Central air unit needs to be replaced

[Spayday]

My husband and I, are renting a home in North Carolina, where it is very hor and humid. The children in the household are ages 15, and 7. About 2 months ago our air conditioner broke, It cant be fixed, I needs to be replaced. There are many reasons why this property is not habital,eg. excessive heat, bugs, health, etc. I would like to take the rent money and go get some window units, because the landlord has failed to do anything about the situation. Can I do this? It is only going to get hotter. Thank You Sandra

 

[loudrich]

Well tell the landlord you will give them til friday to get a repairperson there to fix it, or you will buy the AC on his tab.

What does you lease say? if the AC are included then it is the landlord responsiblity to fix.

NO lease.... time to move

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Spayday:
My husband and I, are renting a home in North Carolina, where it is very hor and humid. The children in the household are ages 15, and 7. About 2 months ago our air conditioner broke, It cant be fixed, I needs to be replaced. There are many reasons why this property is not habital,eg. excessive heat, bugs, health, etc. I would like to take the rent money and go get some window units, because the landlord has failed to do anything about the situation. Can I do this? It is only going to get hotter. Thank You Sandra<HR></BLOCKQUOTE>

 

[cb]

Check your states rental laws. In my state, California, unless it specifically states in the lease the a/c will be provided, the landlord is not obligated to provide or repair the a/c. In CA, this does not apply to heating...heating is a must. But then California's climate is different form Texas', so Texas laws may be different when it comes to this issue.

Given that, if the landlord is not under any obligation to fix or provide a/c, and you pay for a new a/c or repairs to it, you probably will not be able to deduct it. Again check your states laws.

As far as the dwelling being uninhabitable, you should report the condition to the agency that regulates renting and tenants rights. There may be something they can do about that. They would probably also be your source for finding out your state's laws with respect to the a/c issue.

 

[loudrich]

If its a central air conditioning unit that is ALWAYS a landlords responsibility.

with window units its should be in a lease, who pays for repairs, if it is not then its the landlords responsibilty.

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Spayday:
My husband and I, are renting a home in North Carolina, where it is very hor and humid. The children in the household are ages 15, and 7. About 2 months ago our air conditioner broke, It cant be fixed, I needs to be replaced. There are many reasons why this property is not habital,eg. excessive heat, bugs, health, etc. I would like to take the rent money and go get some window units, because the landlord has failed to do anything about the situation. Can I do this? It is only going to get hotter. Thank You Sandra<HR></BLOCKQUOTE>

 

[Tracey]

NC law requires L to repair any AC unit supplied or required to be supplied. Therefore, even if the AC is not listed as an appliance, if it worked when you moved in L has to fix it. Send L a letter demanding he fix the AC. If he doesn't, ask the local court if you can pay your rent into the court until the AC is fixed. Many states allow this option as a way to force L to meet statutory repair duties. In my quick search, I did not find any repair & deduct remedies you could use. Ask L if he'd like you to pay someone to fix the AC & deduct the amount from your rent. (Use a licensed contractor, get a receipt, get the agreement in writing, & put a cap on the amount you can pay - usually 1 month's rent.)


§ 42-42. Landlord to provide fit premises.
(a) The landlord shall:
(1) Comply with the current applicable building and housing codes...
(2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
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(4) Maintain in good and safe working order and promptly repair all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied or required to be supplied by the landlord provided that notification of needed repairs is made to the landlord in writing by the tenant, except in emergency situations.
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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.