Landlord issues

Jumpem

Lifer
Sep 21, 2000
10,757
3
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I moved into my townhouse about a month ago. I tried using the AC over the weekend since it has got over 90 lately. The AC doesn't really work. It blows slightly cool air, and managed to cool the place only 3 degrees after being on high for over a day.

My gf went to the rental office today to have it looked at. Maintenance came over and said it was fine. I'm paying over $900 for the apartment, which is on the high end around here. So I expect things to work properly, and issues to be fixed.

So my question is, what do I do now? Do I have any recourse such as withholding part of the rent, or hiring a contractor to fix it, and then deduct the bill from my next rent payment?



Cliffs: AC doesn't work; landlord isn't fixing it; how do I proceed?
 

imported_Dimicron

Senior member
Jan 24, 2005
327
0
0
Read through your lease/rental agreement. What does it say about repairs/maintainence? Get a lawyer if necessary.

EDIT: See if it's something easy to fix like a bad filter? Or ice buildup inside? (not kidding, had a friend who was without AC for a long time while he broke out the ice and cleaned up the water from all the melting ice in there...)
 

sixone

Lifer
May 3, 2004
25,030
4
61
Get maintenance back over. Make them keep coming back until it works. Also document each visit and the results.
 

Jumpem

Lifer
Sep 21, 2000
10,757
3
81
Originally posted by: Dimicron
Read through your lease/rental agreement. What does it say about reapirs/maintainence? Get a lawyer if necessary.

I'm not sure what it specifies about maintenance. I'm going to read over it when I get home from work later.
 

Phoenix86

Lifer
May 21, 2003
14,644
10
81
There is very likely a state/city law for heating and cooling specifically. Found this with a quick search.
http://www.oag.state.ny.us/realestate/tenants_rights_guide.html
LANDLORDS' DUTY OF REPAIR

Landlords of buildings with three or more apartments must keep the apartments and the buildings' public areas in "good repair" and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages.)
 

Adica

Golden Member
Dec 11, 2004
1,541
0
0
You just need to speak up again. Don't be afraid of looking like a d!ck, because you deserve to be cool. Anyways tenants have more rights than landlords despite what most people think.....SO SPEAK UP!
 

Jumpem

Lifer
Sep 21, 2000
10,757
3
81
Originally posted by: Adica
You just need to speak up again. Don't be afraid of looking like a d!ck, because you deserve to be cool. Anyways tenants have more rights than landlords despite what most people think.....SO SPEAK UP!

I'm going to. I just wanted some more info (thanks to Phoenix86 for the link) before I go over there and complain.
 
Jan 18, 2001
14,465
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ask the manager to come over to your apartment and see how the AC isn't workign. also inform him that you're not going to pay for an electric bill that above a set amout (determine from neighbors average). Tell him that you'll put all this down in a certified letter if it isn't taken care of. Chances are though, the maintenance man was just being lazy.

 

Hecubus2000

Senior member
Dec 1, 2000
674
0
0
It will be a good idea to have every request you make in writing complete with date and time. Trust me, it will cover your ass and you will thank me later.
 

Phoenix86

Lifer
May 21, 2003
14,644
10
81
Originally posted by: Jumpem
Originally posted by: Adica
You just need to speak up again. Don't be afraid of looking like a d!ck, because you deserve to be cool. Anyways tenants have more rights than landlords despite what most people think.....SO SPEAK UP!

I'm going to. I just wanted some more info (thanks to Phoenix86 for the link) before I go over there and complain.

No problem. Make sure to document ALL complaints. Asking them: over the phone, between buildings, or even IN THEIR office does not count unless it's in writting. Many areas give landlords set times to repair, this time does not start until the landlord receives it in writting, even if you make eleventy billion requests by word of mouth.

Good luck.
 

RedCOMET

Platinum Member
Jul 8, 2002
2,836
0
0
Originally posted by: Qwest
Originally posted by: audiotherapy
well AC is a luxury, so you're not protected by law....

fresh prince episode, quote below

Judge: However, air conditioning is considered a luxury. Rent cannot be withheld from a malfunctioning appliance!
Will: Meaning?
Judge: Meaning you'll have to pay the rent!

DOes the apartment come with AC? if so wouldn't said AC be an applianc that has to be maintained by the landlord?
 

