How To Prepare For Heating Season As A Landlord.

WHAT IS THE LANDLORD’S REQUIREMENT FOR HEATING IN RENTAL PROPERTIES?

Know The Law And Plan Ahead To Avoid Unnecessary Conflicts

Say what you want about the weather over the last couple years…it still gets frigidly cold at times during the winter. Ensuring tenants have a comfortable place to live is a successful landlord’s top responsibility and making sure the heat is on when that arctic air comes to town is critical to avoiding unnecessary issues and conflicts. But what is the guidance and what are some BEST PRACTICES to help avoid getting into hot water in the cold winter months?

THE BASICS: Knowing The Law

The guidance is pretty straight forward in most states and as is our common practice, we’ll use Rhode Island to anchor the conversation as that is where our headquarters and original office are located. Rhode Island state law mandates that an average minimum temperature of 68 be maintained in all rental properties from October 1 to May 1 of each year. Notice the use of the word average: a bedroom might be at 65 degrees and a living room comfortably at 71, for an average of 68. Typically there isn’t much nuance to this as it is the landlord’s responsibility to ensure tenants can raise their heat to those levels and that those levels can be met. That being said, issues certainly do arise, much more often than they should, and more often than not the conflicts that ensue could’ve been avoided.

[ THE RHODE ISLAND LANDLORD-TENANT HANDBOOK ]

[ MASSACHUSETTS GUIDE TO LANDLORD/TENANT RIGHTS ]

[ RIGHTS AND RESPONSIBILITIES OF LANDLORDS AND TENANTS IN CT ]

[ Learn More: ARE YOU AN ACTIVE LANDLORD…OR MORE LIKE A SLUMLORD? ]

AN EXAMPLE OF WHERE RELATIONSHIPS CAN GET A LITTLE CHILLY:

One of our teams currently has a situation where a tenant feels the minimum heat is not being met. A Nexus Property Management® maintenance technician went out with a heat gun to assess and take some measurements. He found that the average heat was right around 67 degrees, when state law requires an average of 68. We, and our client, were in the wrong, but the solution wasn’t as clear cut as it might appear. The owner had installed a Navien Heating System, which is not a problem at all and some owners have been really happy with the product…but we can’t purge (or override) it and instead of being set for a specific temperature, it sets itself to a range, in this case 66-70 degrees…and ultimately it was resting at an average below state law.

Our technician promptly reached out to a Navien serviceperson but IT’S NEARLY IMPOSSIBLE TO GET PROMPT SERVICES FROM VENDORS since 2020. So they were of no immediate help (appointment set for several weeks out), then the tenant decided not to pay rent until it was fixed. It is not legal to withhold rent in this way and it is a violation of the lease agreement, so an eviction was filed and unfortunately we’re headed to court. Despite our best efforts to remedy the solution in the short term with space heaters, the tenant was unhappy and the law was on their side and ultimately we need to do better than temporary solutions.

[ Learn More: WHY YOU’RE LIKELY HAVING TROUBLE ATTRACTING A MAINTENANCE VENDOR ]

[ Learn More: HOW TO EVICT A TENANT IN RHODE ISLAND ]

BE PREPARED: HAVE A PLAN

The specific example described above is a tricky one where both parties want the same solution but are unable to get there in a timely manner which is obviously upsetting to the tenant. At the time of this writing, I’m not sure how new the heating system is, so it might be an exception, but the general BEST PRACTICE is to service your heating systems every “off-season”. It is nearly impossible to get heating specialists during the winter, unless it’s an emergency…so have your systems inspected in the spring or summer to decrease the need when the weather gets cold. Be proactive and preventative. It may cost you money up front, but if you think of it like “winter insurance”, it should be clear that this precautionary measure is well worth it each year.

[ Learn More: THE IMPORTANCE OF PROACTIVE MAINTENANCE IN RENTAL UNITS ]

NEXT STEPS:

Nexus and our maintenance experts recommend you first do your homework to find a reputable heating/plumbing service vendor in your area. Reaching out to them or leaving a message regarding setting up an appointment for the spring is your next step. If response time is somewhat delayed don’t be surprised. That being said, if a company now knows you’re interested in establishing a long term relationship that will include preventative measures, it wouldn’t be shocking if your name gets bumped up in terms of priorities should you have a more immediate need. Remember, establishing strong relationships is a key to effective management and showing a vendor you’re in it for the long haul can have definite advantages.

Reach out to our team directly if you have any questions or are interested in learning more about becoming a Nexus Property Management® client. With four offices currently open for business and franchise opportunities nationwide, Nexus is dedicated to Connecting You To Better Living® !

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Mick Lefort is the Vice President of Operations for Nexus Property Management®. A National Property Management Franchise that manages all types of rental property from single family homes or condos to large apartment buildings and complexes.

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