Landlord won't fix my A/C - any ideas?

[ODogg]

Re: Landlord won't fix my A/C - any ideas?

This guy said he was doing this on the side and he talked about how cheap he worked for...

[MassNole]

Re: Landlord won't fix my A/C - any ideas?

What does your lease say in regards to air conditioning?

[Gotmadskillzson]

Re: Landlord won't fix my A/C - any ideas?

Cheap huh ? I bet he would take straight cash too. Sounds like a guy who uses recycled or stolen parts. Or parts he gets off of ebay.

[Valdarez]

Re: Landlord won't fix my A/C - any ideas?

If it's not specifically listed in your contract, there's nothing you can do. I had this problem as well. But it was in Austin. I was on the 3rd floor, and I took a picture of the temperature at 120 degrees. My dad was visiting, and we had to stay in a Hotel on the 2nd night. It was just too much, even with fans the landlord provided. I gave them the bill, and told them if they didn't have it fixed I was moving out the next day and I'd file against them in small claims court for all of the related fees. The air conditioner was in my contract, and they had to fix it. Plus, they knocked off the cost of the hotel room on my next months rent.

Check your contract, and if you have to, find a little window unit until you move/get it resolved. You can probably rent one at a local rent-a-center. If you don't want to do it, ask your land lord to provide one.

Best of luck!

[jeremym480]

Re: Landlord won't fix my A/C - any ideas?

My friend told me they had a similar situation and once he brought up his wife having high blood pressure then the landlord quickly fixed their A/C. I have a history of high blood pressure from when I was overweight more than I am now. I wonder if this could change the perspective of the entire issue...perhaps this would be a way to change it from a casual repair into a more urgent situation in the eyes of the law.

I'd tell them that I had blood pressure issues. If they didn't fix it within the next day or so, I would talk to them about getting out of your lease.

I've lived in about 6 different apartments and every issue I had was fixed with 2 or 3 days. IMO, theres no excuse for it to take any longer than that. If they're waiting on a part ask them to show you some paperwork on it.

[ODogg]

Re: Landlord won't fix my A/C - any ideas?

There is nothing in my lease about any repairs. I sent my attorney the blood pressure info.

[p_rushing]

Re: Landlord won't fix my A/C - any ideas?

You cannot stop paying the rent. You need to get your attorney to setup an escrow account. You pay your rent into that account, that way you are not defaulting on your responsibilities. Then the landlord has to fix the A/C. You don't need to care if they do it legally or not. If you know they aren't doing it legally, you can notify code enforcement though.

[Valdarez]

Re: Landlord won't fix my A/C - any ideas?

Hang signs all around your apartment saying your air conditioner doesn't work and the landlord refuses to fix it. Tell him you're starting there, and then you're going to take an afternoon to walk/drive around and leave them at all the restaurants around town. If that doesn't work, tell him your friend Val, who has extensive experience in the SEO market (Search Engine Optimization), who is going to create a website and make sure it's the first thing people find when they google for his apartment.

DON"T RENT HERE

LANDLORD WILL NOT MAKE REPAIRS
A/C DOWN FOR NEARLY 2 MONTHS

SUFFER FROM HIGH BLOOD PRESSURE
COULD DIE ANY DAY FROM HEAT OR STRESS!!!

SAVE MY LIFE AND TWEAT ME ON TWITTER THAT YOU CHOSE NOT TO RENT HERE!!!!
TWEAT ME AGAIN AND TELL ME HOW MANY PEOPLE YOU TOLD ABOUT THIS APARTMENT ABYSS!!!

Print out tweats, submit to landlord. At least you'll be able to smile on the warm days.

Step 1 - Hang Signs Around Building
Step 2 - Hang Signs Around Town
Step 3 - Submit Tweats to landlord
Step 4 - Submit Website URL to landlord
Step 5 - Submit Google search for apartment to landlord

Might as well have fun with him.

[ODogg]

Re: Landlord won't fix my A/C - any ideas?

Yeah that's what I'll do in May if it's not fixed by then. I guess I"ll have to buy an A/C for my bedroom if it gets hot..