Phoenix86

Lifer
May 21, 2003
14,644
10
81
Originally posted by: audiotherapy
well AC is a luxury, so you're not protected by law....

You know how well that argument would fly in Texas? Anyways, it's a state-by-state/city-by-city issue. There's no blanket statements about renters rights, though I think you would have an argument when the conditions are unlivable anywhere.
 

KarenMarie

Elite Member
Sep 20, 2003
14,372
6
81
Originally posted by: sixone
Get maintenance back over. Make them keep coming back until it works. Also document each visit and the results.

I agree with this 100%.... also, if you have a camera... get a thermometer and take pics of he readings at different times of the day. then if there is not satisfactory result.. you can send a letter to the office telling them that you are prepared to put your rent in escrow until it is fixed and if need be, you will be happy to use the rent money to hire someone to come out and fix it for them.
 

sixone

Lifer
May 3, 2004
25,030
4
61
Originally posted by: KarenMarie
Originally posted by: sixone
Get maintenance back over. Make them keep coming back until it works. Also document each visit and the results.

I agree with this 100%.... also, if you have a camera... get a thermometer and take pics of he readings at different times of the day. then if there is not satisfactory result.. you can send a letter to the office telling them that you are prepared to put your rent in escrow until it is fixed and if need be, you will be happy to use the rent money to hire someone to come out and fix it for them.

That's a great idea, KM.
 

alien42

Lifer
Nov 28, 2004
12,770
3,166
136
sounds exactly what happened to a friend last week. it turned out to be a fuse on the main unit outside the apartment.
 

Ricochet

Diamond Member
Oct 31, 1999
6,390
19
81
Originally posted by: Phoenix86
Originally posted by: Jumpem
Originally posted by: Adica
You just need to speak up again. Don't be afraid of looking like a d!ck, because you deserve to be cool. Anyways tenants have more rights than landlords despite what most people think.....SO SPEAK UP!

I'm going to. I just wanted some more info (thanks to Phoenix86 for the link) before I go over there and complain.

No problem. Make sure to document ALL complaints. Asking them: over the phone, between buildings, or even IN THEIR office does not count unless it's in writting. Many areas give landlords set times to repair, this time does not start until the landlord receives it in writting, even if you make eleventy billion requests by word of mouth.

Good luck.

I'll second that. Write a letter to your landlord. Of course, make a copy for yourself. All verbal complaints don't mean crap in small court (hopefully it won't come to that).


 

Ornery

Lifer
Oct 9, 1999
20,022
17
81
Buy your own. He could dick you around for the rest of the summer. Take it with you when you leave. It will probably pay for itself in electric bill savings.
 

Kelemvor

Lifer
May 23, 2002
16,928
8
81
Contact a Landlord/Tenant attorney and ask them. They'll talk to you for free over the phone and at least tell you what you can do. Or you could contact somes ort of gov't agency for help. Or even contact the local TV stations.

But anything you do will make the manager not like you so then don't expect any favors the rest of your time there.

Just turn it on high and leave it on 24x7. Then get a fan or something to try to circulate the air around. Or ask if it can be swapped for a different one since most place have extras or could take one from a place not being rented at the moment.

Was A/C listed in the lease agreement as being included? if so they have to provide one that actually works. But I guess "works" is a very vague statement.
 

Jumpem

Lifer
Sep 21, 2000
10,757
3
81
Originally posted by: FrankyJunior
Contact a Landlord/Tenant attorney and ask them. They'll talk to you for free over the phone and at least tell you what you can do. Or you could contact somes ort of gov't agency for help. Or even contact the local TV stations.

But anything you do will make the manager not like you so then don't expect any favors the rest of your time there.

Just turn it on high and leave it on 24x7. Then get a fan or something to try to circulate the air around. Or ask if it can be swapped for a different one since most place have extras or could take one from a place not being rented at the moment.

Was A/C listed in the lease agreement as being included? if so they have to provide one that actually works. But I guess "works" is a very vague statement.


Yes AC is listed as being included. Leaving it on 24/7 doesn't even work. It literally can only keep the inside two or three degrees cooler than outside.
 

shud

Golden Member
Mar 24, 2003
1,200
0
0
If it's included, it should work. You could always try hitting the landlord in the face with a shovel.