Having the landlord shut off your heat is not ideal for your personal comfort.  It could also mean a cold hard settlement to you as the tenant.  While air conditioning is optional for landlords to offer, renters are entitled to live in units with water, electricity, garbage service, elevators (where appropriate), refrigeration, gas (where appropriate), and heat.

Defense attorneys have a term for landlords who shut off the heat on a tenant:  payday.  If a landlord tries to “teach” a lesson to a tenant by turning off the lights, water, or heat, that landlord could be liable for damages or 3 months’ rent (whichever is greater) for improper eviction.  Renters in possession have rights…even if they have not paid the rent.

Message to landlords:  Keep the heat on and follow the proper procedure for tenant eviction.  More information is available free online at http://www.rustylaw.com/wp-content/uploads/2011/10/Evictions.pdf . You can also read the entire Landlord/Tenant statute at http://www.rustylaw.com/wp-content/uploads/2011/10/Chapter83.pdf .

The good news is that the courthouse has heat and air condition for whatever legal issue you have to weather.