I thought when you rented a house out you had to provide the basics, a roof, windows, doors, hot water, running water, and heat. My landlord gave me an electric space heater when I told him that my heat was not working. Does a space heater count as the heat that a landlord is required to provide.
I think, whether the landlord pays for your heat as part of your rent or not, he is obligated to provide you with a heating system which will allow you to keep your house at a minimum of 68 degrees F (70 in Canada) between September and April. If the electric space heater is not doing the job, you have the right to withhold your rent until he fixes the problem. Individual state laws may vary, though.
In the State of NY, if the landlord tries to evict the tenant for non payment, and the tenant can prove that heat was not sufficient, thats usually good enough for a judge. And most landlords REALLY DO want to get paid and would rather not go through the horror of eviction. Thats my direct experience.
I had this problem once but the furnace broke and when my landlord couldn't fix it that day he loaned me two heaters to help. but the next day he had it fixed. So i guess my question is when did your furnace stop working and how long until he has it fixed.
As to whether that counts as sufficient, contact a local legal aid lawyer. Things vary from state to state. HOWEVER, if you do go the route of withholding rent, you MUST set up an escrow account, or it will be viewed as simply not paying your rent.
Well they put out heat. Count in what way? Property taxes, no it doese'nt count. Can you explain more?