Example
The only heat in an apartment fails in January 2026. The tenant tells the landlord in writing on January 5; by January 25 nothing has been done and the rooms sit in the 40s. The tenant moves out on February 1 and stops paying the $1,600 rent. If the landlord later sues for the rest of the lease, the tenant can raise constructive eviction as a defense, backed by the dated letter and photos of the thermostat.
In a lease it looks like…
Landlord shall maintain the heating, plumbing and electrical systems in good working order. Tenant shall notify Landlord in writing of any failure, and Landlord shall make repairs within a reasonable time.
Good to know
Tenants usually must give the landlord notice and a reasonable chance to fix things, and must actually leave within a reasonable time. A tenant who stays on is limited to other remedies, such as rent escrow or repair and deduct, where the state allows them.
Plain English, not legal advice. Last reviewed September 29, 2026.