Landlady stingy with heat for my apt.

[RightSide]

With the local weather forecast predicting the first cold snap of the season this week, I went to ask my landlady when the heat would be turned on in the building. 

She replied that the heat is never turned off, it's just that it won't work until the outside temperature falls below 55 degrees F.

Well, I've heard that same cover story for the past two or three years now.  And it's just false.   I talked to one of the maintenance staff, who said that they really do turn off the heat until some time in October.

I have to live in cold weather with no heat until enough of the other tenants start complaining, at which point they call a plumber who invariably finds out that the heat isn't working or that it was never turned on.  So I go through this kabuki dance with my landlady, every damn autumn.  With all my health conditions (kidney disease is just one of them), I don't need to shiver in a chilly apartment.

I really wish they would stop conning me.   Obviously they just don't want to turn on the heat (which costs money) until they absolutely have no choice.  No heat in October could lead to hypothermia, here in northern Massachusetts USA.

I've never handled this type of dispute before, and I wonder if anyone has any good suggestions.
 

[Desert Dancer]

A super-quick Google of 'landlord tenant Massachusetts' yielded this gem:

Heat: Landlords must provide a heating system for each apartment or one system that services all apartments in good working order. The landlord must pay for the fuel to provide heat and hot water and electricity unless the written rental agreement states that the tenant must pay for these. The heating season runs from September 16 through June 14th, during which every room must be heated to between 68˚F and not more than 78˚F between 7:00 a.m. to 11:00 p.m., and at least 64˚F at all other hours.

Pretty darned specific, eh?

That's from Mass.gov Office of Consumer Affairs and Business Regulation:
http://www.mass.gov/Eoca/docs/LandlordRights.pdf

Perhaps your landlady needs to be reminded of her legal obligations to her tenants. I'd probably show this to her and if that doesn't work, the State Agency at the link would likely be the one to contact.

Here's the actual law from the Department of Public Health, if you want to cite chapter and verse:

1/26/07 105 CMR - 1622

410.201: Temperature Requirements

The owner shall provide heat in every habitable room and every room containing a toilet, shower, or bathtub to at least 68°F (20° C) between 7:00 A.M. and 11:00 P.M. and at least 64°F (17° C) between 11:01 P.M. and 6:59 A.M. every day other than during the period from June 15th to September 15th, both inclusive, in each year except and to the extent the occupant is required to provide the fuel under a written letting agreement. The temperature shall at no time exceed 78°F (25° C) during the heating season. The temperature may be read and the requirement shall be met at a height of five feet above floor level on a wall any point more than five feet from the exterior wall. The number of days per year during which heat must be provided in accordance with 105 CMR 410.000 may be increased or decreased through a variance granted in accordance with the provisions of 105 CMR 410.840 notwithstanding the prohibitions of the first clause of the first sentence of 105 CMR 410.840(A).

And the link to that is:

http://www.mass.gov/Eeohhs2/docs/dph/regs/105cmr410.pdf

[CebuShan]

That's great, Desert Dancer!
We were in the '30's last night here in IL. Our agreement is that we provide the heat. Not a problem except my husband hasn't turned the furnace back on yet. He was freezing this am so I think he will do it when he gets home tonight.
Good luck with your landlord, RightSide. I lived in CA for many years and never really had a problem with the heat. I did have a landlord whose own apartment was soo nasty, filthy that I discovered he was entering my apartment to use the shower!   

[Lindia]

Do you have to pay your own electric bill ?    I'd be really tempted to pick up a baseboard heater or something, just to tide me over, if I could afford it.    Occasionally,  I have run the oven for several hours, roasting a chicken, etc -  and then left the door open for awhile -  (I kept an eye on it).   But thats not something you'd want to do everyday.  It looks like she should be turning it on tomorrow according to Mass. state law       to  BAD LANDLORDS ! !    (I've never had one try to pull what she's pulling)

[Jean]

Do you by any chance live in a HUD building that is old? Are your utilites included in your rent?

[sullidog]

Yes, I agree, I'd pick up a portible heater to hold you over. I got one myself because my roomate likes it cold, it's called a fan heater, it's shaped like a fan but it heats, I found it on amazon.
Your land lady doesn't need to know you have it either.

[Marina]

My  apt  building  was  built  in the  1920's  so  no   insulation  was  used.   My  apt  is  cold  all yr  round.      During  winter  I  walk  in  hear  and  feels  like a     walk in  fridge.          I bought  myself  a  "tower  heater"       It  works  rather  well.   It  shuts  off  when the  room  gets  to  the  desire  temp.
I  got it  for  under  $50.00.

[Desert Dancer]

What does it say about me that I break out the legal statutes and everyone else is like, "Oh, buy a space heater"? 

[Jean]

hahaha, Desert Dancer, it says you are thorough!!!

[RightSide]

What does it say about me that I break out the legal statutes and everyone else is like, "Oh, buy a space heater"? 

This reminds me of another similar problem I saw on another health forum:

This woman was complaining that the antidepressants she's on have severely impaired her libido.  She said, "It's gotten so bad that I actually burned out the batteries on my vibrator without getting aroused.  What do you think I should do?"

Someone replied, "Switch to rechargeable batteries."

Anyway, I'm glad to report that thanks to my pestering my landlady, the heating problem has been corrected.  Thanks to me, I think my building is the only one in our apartment complex that had heat last night.  (Which is good, because temps went down to 39 F.)

But having a space heater is a good idea as well, and I now have one of those too.

Thanks to all who responded.

[jbeany]

What does it say about me that I break out the legal statutes and everyone else is like, "Oh, buy a space heater"? 

That you beat me to it!  I would have looked up the same info.  I've dealt with a lot of low-income housing abuses when I volunteered at the court house, and some landlords just figure they can get away with it because most of their lower-income tenants are not aware there are rules governing the landlords.  Makes me grind my teeth.