Landlord and AC Repair

Updated on May 17, 2013
J.G. asks from Minneapolis, MN
22 answers

Our AC has been broken since last week. Our landlord had the AC company come out and look at it that they 'fixed' it. We didn't need to turn in on until tuesday when it was 98 degrees outside and we found out that is was still broken. Someone came to look at it at 4pm to determine that the whole unit has to be replaced. We have been sitting in our hot hot hot townhome since tuesday (middle until with no cross breeze) waiting for it to get fixed. At what point should our landlord offer to pay for a hotel room for our family? I am home with my kids all day and it has been a steady 80 degrees inside our house morning and night. We still have no word as to when it will be fixed and it will be over 80 degrees here this weekend with thunderstorms (which means no open windows). I'm frustrated because I'm 6 1/2 months pregnant, have always paid rent early for the past 3 1/2 years to this landlord and he isn't fixing our AC! This is why we rent....so things get fixed when they break. This is supposed to be a perk of renting.

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So What Happened?

This has been broken since last week. They supposedly fixed it 2 Tuesdays ago, and when we tried it again this tuesday it is still broken. I have a fan in every single window :) Our windows are long and large and cannot hold any window AC unit or else I would totally do that. Also- when we rented this unit it was listed as having Central Air as part of the ammenities. I understand our landlord may not have loads of cash floating around but that is his problem, not mine. Again, that is why we are renters and not home owners. We cannot afford to repair a home or pay for the upkeep so we rent. It has been almost 2 weeks since this has been reported but it has only been bothersome since tuesday when it has gotten so hot.

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J.C.

answers from Anchorage on

I grew up where it would get over 90 and we never had an AC and we did just fine. And he is fixing it, just because it is not happening right this very minute does not mean the issue is not being dealt with. It seems you are over reacting here just a bit. He does not need to put you up in a hotel, buy some fans or a portable AC unit to use until the issue gets fixed.

5 moms found this helpful
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J.K.

answers from Wausau on

An 80 degree house is extra uncomfortable when you're pregnant, but that is not considered "unlivable conditions" so putting you in a hotel is very unlikely to happen.

It's only been a week or two, so it hasn't even been a 'neglected repair' at this point. Call the landlord to get an update. Sweetly and politely mention that you're pregnant and very uncomfortable, so anything he could do it speed up the process would be great, please and thank you.

3 moms found this helpful

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L.B.

answers from New Orleans on

Oh Good Lord!

I live in the deep south - my AC has broken - for a month until I had the money to fix the AC. It was hot.
Eh, that's life.

If your landlord was refusing to repair it then you would have a legitimate gripe. But he is working on it - do you realize how expensive a new central AC unit is? There goes any profit he is making on the home for many months.

He doesn't have to put you up in a hotel
You don't have to stay home all day and all night
You could go to Walmart and buy a couple of fans
You could buy a small window unit
You could move

You have options

8 moms found this helpful

T.M.

answers from Modesto on

Actually heating and air conditioning are considered luxuries and not necessities. Landlord does not have to pay for your comfort.
Get a fan, take a few cold showers, and just keep griping till it's fixed.
Squeaky wheels get oiled, but your landlord is not responsible to put you up anywhere unless your apartment was considered uninhabitable-- like without electricity or water.
And as far as how much time it takes to get it fixed, trust me, sometimes you cant get things done. Our ac/heat guy is usually able to get parts and fix our within 2 to 5 days, but sometimes things come up that just make it impossible to get the job done as fast as we would like. Be patient, and let your manager see you sweating.... hopefully that will help make things happen faster. We always let our tenants use our HUGE industrial fan when their AC goes out in summer, it's like being in a wind tunnel. You might ask you LL if they have one. My husband uses it to dry out units after caulking and painting or water leak dry ups. It's pretty awesome.

5 moms found this helpful

C.O.

answers from Washington DC on

J.:

uuummm....you rent because you can't afford to purchase a home? Sorry, not trying to be harsh. But really...

Sorry. The landlord does NOT have put you up in a hotel. The land lord is TRYING to fix it. Buy some fans. If you don't want to wait or buy fans - get a hotel room yourself.

You aren't held captive your home every day. So you can get out. Just because you are 6 months pregnant.

If you want it fixed that badly - tell your land lord that need it fixed now. Tell him that you will pay to fix it and deduct it from your rent. Keep all the receipts. Get quotes from different companies and go with the one you can afford....

Good luck!!

