Help.....My Landlord Will nOT Replace My a/c.......its 90 Degrees in Here Now!!!

Updated on June 16, 2007
A.W. asks from Arlington, TX
12 answers

I moved in my rent house almost 4 weeks ago. I have nothing but problems ever since. No hot water, torn tile, hole in bathtub, no gate in back yard, the list goes on. They have fixed all of the minor things except for the most important....Air Conditioning!!!! She told me" I just don't know what to tell you, we have done ALL we can." What can I do? Can I turn them in? I have 3 small kids and I'm single....please help me!!!!!

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So What Happened?

I want to say thank you to all the mom's for all of your responses. I took your advise and I told my landlord what I was going to to and when she discovered I had all of this information.........well lets just say its 74 degrees in her now :) I have a brand new a/c system. Thank you mamasource :)

Featured Answers



answers from Dallas on

You can call the city. Also there is an organization that helps people who cannot afford to fix their heat its called heat the town. They do it 2x a year Also you can contact an attorney for advice.

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More Answers



answers from Dallas on

If you are able to, bring a copy of your lease to the Housing Crisis Center. You will need to call to see when they are available to assist. A lawyer and/or law student will review your lease and discuss your options with you at no charge. This will not create an on-going relationship with the lawyer, but will give you a really good idea of what your rights are under your lease.

Best of luck,


Housing Crisis Center
4210 Junius Street Dallas Texas 75246
Voice: ###-###-####
Purpose: Conducts legal clinics for persons with rental and landlord/tenant problems. Seeks to assist individuals threatened with eviction and other cases in the Justice of the Peace and County Courts.

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answers from Dallas on

My heart goes out to you and your children.
Just throwing out some numbers for you to call and get info, perhap there is something similar near you as well.

Legal Resources/Tenants/Landlord Law
Texas Tenants Advisor ###-###-####
Housing Crisis Center Hotline Dallas ###-###-####
Legal Aid of Northwest Texas 800-906-3045 State of Texas
Housing Authority ###-###-####

Also I noticed at our Frisco Family Services, they have an
upcoming workshop regarding tenant rights etc. If you could not attend, I can get you some info and send it to you. Sounds like you might need it in the future.
Frisco Family Services number is ###-###-####.

Also the city here has a program with funds to repair or replace items such as airconditioning. Very few restrictions apply other than household income. Frisco Family Services has a flyer in office that they could give you info to call and see
is there is a similar program in your city.
Let me know how it goes.

In the meantime, could you get a small window unit to at least place in a bedroom or small area to keep cool? I will look today and see if I can find something for you.

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answers from Dallas on

All renters have a RIGHT to a livable premisis. This right generall includes...
*keeping basic structural elements of the building, including floors, stairs, walls and roofs, safe and intact.
*maintaining all common areas, such as hallways and stairways, in a safe and clean condition (obviously wirtten to include aparment buildings)
*keeping electrical, plumbing, sanitary, heating, ventilating and air conditioning systems and elevators operating safely
*supplying cold and hot water and heat in reasonable amounts at reasonable times
*providing trash recepticals and arranging for their removal (apartments)
*exterminating infestations of rodents and other vermin

Texas Property Code states... § 92.052. LANDLORD'S DUTY TO REPAIR OR REMEDY. (a) A

landlord shall make a diligent effort to repair or remedy a

condition if:

(1) the tenant specifies the condition in a notice to

the person to whom or to the place where rent is normally paid;

(2) the tenant is not delinquent in the payment of rent

at the time notice is given; and

(3) the condition materially affects the physical

health or safety of an ordinary tenant.

(b) Unless the condition was caused by normal wear and tear,

the landlord does not have a duty during the lease term or a renewal

or extension to repair or remedy a condition caused by:

(1) the tenant;

(2) a lawful occupant in the tenant's dwelling;

(3) a member of the tenant's family; or

(4) a guest or invitee of the tenant.

(c) This subchapter does not require the landlord:

(1) to furnish utilities from a utility company if as a

practical matter the utility lines of the company are not

reasonably available; or

(2) to furnish security guards.

(d) The tenant's notice under Subsection (a) must be in

writing only if the tenant's lease is in writing and requires

written notice.

And... if you follow all the steps outlined in TX PROP CODE 92.056 then you can have the ac fixed yourself and deduct from your rent, or you can terminate your lease early with no ill effects on you. Here is the code...

You need to call the City you live in and ask for their housing department. They will probably transfer you around a bit... but you will get there. They will tell you what the code is for the city. That will override the state mandates... to a point. But if there is no city code, the state code applies. Also, if you can get no help from the city, contact the Texas Commission of Human Rights at ###-###-####.

I hope this helps and you get this remedied VERY SOON!

Let me know if I can help you in any way.

2 moms found this helpful


answers from Dallas on

As long as you are paying rent she HAS to get it fixed!
You should be calling and threatning to have her turned in if she doesn't get it fixed and she's putting your children's health at risk.
I'm 100% sure that in every "lease" agreement the landlord fixes all problems except very minor.
If you were leasing to buy then it would be a different story and would be your responsibility but if your only renting then it's completely your landlord's to get AC units fixed.
I've never in my life heard of a landlord not fixing an AC unit and she's just being CHEAP and trying to save herself money so DO NOT pay any money out of your pocket to have it fixed.
Report her to anyone you can and do it ASAP!

Good luck and hope it gets fixed soon. I can't imagine not having my AC.

1 mom found this helpful


answers from Dallas on

Hi A.,
I am also renting. I am so sorry to hear about your situation. I would recommend reviewing your contract. The A/C is "supposed" to be covered by your Landlord! You should have a clause that will release you from the contract due to their breech of the contract. Did you note the A/C as item that needed fixed when you moved into the house?
If you need assistance with executing your rights contact a local attorney.

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answers from Dallas on

Is your rent current? If so send letters and copy them also document all conversation dates, times and her responses. What she is doing is against the law. Also go online and research renters rights. FIGHT THIS. They cannot get away with this type of behavior. N.

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answers from Dallas on

That's illegal! Part of renting out a house is making sure that there are adequate living conditions in the house, and if it's 90 degrees in your house, you need to contact someone.

Personally, I would call your landlord and let her know that either she is going to have the a/c fixed or replaced, or you are calling the housing authority and let them handle it.

1 mom found this helpful


answers from Dallas on

what kind of lease agreement have you signed? in it are there stipulations on repairs made by the landlord? read through it carefully & see what it says. also i am not familiar with landlord/tennant rights here in tx but you can google them & see what the laws are here in tx. then you can make a better decision on what action to take. most of all if you feel you are getting unjust treatment then do what you have to do to file a complaint...a lot of times just taking action will get your landlord motivated to do what they are supposed to.
hope everything works out for you!

1 mom found this helpful


answers from Dallas on

Perhaps threatening her with the legal advice you have recievd here, and telling her that she will have to pay for a hotel for you to stay in until the unit is fixed will get her motivated (I don't know if by law she will have to, but I'm sure you can ask one of the resources you recieved).

I had the same problem last year, and we had a 5 month old baby. It was over 106 degrees for 3 days in our apt.

1 mom found this helpful


answers from Dallas on

Get your lease agreement and find where it says what your landlord is responsible for. I would assume that air conditioning would be covered. If she does not fix the problem, then she is in default of your lease contract and you can move. Sue that wretched woman! It is WAY too hot for no air conditioning.

1 mom found this helpful


answers from Dallas on

What does your LEASE say as far as responsibilities for repairs and such...

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