I am renting in the basement (converted into an apartment) of a house. The heating in the apt is not working properly, and despite several verbal complaints the landlady has not done anything about it. Instead she starts complaining about high heating bills that she will have to pay.
Last week I fell sick with cold, flu and fever and then she opened the partition separating the area leading down the steps from the house and into the basement, saying that it would provide sufficient heat. Unfortunately, it does not.
To make things worse she accused me of 'blowing the fuse' a few days ago when the power went out, not realizing that the whole of Burlington area was cut off from power.
I am know thinking of moving to another apt, only because I cannot stay in this apt without proper heating, esp during this winter time.
However, she has my security deposit of a whole one month's rent. I would like to know whether I can terminate our month-to-month lease with immediate effect, without a month's notice and still be able to get back the security deposit? What else would be the best solution to my problem?
Thank you.
Submitted by romi on Sat, 12/27/2008 - 20:57
Posted in

Editor's Response
I would suggest two things, and you can do them at the same time. Give a valid thirty day's notice to quit to start the termination of the tenancy at will. Also, contact your local housing inspector and ask them to verify that the heating is not sufficient and, therefor, a violation of the sanitary code. See our article on this subject in the Quick Information Library for a full discussion ("How can I Force my Landlord to Make Repairs").