Broken A/C in a TX apartment, suing landlord

Question

Okay, my a/c has been working very, very poorly for the last 4 months. I have central air. The a/c can’t cool the place under 85 during the day and won’t even get close to 80 until three or four in the morning and will run NON-stop trying to do so. What’s worse, my thermostat is located in the coolest room in the place that I’m almost never in! Everything else is a measured 5-10* warmer. It’s super uncomfortable for myself and guests and has been hard to sleep at night. I’m just getting over a rash I’ve had for over a month that the Dr. said was likely caused by the constant sweat I have from just being in my place.

My electrical bill quadrupled several months ago when it was time to start using a/c for the season—I’ve never been in a place that more than doubled in the summer months. I use the same programmable thermostat that has the exact same energy saver schedule I used last summer.

I have four months of saved emails back and forth between myself and the property manager. He has been full of promises with zero delivery because of every excuse he can think of. I’ve always been current on my rent. I will not take the repair and deduct route, nor am I looking to get out of my lease.

I pay a very high rent ($1300) to live in a great place and I’m sick of this. At this point I’ve decided to be aggressive and take my landlord to court for monetary reimbursement. Getting the A/C fixed is now a whole different issue that will continue to be perused. I’m looking for half rent X 4 months, half energy bill X 4 months plus treble damages, medical bills with treble damages and court costs. The total is within small claims limits, so I planning on that route to reduce legal fees and more importantly, eliminate council for my landlord while at trial. What do ya’ll think of my monetary claims and legal angle?

I live in the Dallas Metroplex.

Answer 1

On top of that I would go to WalMart and buy a couple of window units and put one in a front window that everyone can see, and one in the bedroom window so you can sleep at night. I bet they will love that and it will probably cool better. You guys are suffering from a serious heat wave and your units are probably not large enough to handel the heat. Make sure your filters are changed and the coils are clean. Most apartment complexes have rules against window units. If they push or demand that you remove the window units, put aluminum foil on all your windows to help keep the heat out, and hope that they try to enforce their rules via eviction notice, ect. Keep all your communication records and be prepared to show them to the judge. Also include in your lawsuit the price of the window units and the aluminum foil. I believe you'll win. If it were me, they would be lucky to recieve any rent. But since you have honored your commitment I cannot see how any court would let them off.

If your lease states that it is an airconditioned unit then that is what you are paying for and it must work. Also are any of your neighbors experiencing the same problem or is yours an isolated case?

Answer 2

You need to check your state to see if an a/c is necessary in your area. Usually there a list of things that's required to be in the apartment and in working condition such as hot water, heater, secured door with lock and windows, etc. Without any of these the place is considered uninhabitable. As I know, without an a/c won't make the place uninhabitable to live but still check with your state law cos' every state may different.