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Updated about 6 years ago on . Most recent reply
![Sean Buruschkin's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/1181058/1621509942-avatar-seanb196.jpg?twic=v1/output=image/crop=253x253@0x43/cover=128x128&v=2)
Breaking the lease because rooms cannot be heated properly
I started a lease on 12/15/2018 and I am the tenant. It is a three-story home and rehabbed in 2018. I am the first tenant since it's been rehabbed. To give you full context, the home is located in a flood zone in Phoenixville, PA, which is Montgomery County. When the home was being rehabbed, the city did not allow the contractor to put any duct work below the second floor. On the first floor is a living room and kitchen and each have only one vent in the ceiling. The living room vent is located by the stairwell and the hot air essentially escapes up the stairs and the return vent is in the stairwell wall about 1 to 2 feet away from the living room vent. I've tried redirecting the air into the room but this has not helped. The kitchen vent is located above a cabinet. The cabinet has molding that directs the air straight into the ceiling. I have four thermometers spread out. One is on the kitchen counter, one resting on the thermostat, one on the coffee table, and one on the end table by the sofa. The thermostat itself, which is in the direct path of where I've been able to redirect the hot air, reads 68 degrees. The thermometer resting on the thermostat got as high as 67 degrees. The kitchen thermometer gets only to 61 degrees. The coffee table one gets to 62 degrees and the one near the sofa gets up to 59 degrees. Needless to say, it's very cold on the first floor.
An HVAC worker has been out twice to inspect this and make any necessary changes. It's an electric heat pump HVAC system. The system can be on for one to two hours at a time and then starts blowing out air colder than air conditioning in the summer. I have woken up multiple times in the early morning hours to the system blowing really cold air. Everything I am reading about electric heat pumps suggests they are designed for southern United States climates where the winters are mild and outside temperatures typically do not drop below 40 degrees.
Are these grounds to work with the landlord to break the lease because there are rooms that cannot be heated to necessary minimum temperatures?
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![John Underwood's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/184593/1683201988-avatar-john05261.jpg?twic=v1/output=image/crop=658x658@0x1/cover=128x128&v=2)
@Sean Buruschkin I would send the Landlord a 30 day notice to cure. Send it via email or registered mail so you have proof that you sent it. But first call talk to the landlord. Explain the situation tell him you know he is trying but you are still having major issues with the HVAC. Tell him you will followup with an email. Give him one more chance but let him know that it is up to him to make this right if he expects you to stay there.
Heat pumps are not designed for northern climates. It should still be blowing out at least luke warm air and the heat strips should turn on when there is a large demand on the system. Go out side while it is running and feel of the insulated pipe going into the house from the outside unit. It should be very hot if working correctly so be careful. This will give you an idea if the HVAC is working at all.