[deaduck]

Re: Landlord won't fix my A/C - any ideas?

First off, p_rushing is absolutly correct. You got to put your rent in escrow if you're pursuing legal options. Judges frown on residents withholding payment/rent on their own.

As for the A/C part, been a few years since I did maintenance and laws vary by contract and State but a HVAC complaint wasn't considered an emergency unless interior tempatures exceeded 85 degrees or dropped below 65 degrees. Having a health concern could factor into the equation but normally it required a DR's note to that effect.

Slightly confused about the up to "code" issue. If the system just needs a part replaced that shouldn't affect the many changes to R-22 laws and such when I left the business.

That said, most HVAC parts were stocked locally and the few times I had to order outside local vendors it took about 3 days. I've got the feeling this is less about the part and more about priority of your repair.

[Scottdau]

Re: Landlord won't fix my A/C - any ideas?

Is AC is necessity? Maybe in different Areas it is, but I think here it is consider a luxury. Many they don't have to fix it. If it was a heater then they have to fix it. I could be wrong.

[deaduck]

Re: Landlord won't fix my A/C - any ideas?

Is AC is necessity? Maybe in different Areas it is, but I think here it is consider a luxury. Many they don't have to fix it. If it was a heater then they have to fix it. I could be wrong.

Most contracts have statements to the effect of "maintaining" the apartment. Which means if you had A/C, they couldn't take it away without changing your lease agreement.

[Koolie G]

Re: Landlord won't fix my A/C - any ideas?

Definitely don't withhold your rent payment. That is bad news if you take legal action. You could probably just sue him in small claims court if he doesn't fix it. You could then ask for the $89 you spent to get someone else to look at it, or the money you spent on the window unit, etc. The landlord has to maintain a place that is suitable to live in, but not having AC in April isn't the most egrigious thing in the world. Your landlord should fix it, but you should keep all of your emails and document your phone calls and when you notified them and how long it took them to fix it, etc.

Or you could give them your 30 day notice, move out and then take them to small claims court. Your attorney will be more familiar with Ohio Landlord-Tenant law than I am, but in almost every state the laws are designed to protect the tenants in most situations, not the landlords, so you do have remedies.

[ODogg]

Re: Landlord won't fix my A/C - any ideas?

Valdarez - I like your way of thinking man!! I wouldn't want to be on your enemies list!!

As for it being a necessity, it is not (although the medical thing could change that) but like any other repair that's a "common" repair it should still be fixed in a reasonable time (30 days is considered reasonable in the eyes of the law).

[ODogg]

Re: Landlord won't fix my A/C - any ideas?

Here is a copy of the letter they will be receiving on Monday.

Please be aware that I am the attorney representing Shaun Hough regarding repairs to and maintenance of his rental unit under your organization’s management. My client first informed your representative that his air conditioning unit was not functioning on March 25, 2010 and has corresponded and communicated with your representatives numerous times since that date in his attempts to have the needed repairs or replacement made to his air conditioning unit.

Please also be aware that my client has a history of a medical condition which is further aggravated by extremes in temperature. Due to the above average and at times “record breaking” heat we have experienced in the past month in the area, it is of upmost importance to the health and welfare of my client to have operational heating and air conditioning.

Your organization has had a reasonable amount of time to complete the repairs and has yet failed to do so. According to Ohio Revised Code Section 5321.04 (4) the landlord is required to keep the air conditioning unit in good and functional repair. Since you have failed to repair or replace the air conditioning unit within a reasonable period of time as required by law, your should be aware that my client is now considering his various options of redress under the statute (O.R.C. 5321.07) and all other appropriate actions available to him under the law, including actions to recover his attorney fees.

Hopefully this matter can be resolved expediently and to my client’s satisfaction. If replacement of the entire air conditioning unit is required because replacement parts cannot be readily obtained for the existing unit, it seems appropriate to do so at this time.

If you wish to discuss this matter further, you may contact me at the above referenced address, phone number or e-mail. Please also send me a copy of any further email or written correspondence to my client regarding this matter.

Sincerely,