In Connecticut, landlords are legally required to keep the apartment and building in a clean, safe, and habitable condition. This includes providing heat, hot and cold running water, and functioning plumbing and electrical systems. Landlords must also comply with all applicable housing and health codes, maintain common areas, and address pest infestations. As a tenant, you should report any repairs that are necessary to your landlord promptly. If the landlord does not make those repairs, you may have legal remedies, such as filing a court case and having the court hold the rent while the landlord makes repairs. However, what if it is the middle of winter and you have no heat?
Now that summer is over and we are heading into the colder months of the year, all tenants should be aware of an important law that protects tenants during cold weather. Connecticut General Statutes § 19a-109 may seem confusing, but it is important to know how it helps you and how it can force the landlord to fix any heating issues you may have in your apartment. Listed below are some of the more relevant parts of CGS § 19a-109 for you to review:
“When any building or part thereof is occupied as a home or place of residence or as an office or place of business, either mercantile or otherwise, a temperature of less than sixty-five degrees Fahrenheit in such building or part thereof shall, for the purpose of this section, be deemed injurious to the health of the occupants thereof…. The owner of any building or the agent of such owner having charge of such property, … who, wilfully and intentionally, fails to furnish such heat to the degrees herein provided, … and thereby interferes with the comfortable or quiet enjoyment of the premises, at any time when the same are necessary to the proper or customary use of such building or part thereof, shall be guilty of a class D misdemeanor.”
Basically, after you have notified your landlord or property manager that the temperature in your home is less than 65 degrees, then they must do something to fix this problem. If they do not make any attempt to fix this problem, it is a violation of CGS § 19a-109 and is considered a misdemeanor. If you have already told the landlord or property manager that it is too cold in your apartment and they refuse to make repairs, you can call the police and report this problem. The police will contact your landlord to at least make an emergency repair, but they must fix the main problem.
Although a landlord will immediately provide a space heater to keep you and your family warm, this is only a temporary solution. It is possible that the landlord has to repair or replace broken windows which may fix the problem. Sometimes, a landlord may even have to replace the heating system in your house or apartment buildings. It is also important to notify your town’s housing or building code inspectors because they will also make sure the landlord makes the required repairs.
If you find yourself with no heat in your apartment this winter, please remember to:
(1) Inform the landlord or property manager that you have no heat and give them a chance to make repairs.
(2) If the landlord does not act quickly, you should file a complaint with the city building or housing code inspectors.
(3) In case of extreme cold, call the police to make a complaint about having no heat and let police know that it is a violation of CGS § 19a-109.
(4) If the landlord tries to evict you, please contact the SLS Hotline at 800-453-3320 for additional advice.