5 moms found this helpful

S.T.

answers from Washington DC on

i hope you don't take the advice of the person who suggested you withhold your rent until it gets fixed. that's just silly, and would get you evicted.
i doubt your LL will put you up in a hotel. however, if you are courteous and persistent, he may reduce your next month's rent for the inconvenience. LLs want good tenants and want to keep them.
it must be maddening to be roasting in your own home, but from your LL's perspective he actually HAS been working on it. it's a pity you didn't check it before it got hot, but i can understand why you didn't. however, he has a receipt from a repairman to prove that he has been trying to correct the situation. he got someone out within 2 days to address your second complaint, and now he has to find someone to replace the entire unit, right at the beginning of summer when all the A/C guys are busy as bees.
it's got to be h*** o* you, but stay pleasant with him. you want him to WANT to work with you. go to the library or the mall or your bestie's house for a day or so.
good luck, mama!
khairete
S.

5 moms found this helpful
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S.B.

answers from Dallas on

The laws differ from state to state. Some states do not require that and ac unit be repair, because it is considered a luxury item. (which when you are 6.5 month pregnant and it's 90 degrees sounds insane, I know). So the first step is to know what the rules are in your area.

As I read this, you say they came out and looked at it Tues, as in two days ago? A repair like replacing the whole ac unit can take over a week. When our rental property ac went out and needed replacing, we had to wait for the unit to come in AND then schedule installation. It took nine days. (Fortunately, for everyone involved, it went out in the fall.) Landlords in our area have about 7 days for major repairs, but there are exceptions...like waiting for parts.

Do not assume that your landlord will pay for a hotel. We did once and will never again - we were seriously taken advantage of. Do not check in and take the difference out of your rent. Unless that is written in the lease or you have written permission, you can be seen as failure to pay rent.

Arm yourself with information, find out what is expected in your state. In Texas no AC is considered hazardous to your health. If it's not repaired in a timely manner, tenants can end the lease, sue or repair it themselves and deduct the cost from rent. But you have to have everything carefully documented.

Call or email (you'll have record) your landlord and talk to him. Find out when he expects things to be repaired.

If it's not happening ASAP and you want to stay, find out what he's going to do to make it right. He may be willing to pay for a hotel. Or do something like we did. Last summer our tenants broke the ac (long story). The part was on back order and would take three days to come in. Summers in Texas are over 100 degrees. So we purchased a window unit for them to use in the living room. Not ideal for everyone to sleep together, but it was the best compromise we could come up with until the part came in.

Find out the rights in your state. Document everything and then proceed from there.

I

4 moms found this helpful

C.V.

answers from Columbia on

Contact your landlord and calmly share your concerns (as well as your misery). Perhaps he'll be willing to work with you to ensure that you are satisfied.

For now, perhaps you could open up the house as much as possible and set up table fans? It was 95'F here yesterday and we opened up windows and turned on fans last night. It's not optimal, but it's better than nothing.

4 moms found this helpful

J.W.

answers from St. Louis on

Google your state's laws and see what they define as a reasonable time. Obviously if the unit is not in stock that is not within control of your landlord and he is not required to put you up in a hotel.

Okay the response about get one and deduct it from your rent, you will end up out on the street, you do not deduct anything from your rent unless the landlord says it is okay.

Last time our AC went out it was a week before they could get the unit in. That is us, as homeowners, paying out of pocket, no delays, here is the cash please we don't want to sweat anymore! Your landlord probably has insurance so it may take longer, who knows.

My point is that is most likely what your state defines as reasonable so you will have no *right* to a hotel. If you want to get one go for it but you will pay out of pocket. Your feeling of being entitled to faster repairs doesn't negate that fact that they are going as fast as they can.
______________________
Oh I wanted to add, we went to the mall, play place, anywhere I could entertain my kids with AC during the day and then came home in the evening when it was cooler.
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After reading your what happened, you don't know it has been broken for two weeks. As soon as they repaired it two weeks ago it was running. This Tuesday was the beginning of this event. This much I know will be how the law would see it.

Your logic would be the last hot day of the fall they fixed it but since when you started it up in the spring and it didn't work it has been broken all winter. Surely even you agree it sounds stupid when put that way?

4 moms found this helpful

J.P.

answers from Lakeland on

As a landlord I would not be paying for a hotel or offering to put you in one. Having AC is a luxury (even here in Florida) and I am sure your landlord is taking care of this. The contractors cannot always get there to fix or replace things on the same day and sometimes parts need to be ordered. Also not all landlords have tons of cash just sitting around to get the fastest service, they usually pay mortgages, taxes and other expenses for the house that your rent does not cover. If you owned a home you would have a better understanding of how all this works.

