my landlord will not fix the A/C do I have to pay rent?

Question

i am in the final month of my lease for an expensive one bedroom apartment and the a/c does not work -- it runs but does not cool the apartment-- i have complained in the past but no action-- they say thats just the way they are-- i ran it for 4 hours with all windows closed and it was 1 degree cooler then outside ! a few months ago the maintenance guy from the company that installed them came and said that they were cheap units and he could do nothing about it-- it is 95 degrees and i am paying big money for no a/c i want to rent strike and not pay-- can i legally do this? thanks

Answer 1

Basically check your local tennant act.

In most states, gives the landlord a formal letter stating that if the A/C is not fixed within 14 days, you are no longer legally responsible for the lease and will be able to move out of the apartment, breaking the lease.

Unfortunately, there's not much more you can do. In most states it's not illegal to have an ill running A/C. Check your lease--you are covered if your not heat or are in the middle of a flood or have trouble with your toilet. It's unfair--we went through the same problem. It would be 93* outside and 95* INSIDE.

Answer 2

No, you cannot fail to pay your rent. You signed an agreement to that effect. What you need to do is review the contract you signed and see what it says about apartment maintenance, who takes care of it, and who absorbs the cost. If it says that they are required to fix the units in the apartment, then call them out on it and threaten small claims. If not, then you will have to live with it, and just be more careful next time.

It will help keep the apartment cooler if you dump some water in the back of the a/c unit. It may be out of freon.

Answer 3

No, you can't. They will keep your security deposit and evict you.

The amount you pay for rent doesn't entitle you to more. If the air conditioning is guaranteed in your lease, then you can give written notice of the problem, with enough time for them to take care of it (your state statutes will tell you how long to give), and then keep rent in an escrow account after the time has elapsed.

Being your last month, I'm not sure the legal way will help much. Just be persistent in your asking to have it fixed.

Answer 4

First, is it worth a fight since you are already leaving.
If the answer is yes, then you should communicate, in writing, to the owner/manager that the services you are paying for (AC) are not functioning and have not been functioning for many months.
Indicate that this is a reduction of services (you haven't got all the amenities you were promised for the price) and that you want a reduction in rent. Only respond in writing and if you cannot come to terms, you can go to the local rent board or tenants union.

Answer 5

Your previous requests must have been in writing with you keeping a copy. You must then give a notice in writing to withhold rent only if you must pay for repair yourself or if you must stay in another dwelling because of the heat. It would be easier for you to take them to small claims court, but by then, your lease will probably be up. If you want to sue for the principal and not the money, go file today!

Answer 6

AC is part of the house .. same as other appliances. The landlord should cover the repair or replace with a new one. unless you purposely destroy it.. then that's a diff. case. As for your monthly rent goes, you must pay or otherwise you will not get the full deposit back.

When ever there is a problem in the house. my tenants notified me immediately. I usually sent someone out there to fix the problem(s). If i wasn't there to pay for the service.. my tenants paid for me, sent me the receipt and I repay them.

read the rental contract carefully. Good luck!

Answer 7

Adjust with whatever theconditions are! What is the pont in fighting with an adamant landlord. Just pay out the rent for your last month and quit. Look for a better landlord next time!

Answer 8

No you cannot just withhold rent because that could get you in trouble with the law if he decides to sue you for rent. You need to take him to court but that may not be worth it if you only have a month left on your lease. I would warn future tennants about your landlord's inattentiveness.

Answer 9

if i were you.....keep a paper trail...all times per phonecalls... written documentation is the best... make them clearly aware of the issue you are having....they have to fix the problem properly... as far as maientenence...they will try and help you...the leasing consultant will try and help you.... but bottom line it might be a higher up (management or owner) who is to cheap to fix or get you a new unit.... unfortunately you need to pay rent for your apt, but again at a later date possibly take to court? possibly find out the higher ups name (management or owner) and personally contact them with the issue.. it depends were the fault lies possibly badly run complex or badly run management company...try both avenues....

Answer 10

You do need to check landlord/tenant laws in your area, but yes you do have the right to withhold the rent til repairs are made, but will have to send him a written letter, the amount of time he has to make the repairs will very according to your state laws. Be sure to make copies of any letters you write, document phone calls(date, time,etc), get names of who you talk to, send any written correspondence by registered mail where they sign for it and you get a return receipt.
You might talk to an attorney, there are some who will give a free consult.
Good luck to you!