If Landlord Doesn't Fix Radiator, Turn Up the Heat by Going to the County

Q I live in a rowhouse where the heating system is obsolete. We've actually hit some records in the past few days. It's been consistently around 90 degrees in the entire apartment and over 95 in the bathroom. My fiancee's makeup is starting to melt!

The valves on the old radiator are turned off, yet heat is still coming through. I've asked maintenance and the landlord several times if they could take care of it, but nothing is being done. I've opened the windows and am running the air conditioning so that it stays livable. Does the law require the landlord to take action and fix radiators? I know there are laws about the temperature dropping below a certain point, but is there anything the other way around? -- Baltimore

AFiddling with hot radiators is dangerous. You are not a heating technician, and you should not be expected to handle this matter on your own. Your landlord needs to address this. Running air conditioning in the winter is a sign that repair is way past due.

If you have not written a letter of complaint to your landlord and given him 30 days to remedy the situation, do so. If that doesn't work, seek help from your local housing agency.

Housing offices usually deal with people whose landlords are freezing them out, but your local office will hear your complaint.

Because there is no set maximum amount of heat, your landlord is not exactly violating a housing-code regulation, said Richard Doran, executive director of Baltimore Neighborhoods Inc., a nonprofit organization that provides landlord-tenant counseling to Maryland residents. "Housing code enforcement will only cite the landlord for the lack of heat, not for excessive heat," Doran said. "But it's going to boil down to the quiet-enjoyment law," he said.

The quiet-enjoyment covenant states that tenants have the right to fully enjoy their premises. It is usually applied to excessive noise issues, but it also covers any other interference of full enjoyment of the property, Doran said.

Protocol for complaining about quiet enjoyment requires that you give your landlord 30 days to fix the radiator. After that, if your landlord does not remedy the problem, you can file a civil suit against him.

If you would like more immediate action, the Consumer Protection Division of the Maryland attorney general's office (200 St. Paul Place, Baltimore, MD 21202; 410-528-8662) can handle your complaint.

You can mail a letter requesting help. However, the best way to reach the staff there at this time of year is by faxing a letter of complaint to 410-577-7040. Write on your cover sheet that you are in urgent need of assistance and hope that someone can contact your landlord the day they receive the complaint. Include your name and contact information, as well as your landlord's.

Having authorities check into this matter should inspire your landlord to act.

My boyfriend and I rent a single-family home from a private landlord. We have had nothing but problems with our house and landlord since we moved in April. After moving in, we discovered huge rattlesnakes. My 8-month-old puppy was attacked not even a week after moving in. That cost us $2,000.