# Question 43: The Furnace and the March Rent

## Your role

You represent Sora Bell, a residential tenant in the fictional State of Ventor. Her furnace failed during cold weather, the landlord did not act, and a licensed contractor can repair it today. Sora wants to know whether she may repair and deduct, withhold all rent, or move out.

## Governing law

Assume the following Ventor rules apply:

1. A landlord must maintain heat, plumbing, electricity, weather protection, and other conditions necessary for a safe and habitable dwelling.

2. A tenant must give written notice identifying the condition and allow a reasonable opportunity to repair. For complete loss of heat when interior temperature is below 55 degrees, 48 hours after confirmed notice is a reasonable opportunity absent circumstances beyond the landlord's control.

3. After that period, the tenant may arrange a necessary repair by a licensed contractor and deduct the lesser of the reasonable actual cost or one month's rent. The remedy may be used once in any 12-month period.

4. The tenant must give the landlord the invoice and proof of payment with the rent statement. Any rent above the lawful deduction remains due on time.

5. The tenant may not withhold all rent unless a court has ordered escrow or the tenant has lawfully terminated the tenancy under a separate rule. Repair-and-deduct does not itself authorize total withholding.

6. A landlord is not responsible for a condition caused by the tenant's deliberate or negligent misuse. The landlord bears the burden when asserting tenant causation after receiving notice of an essential-service failure.

7. A tenant may recover reasonable temporary-housing expense caused by an uncorrected habitability breach after notice, but such damages may not be deducted from rent unless the landlord agrees or a court awards them.

8. Retaliatory eviction or rent increase within 90 days after a good-faith habitability complaint is presumed retaliatory unless the landlord proves an independent reason.

9. A tenant should preserve notices, temperature records, photographs, contractor findings, invoices, and payment proof.

## Facts

Sora's monthly rent is $1,650. She has not used repair-and-deduct during the past 12 months.

At 7:00 a.m. Monday, the furnace stopped working. Indoor temperatures fell to 49 degrees. Sora sent notice through the lease portal and by certified email at 8:10 a.m. Both systems confirmed delivery. She described the temperature and asked for emergency repair.

The property manager replied at 10:00 a.m.:

> "We will put it on the list. Do not hire anyone yourself."

No technician came Monday or Tuesday. The weather remained cold, and Sora stayed two nights at a modest hotel for $260 total. She sent photographs of a thermometer and a second written demand Tuesday afternoon.

At 9:00 a.m. Wednesday, more than 48 hours after confirmed notice, a licensed heating contractor inspected the furnace. The contractor found a cracked ignition control caused by age, not filter neglect or tenant misuse. The contractor gives a written fixed quote of $1,400, reasonable for the area, and can complete the repair today.

The landlord now claims Sora probably failed to replace the filter, but has no inspection or other evidence. March rent is due Friday. Sora asks whether she may deduct the $1,400 repair and $260 hotel charge, pay nothing, or terminate immediately.

## Assignment

Counsel Sora on:

* Habitability and adequacy of notice.
* Whether the 48-hour opportunity expired.
* The landlord's causation defense.
* Whether Sora may authorize the $1,400 repair.
* The exact rent amount due after a lawful deduction.
* Treatment of the $260 hotel expense.
* Why withholding all rent is or is not permitted.
* Documentation and notice to send with rent.
* Retaliation protection.
* The concrete action Sora should take today and on Friday.

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