renter's rights - no air conditioning for last 2 weeks?

Question

My nephew lives in an apartment (near DFW, Texas) and has been without air conditioning for the last 2 weeks.

We have complained to the apartment manager several times. This morning we were told that "We are lucky fall is coming, a window unit should be fine".
Can they do this??? Who can I complain to?
There is no management company on the lease, just some 6.00 an hour "personnel"
Do i get the health Dept involved?
Any help is appreciated.

Answer 1

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.

http://www.oag.state.tx.us/AG_Publications/pdfs/tenant_rights.pdf

Answer 2

First of all you need to read the lease to see what the apartment complex is responsible FOR providing. Most leases state that a/c is provided and they are responsible for any and all repair or replacement when necessary.

The best thing you can do is contact the city official closest to your nephew.

In Texas, a window unit can be sufficient if you're trying to cool off ONE room. It cannot feasibly take care of the entire dwelling. Not with as hot as it gets.

Try calling the American Red Cross and see what agency they tell you to contact.

Judy: It's not a health hazard? Would you like to be the one to explain that to all of the people that have lost loved ones due to this very problem? I know what I'm talking about because I happen to live in Texas. The DFW area has so much humidity that by the time you factor the heat and the heat index it's 10-20 degrees above what the thermometer reads....AND...going inside doesn't always help. Especially when there's no A/C. A fan??? HA! That won't help, either.

Bottom line...if your nephew moved into the apartment with the a/c unit working, he has the right to demand that they repair it and keep it in good repair.

Answer 3

On the bright side, if they replace the unit with a new one, even if it is the same size and power it will undoubtably work better than an old one. It could just need a charge of freon, too. As far as the legal side, check with the city health department. There might be some regulation about what temperature landlords have to be able to provide. I'm up North here and there are certainly requirements for landlords to provide a certain level of heat in the winter. You might have them for air conditioning.

Answer 4

Call a lawyer immediately. Law statute states that a tenant cannot be without A/C for more than 48 hours total. They are in clear violation.

Also, do not let them even begin to think that a window unit "will be fine." Put them in their place. Where I live, they tried the same bs with me, and now I have a new unit inside and out. Once you threaten legal action, the whole game changes. Good luck!

Answer 5

You can talk to the BBB. Find out who owns the property! It is Texas, and I can only guess but the AC was working when he signed his lease?! Well then it would appear that the apartment is not in the same working condition, he may be able to get out of that lease and just find a better place to live!

Answer 6

In Texas they are not required to provide air-condition in October, which sucks because even though it is October it's still 86-90 degrees!

Answer 7

In Texas I know you need that A/C or it can be unbearable. In Texas do you have a branch of gov. housing authority. If so call them. Call city hall and ask for advice or who is the authority. Last result lawyer up. It will be costly, if you can even find one to take the case.

Answer 8

Landlord tenant See the link for the laws governing this in TX or anywhere else in the country! Good luck.

Answer 9

Not having air conditioning in October isn't a health hazard, even in Texas. Tell the poor baby to buy a fan.

Answer 10

A/C i snot considered a necessity, it does not come under hot water, sewage, etc people live without A/C all over the world