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12-11-2006, 10:00 PM
When the Heat Is On, but You Can't Feel It

By Sara Gebhardt
Saturday, November 11, 2006; Page T09

Q: I live on the third floor of an old townhouse, and it is getting pretty nippy up there. I thought it was because the heat had not yet been turned on in the building, but the downstairs neighbor told me it has been on for a while. He also said the top apartment has been notoriously cold in the winter and that the only way to reach a comfortable temperature is to crank the heat so high that the other apartments get swelteringly hot.

Is this something that I can get my landlord to take care of? I don't want to spend the next few months wearing four layers at home. How should I approach the issue? --Washington

A: A lot of people feel your pain, as they have grown used to wearing layers of sweaters and wool socks to feel comfortable in their apartments. And then there are those whose apartments are too hot, which may seem like a better problem to have until you find yourself in beach attire, sweating profusely as an overactive radiator screams, bangs and hisses in the middle of cold winter weather.

This is life in many older buildings with outdated radiator heat systems, which remain in place because they are expensive to replace. Buildings big and small can have heating and cooling discrepancies. Modern high-rises are not immune, either.

No matter which kind of rental unit you live in, talking to your landlord is the only way to deal with this problem, because your landlord is the one who is controlling the temperature.

Typically, your landlord, building engineers or other professionals can analyze the problem, make adjustments to vents and radiator valves and help you come up with a way to take off the chill.

Your landlord is obligated to help. Although tenants do not have much power in the decisions landlords make about temperature control, landlords must follow minimum standards for heating set by local laws. In the District, for example, landlords with building-wide temperature control must keep their apartment units at a minimum 68 degrees between 6:30 a.m. and 11:00 p.m., and at a minimum 65 degrees the rest of the time.

If there is any question that the heat regularly falls below the required minimum, approach your landlord with a polite phone call. It would not hurt to put your request in writing, too. Schedule a time for him to come by and test the temperature. Understand that you will have to remain flexible, though, because it may be impossible to get the temperature in your apartment exactly right.

Providing adequate heat for all residents is often a matter of guesswork and adjustments in buildings with old radiator systems. That's why so many people have the flip side of your problem -- often the landlord's solution is to crank up the heat so nobody is cold. It turns out this is much cheaper than replacing entire heating systems.

I have nine months to go on my lease. When I looked at the place during the day, everything seemed normal. But that changes once the sun goes down. After work I come home, lock the door and just pray nothing bad happens. Things are such a nightmare now (with loud music and domestic yelling) that some people just go out to their cars and try to sleep. Last week someone scattered nails around the parking lot -- causing me to buy two new tires. Someone even tried to get into my mailbox using a twig that broke off and wedged itself nicely in the keyhole. It will cost me $5,000 to break my lease. It will break the bank for me, but I don't know how much longer I can stand this. Are there any options? Also, if I do break the lease, will that show up as a big negative when I apply for another apartment? -- Spotsylvania

This is why apartment hunters need to spend time at prospective apartment buildings both day and night to acquaint themselves with the community and neighborhood. Since you're already there, however, you must deal with the situation, especially if things are so dire that people are sleeping in their cars.

If there are serious problems in your community, ask the apartment management and the local police for help. They may be able to help curb the noise and vandalism and make life more relaxed for you and your neighbors.

When the Heat Is On, but You Can't Feel It
Without giving your landlord the opportunity to address your complaints, you will have little chance of avoiding the high penalty for breaking the lease. So, talk to your landlord. If he cannot keep the community safe and quiet, then you may be able to persuade him to waive or reduce the penalty for breaking the lease. If not, you will have documented your attempts to resolve the situation, which may serve you well if you ever end up in court.

You can try to negotiate with your landlord in other ways, too. Suggest helping find a replacement tenant, and perhaps your landlord will cut you a break. Or if you move to another of the landlord's properties, that might get you out of the fee.

If you manage to leave your property without animosity, either by paying the big sum or by amicably making another deal, then you should have no problem renting in the future. Your landlord will be your most recent reference, which is why you want to handle the situation with as little hostility as possible.

Other than that, if you explain to prospective landlords why you broke the lease, you should have no problem finding another place to live. Just remember to do a more thorough job of checking out your next place.


Do you have questions, comments or ideas about apartment life? Contact Sara Gebhardt via e-mail at aptlife@gmail.comor by mail, c/o Real Estate Editor, The Washington Post, 1150 15th St. NW, Washington, D.C. 20071.