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The landlord has a duty to maintain the premises in a habitable or livable condition. If a heater breaks in an apartment, your landlord is responsible for the repairs because this condition would render the apartment uninhabitable pursuant to the local and state housing codes. Unfortunately, heaters tend to break at the least convenient times, often in the dead of winter late on a Sunday evening.
However, the tax is not applied where the property is involuntarily vacant. These cases are: 1  Where the property is considered uninhabitable and the costs of the works exceed by 25% the value of the property.  If the property is for sale (and empty) and has not been sold despite the best efforts of the owner.