If a landlord has agreed to be responsible for heat, then the heating system must be capable of maintaining an interior temperature of 68 degrees when it is 20 degrees below zero outside.[i] You can agree to a lower minimum temperature, but that agreement must meet all these criteria:
Be in a writing separate from a lease,
Must be revocable,
Must state the minimum temperature allowed (which cannot be lower than 62 degrees), and
Must include a fair and reasonable reduction in rent.[ii]
Such an agreement is not permitted if someone older than 65 or younger than 5 lives there.
[i] 14 M.R.S.A. section 6021(6). This temperature is measured at a distance of at least 3 feet from an outside wall and 5 feet above the floor. If you have a medical condition requiring a warmer living space, then the landlord must maintain a minimum temperature sufficient to avoid injury to your health. The heating system must also operate so that other systems (such as water) function properly.
[ii] 14 M.R.S.A. section 6021(6-A).
Rental Housing Must Be Fit and Safe for Human Habitation- Other Utilities
If a landlord fails to pay for a public utility service (such as electric, water, or natural gas) that is in the landlord’s name, then you can pay for the service and deduct the amount paid from rent.[i] A utility cannot require you to pay a landlord’s utility bill and cannot disconnect service without providing you with notice and opportunity to assume responsibility for future service.[ii]
[i] 14 M.R.S.A. section 6024-A.
[ii] 35-A M.R.S.A. section 706.
Rental Housing Must Be Fit and Safe for Human Habitation- Lead