Habitable Premises

• Tenants agree to pay the rent when due and to use the property in a reasonable manner. In return, the landlord must comply with several duties. Some are written in the lease agreement; others arise as a matter of law. Maintaining a habitable and safe living space is generally a duty imposed on landlords as a matter of law. The property must be safe for human habitation, and it must comply with all relevant health, safety and business codes. Availability of working and sufficient heat sources is one basic tenet of a habitable living space.
  
  

Heating and Repairs

• In general, the landlord must install and maintain a heating system that services each apartment. The heating system must be kept in good working order. State laws may vary regarding landlord/tenant obligations and paying for fuel. In Massachusetts, for example, the written lease agreement may require the tenant to pay costs for fuel, hot water or electricity associated with his particular heating system. If the heating system breaks down, the landlord must make repairs in a timely manner.
  
  

Heating Requirements

• State laws may also describe the heating requirements for the system. In Maine, for example, the heating system must be able to heat the unit to at least 68 degrees when it is 20 degrees Fahrenheit outside. Additionally, the heating system must be sufficient to prevent pipes from freezing and to ensure that other basic utilities in the apartment work. In Massachusetts, from September 16 through June 14th, the heating system must be able to keep a unit heated between 60 and 78 degrees during the morning, afternoon and evening; at night, the heating system must be able to keep the unit at 64 degrees.
  
  

Other Issues

• If a landlord does not provide adequate heating or otherwise comply with his duty to maintain a habitable living space, the tenant may be able to sue for damages. Additionally, tenants may be able to recover costs incurred to repair essential utilities when the landlord intentionally or negligently avoids his responsibilities. Recovering costs or damages may require legal action. Because of the legal nature of the landlord-tenant relationship, tenants should seek independent advice from a legal professional.