Q My sister and her family rented a duplex apartment, but one month after moving in, the furnace died and there was no heat.
She has five kids and the landlord told her that he would get them a couple of electric heaters. When she received her utility bill, it was very high and she couldn't afford to pay it.
Should my sister's landlord pay half of the bill since he told them that the only thing they are responsible for is rent and electricity?
A There is no clear-cut answer, but it does seem as though the landlord changed the terms of the lease by changing from the furnace, which he paid, to electric heat, which your sister paid. In addition, there may be safety issues resulting from electric heaters around young children.
Your sister has three options. The first is to go to the landlord to see if something can be worked out; maybe the landlord can pay the difference above the last electric bill prior to the change to electric heat.
The second would be to call a housing inspector to see if the heaters comply with the housing code.
If the landlord won't agree, or your sister cannot work out a reasonable solution after contacting the housing authorities, her only real option is to pursue the matter in housing court as a rent escrow action.
They have forms your sister can fill out, and the court can determine an equitable solution. She should remember that she has to write a letter to the landlord asking that he fix the problem at least 14 days prior to filing the rent escrow action.
