Question:

If a rental in texas AC unit goes out what our my rights if it hasn't been repaired in 3 weeks??

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If a rental in texas AC unit goes out what our my rights if it hasn't been repaired in 3 weeks??

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  1. You have no rights regarding A/C.  It is not necessary.

    If you want it fixed, YOU pay, but don't go after the landlord.  Your choice, you pay.


  2. IF YOU HAVE PROBLEMS...

    If the landlord won’t make repairs needed to protect your

    health, safety or security and you follow the procedures

    required by law, you may be entitled to:

    • End the lease;

    • Have the problem repaired and deduct the cost of the

    repair from the rent or

    • File suit to force the landlord to make the repairs.

    You MUST Follow These Steps:

    1. Send the landlord a dated letter by certified mail, returnreceipt

    requested, or by registered mail, outlining

    the needed repairs. You may also deliver the letter in

    person. Keep a copy of the letter. Be sure that your rent

    is current when the notice is received.

    2. Your landlord should make a diligent effort to repair the

    problem within a reasonable time after receipt of the

    notice. The law presumes seven days to be a reasonable

    time, but the landlord can rebut this presumption. If the

    landlord has not made a diligent effort to complete the

    repair within seven days and you did not have the first

    notice letter delivered to your landlord via certified mail,

    return receipt requested, or via registered mail, send a

    second notice letter regarding the needed repairs.

    3. If the landlord still has not made diligent efforts to

    repair the problem within a reasonable time after

    receipt of the notice letter sent by certified mail, return

    receipt requested, or by registered mail, you may be

    entitled to terminate the lease, repair the problem and

    deduct the cost from your rent or get a court to order

    that the repairs be made. You should consult with an

    attorney before taking any of these actions.

    Under Texas law, it is illegal for a landlord to retaliate

    against you for complaining in good faith about necessary

    repairs for a period of six months from the date you made

    such a complaint. Of course, you can always be evicted if

    you fail to pay your rent on time, threaten the safety of the

    landlord or intentionally damage the property. You do not

    have a right to withhold rent because the landlord fails

    to make repairs when the condition needing repair does

    not materially affect your health and safety. If you try this

    method, the landlord may file suit against you.

  3. Pull out your lease and read it, if it says nothing about it your are screwed. Unless he is breaking the law is there a law that says you must have A/C there he does not have to fix the a/c, water yes, water heater yes, power yes, heat in the winter time yes, but the a/c i doubt it! I had a customer who was in the same boat, they fixed the a/c and the landlord refused to pay for the repairs. It end up in court and the tenant lost becuase he did not get permission to repair from land lord. Unless it is in the lease you can not do much, watch out if you with hold money or break the lease you could end up paying! South Fla in the summer.

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