What action can a tenant take if essential services like heat or water are not provided within 48 hours of notice?

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A tenant experiencing the failure of essential services such as heat or water within 48 hours of providing notice has the right to terminate the lease or keep two-thirds of the rent. This action is grounded in the principle of the implied warranty of habitability, which stipulates that landlords are responsible for maintaining essential services that ensure a livable environment.

If the landlord fails to remedy the situation promptly after receiving notice, the tenant is afforded legal protections that allow them to either terminate the lease or reduce their rent to reflect the diminished value of the rented premises without these essential services. This remedy recognizes the significant impact that the lack of basic services has on the tenant's ability to enjoy their home and ensures that they are not financially penalized for a situation that is beyond their control.

Other options do not align with the legal framework surrounding tenant rights in situations of service disruption. For instance, requesting a rent increase does not address the immediate issue of services not being provided and is logically inconsistent with tenant protections. Keeping full rent until services are restored is also not beneficial because it does not acknowledge the tenant's right to compensation for the deficiency in livability. Filing a lawsuit could be an avenue for tenants but is generally viewed as a more complex and longer-term resolution compared to

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