I would suggest picking up a fan or two, or asking your landlord to get a couple of them for you until the system is fixed.

3 moms found this helpful

B.C.

answers from Norfolk on

If it's going to take a week or so, could he (or the company fixing your unit) maybe provide you with a temporary window AC unit until the permanent system is fixed?
It wouldn't cool your whole town home but you might be comfortable in one room.
I'd never think the landlord would pay for a hotel.

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C.B.

answers from San Francisco on

I don't know that a broken AC unit will require the landlord to put you up in a hotel. It doesn't make the townhome uninhabitable.

YOu should start your paper trail now by writing the landlord a letter setting out what has transpired to date and requesting that the unit be fixed/replaced ASAP. That letter should be hand delivered to the landlord by someone other than yourself.

Give it a week and follow-up again with another letter, this time advising the landlord that if it is not fixed/replaced within 10 days, you will use your rent money to fix/replace it and will provide him with the receipt together with the balance of any rent that may be due for that particular month.

Then follow through and do that,.

2 moms found this helpful
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C.B.

answers from Boston on

My sister had something in her apartment that looked like R2D2 from starwars, it was a cylinder that just sits in a room and it has a "tray" that you need to empty of water every few hours, but it would cool one room pretty well. I think she got it at Home Depot, like this one:
http://www.homedepot.com/p/LG-Electronics-9-000-BTU-Porta...

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M.B.

answers from Austin on

My AC broke several years ago.... we replaced it with 7 window units.

We just cool the rooms we are using, but even still, it probably stays at 79-80 degrees in the house.

And... we live in central Texas, and it is frequently over 100 degrees outside during the summer.

Get some fans to stir the air.

Go to the mall, or an indoor play area to stay cool.

2 moms found this helpful

X.O.

answers from Chicago on

Is your lease up for renewal? I'd use this issue as a negotiating point.

1 mom found this helpful
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H.M.

answers from Omaha on

Contrary to what a lot of people think, and it pry varies with the state, your landlord has to maintain ALL appliances you signed lease with in a timely manner. Regardless if they think they are a luxury or not. No they don't have to offer you a hotel but you can sue the, for violating you lease.

I dealt with a dead ac in an apartment about 5 years ago. I eventually called the housing authority to get information on my rights and they told me that ALL appliances that were there when you signed your lease HAVE to be Maintained in a timely manner. It had been 10 days for a 9 month pregnant woman in 90 and 109 degree weather. When I called and told them I called the housing authority and that they were violating my lease it AMAZED me how fast that crane and unit got there!! That very day!!! Before it was going to take time for the crane and ac unit to get ordered. I was pushed around and ignored.

Look into your rights in your area and inform your landlord you know said rights. In my experience that is all it takes! If you wouldn't have rented that town home without ac you shouldn't have to stand for this even if some people would.

1 mom found this helpful

S.S.

answers from Dallas on

You absolutely have every right to request the landlord pay for a hotel or reimburse you for a hotel, because according to landlord/tenant law, this affects the health and well-being of you, the tenants. Especially since you are pregnant. You must request the repair and make this violation of the landlord/tenant law in writing. Do it now! If he refuses to fix the AC to proper working order (ie replace the unit), you can deduct hotel fees from next month's rent. Make sure you take a picture with your cell phone documenting the inside temperature. Let him know that you are aware of your rights as a tenant and his responsibilities as a landlord. I went through this exact same thing with my previous landlord and subsequently broke our lease because of it and she had no recourse because she was in violation.

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K.S.

answers from Minneapolis on

Call and ask him for an update. This is the time of year when AC contractors suddenly get very busy so he may be waiting in line. The nights have been very cool still so open your windows at night then close your windows and shades in the day time to hold in the cooler air. I live in the Twin Cities too and we have yet to turn on the AC at work and I have never had AC at home, we just use fans when needed but they haven't even been needed yet this year.

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K.H.

answers from Minneapolis on

call your landlord-tell him your not paying rent until its fixed-you have that right-also call mn tenants association.as a renter-you have rights-alot of folks dont know this-also you can call him-tell him your having your repairman coming out n he will be billed-thats also your right.i live n work on a pretty big property-i know these rules.stand up for your rights.

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J.T.

answers from Dallas on

Id have already checked into one and id attach receipts and deduct from future rent.... good luck! Call your local housing authority for some guidance.

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H.M.

answers from Dallas on

I don't think that they would offer to pay for you to go stay at a hotel. I would find somewhere else to stay even if they wont cover it. When that happened to us we went and stayed at my moms.

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L.M.

answers from Orlando on

I would call the landlord every single day until it is fixed.

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