No heat in unit for all of winter...next steps? PLEASE HELP!

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jlmc86

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In October 2010 we notified our Property Management that our heat was unsafe to operate. My fiance is a HVAC Technician and was given permission by the Property Management to take a look at the unit when we first moved in. Upon doing so he found that the unit had what is referred to as a cracked heat exchanger. This causes carbon monoxide to leak into the ducts if the system is ran, therefore being unsafe.

This was explained to the Property Management and they said they would get some bids together and present to the land lord to get it taken care of. Every week we had to call for an update but no one knew what we were talking about. Also every time we've gone into pay rent we have addressed the issue again. Always getting brushed off.

I then e-mailed the manager of the property management group explaining my frustration as it had been 3 months since we have had heat, and its has been freezing, and has been making me sick off and on. At this time he called and apologized and said he would send someone out for a bid for a new unit, as they hadn't done that yet. This was in January, we are approaching the end of February and still have yet to have heat or even an answer as to when we will from our property management group.

We went and bought a space heater that we take from room to room to warm up so keep us somewhat warm, but don't feel safe to leave it on all night while we sleep so we just freeze.

We are trying to pay for a wedding, and don't want to loose out on our security deposit by breaking the lease, as we really need the money. Our lease isn't up until April.

If we break the lease are we entitled to our security deposit based on the circumstances? Also is it safe to NOT pay rent until this gets fixed? We have been paying rent as we didn't want to be negligent, but our patients has worn thin as I am now sick yet again.

Any advice would be welcomed. PLEASE!!!
 
You can pay your rent to the clerk of courts at your local court house, explaining the problem. They will hold the rent until the problem is addressed and it will not be held as non payment with your property management. Present the receipt to the property management and explain to them that they will get the rent money from the clerk of courts when the problem is fixed.
 
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