Breaking a lease because landlord failed to install furnace

Question: My sister would like to break her lease based on failure of her landlord to make certain improvements. My sister moved into a place that was being renovated with the impression that the landlord was going to put in a heater and a kitchen sink. After moving in and signing a 6 month lease, the landlord said he was not going to put in a furnace and never did put in a kitchen sink. She has been doing dishes in the bath tub. Anyways, she is moving and the land lord is refusing to return the security deposit. Is this legal if the lease states that he was going to install a furnace? There are 2 toddlers in this house. Can my sister break her lease?

Answer: In Ohio (many other states have similar statutory protections requiring the landlord to maintain appliances like furnaces), if the lease requires the landlord to install a new furnace, then the landlord’s failure to do so will entitle the tenant to the protections of Ohio Revised Code Section 5321.07 (one of which is to break her lease). In other words, the failure to install the new furnace would be treated as a failure to remedy defects at the apartment. A tenant should provide the landlord with written notice of the condition to be remedied (lack of furnace) and deliver it in a manner that she can prove that the landlord received the written notice. If the landlord does not resolve the problem within 30 days or within a reasonable amount of time (whichever is shorter) then the tenant can escrow rent with the local clerk of courts, sue to compel the landlord to remedy the problem, or terminate (break) the lease provided the problem warrants lease termination. I would also think that the tenant could sue the landlord for breach of lease and attempt to recover the difference between the rent she paid and the actual value of the apartment without a furnace and without a sink.

Learn about all the options you have for getting out of your lease here.

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