdf pamphlet version.  If you need help, click here.

• Talk to your landlord, explain the problem and ask him to fix it.



• If that doesn't work, make your complaint in writing. Keep a copy of your letter. Hand the letter to your landlord, or send it certified mail, return receipt requested, so that you have written proof that he got it.



• Contact your local code enforcement officer. Ask him to inspect your home and to send a notice to the landlord, telling him to fix the problem.



• If the problem can be fixed with a minor repair, follow the steps for "Repair and Deduct".



• If none of these steps works, or if you have questions about any of this, call Pine Tree Legal Assistance.

Can my town or city do anything to help me?

If your landlord hasn't been providing heat during the heating season, a Maine law passed in 2009 may also help you. This law allows cities and towns to provide heating fuel and furnace repairs to tenants in certain situations. This does not require a city or town to help tenants, but allows them to do so.

To qualify for heating fuel from the town:

• You must be out of, or almost out of, heating fuel.



• Town officers must decide that the lack of fuel makes living in the housing dangerous.



• The town officers must try to contact the landlord about:


1. Their decision that, without fuel, the housing could be unlivable
2. Their decision to provide heating fuel
3. Their intention to be paid back for their costs
4. The landlord's option to provide fuel and repairs by a certain time, to avoid the town's intervention.

If the landlord can't be contacted or if he doesn't provide for the delivery of fuel, the city or town may do so.

Contact your local code enforcement office, or town office, to find out if your town will help.

If the town ends up providing fuel, and any necessary repairs, it will have a lien against the landlord. This means that the town will have a legal "hold" over the property. The lien will be for the cost of the fuel and repairs, as well as other administrative costs.

Can I agree to less heat, in order to save on fuel?

A landlord is allowed to provide heat at less than 68 degrees Fahrenheit if he enters into an agreement with the tenant. The agreement must:

• be written in plain English, in at least 12-point type
• be separate from the lease
• be signed by both the landlord and the tenant
• state that the landlord and the tenant are free to cancel the agreement with reasonable notice
• set a minimum temperature (not lower than 62 degrees Fahrenheit)

This agreement is illegal and unenforceable if someone over 65 or under 5 years of age lives in the leased property.

The landlord is not responsible for a tenant who controls her own heat and chooses a temperature less than 68 degrees Fahrenheit.

Get a sample agreement here.

Warnings:

Read what the National Institutes of Health say about avoiding hypothermia - especially critical for older people

If you signed an written agreement that says you agree to a specific condition (like no furnace) in order to get a set amount taken off of your rent, then the landlord does not have to provide a furnace. Otherwise, your landlord must meet the heating standards.

Don't withhold payment of rent unless you are prepared to move. Your landlord may be able to evict you if you don't pay the rent. If you get an eviction notice, call Pine Tree Legal.

Read more about your landlord's "warranty of habitability" and how to enforce it in The Rights of Tenants in Maine.

Read more about the most recent heating assistance news.

Notice © Pine Tree Legal  Assistance September 2009 Sometimes the laws change. We cannot promise that this information is always up-to-date and correct.  If the date above is not this year, call us to see if there is an update. We provide this information as a public service.  It is not legal advice.  By sending you this information, we are not acting as your lawyer.  Always consult a lawyer, if you can, before taking legal action. Please review our full terms-of-use agreement

Help Us Help us make our site better. Fill out our questionnaire. It won't take long. Click here. Sorry, but we cannot respond to website requests for help. If you believe you have a legal problem we can help you with, call us.