Q: notice req. before we don't pay rent if landlord hasn't fixed heat upstairs?sent texts and in person contact for 1 year.
She gave us air conditioners for the summer, so she is aware
A: First, unless your written rental agreement expressly provides for it, text messages or email is NOT a lawful means of providing notice of habitability violations to a landlord (though if it is the routine practice of the parties, you may still have a waiver argument). Second, withholding rent in the right circumstances can be done but is tricky and unless you really know what you are doing, it is a good way to end up being evicted for failing to pay rent. You should review EVERYTHING with a local landlord-tenant attorney before going down that path unless you really want to gamble. IF you have had no heat for an extended period of time, you may be entitled to have been paying reduced rent and thus may have a refund coming, though how much depends upon many factors and ultimately is what ever you and the landlord agree or what a Judge or Jury decides. All in all, consider reviewing everything with an attorney before defiantly breaching your lease. Good luck.
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