How to react to a lack of action from a landlord.?

Question

For 2 months we have complained that our AC isn't working. Our electric bill has gone from 190/mnth to a current bill of 450.00. They say it is the filter and we change it all the time. They finally decided to send someone 4 days from now after complaining to the owner 2 weeks ago. How long shoud they get to react to repair and should they be partly responsible for the bill that is due to their lack of action? Any help would be appreciated.

Answer 1

A. Can I force my landlord to fix my apartment?

1. Minor inconveniences.

Unless your lease explicitly says so, your landlord is under no general obligation to repair the apartment. Small inconveniences and minor repairs are not legally the responsibility of the landlord unless he has agreed to make such repairs. The agreement to make repairs need not be in the lease itself. If your landlord has otherwise agreed to make such repairs, he may be obligated to make these repairs just as if the agreement was a part of the lease.

If your lease does require the landlord to make the repairs in question, you should contact him in writing and request that these repairs be made. If the repairs are not made, you can have the repairs made yourself and recover the cost in small claims court. You cannot deduct the amount from your rent, however, unless the landlord agrees.

2. Major problems.

Regardless of the terms of the lease, there is a law which requires the landlord to repair conditions which materially affect a tenant’s physical health or safety, and to provide hot water to a tenant. Texas law requires the landlord to make reasonable efforts to repair any condition which materially affects the health or safety of an ordinary tenant and to provide hot water to the tenant. The landlord’s failure to comply with this law may entitle a tenant to perform the repair and deduct the costs from rent, a court order requiring the landlord to make the repairs, a court order reducing the rent, and a penalty of one month’s rent plus $500. Alternatively, the tenant may terminate the lease, move out, and obtain a penalty of one month’s rent plus $500.

As mentioned above a remaining tenant may have conditions repaired and deduct the cost from the rent. This may be done only if:

1) the landlord has failed to remedy the backup or overflow or raw sewage inside the tenant’s dwelling or the flooding from broken pipes or natural drainage inside the dwelling;

2) the landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant’s dwelling and the water service to the dwelling has totally ceased;

3) the landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction, that the lack of heat or cooling materially affects the health or safety of an ordinary tenant; or

4) the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant.

It is worth noting that under the law, even if you have a claim against your landlord for not maintaining your apartment, you are not excused from paying rent until you take the necessary steps. If you stop paying rent, your landlord could have you evicted.

Here is what you must do to exercise your rights:

1) You must give the landlord written notice. Explain the problem, and tell the landlord that it materially affects your health or safety. You cannot be delinquent in the payment of rent at the time notice is given. The notice should also state that unless the condition is repaired you may terminate the lease, have the condition repaired and deduct the costs of repair from your next rent payment, or bring a civil action for a court order and damages. You should send this notice via certified mail, return-receipt-requested.

2) The landlord has a reasonable time to repair the problem. What is reasonable depends on the facts of the situation. A leaking roof for example, is serious, and a few days may be a reasonable time to repair the leak.

3) If your apartment is not repaired within a reasonable time and you sent the repair notice by certified mail, your landlord is liable. If you gave the notice any other way, you must give the landlord a written second notice and wait another reasonable period of time before your landlord is liable.

If the landlord is liable for not making the repairs, you have the right to:  

            (1) have the condition repaired and deduct the costs from your next rent payment;

            (2) sue and force a rent reduction;

            (3) sue and get a court order requiring the landlord to make the repairs; and

            (4) sue to recover damages of one month’s rent plus $500.

             or

terminate the lease, move out; and

sue to recover damages of one month’s rent plus $500.

If you have to hire an attorney and you win the case, the landlord must pay your attorney’s fees.

Answer 2

you can call the local housing authority. i also believe you after a certain amount of time, you can call someone to have it repaired yourself then send the landlord the bill (check with housing auth first). i had many similar problems with my landlord too... thank god im out of there!!

Answer 3

You can send them a certified letter stating the needed repairs.  They then have 30 days to fix it.  If it is still not fixed you can have a licensed contractor fix it and take that amount off of your rent and make sure to show them the receipt.  and - NO - they are not responsible for any of the power bill, because proving what amount was caused by the malfunctioning AC would be impossible.

Make sure to check you states landlord tenant law 1st though - you don't say were you are.  Also AC is not a required amenity so this procedure may not be allowed for that.

Answer 4

You did not say which state you are in, very few require A/C....but it sounds like yours works, otherwise why a filter?

Everyones bill jumps up in the summer, A/C is expensive to run.     I would love a bill of 450 for mine.

The landlord is not responsible for your bill.