Landlord stalling on A/C repair

[greenlady]

What is the name of your state (only U.S. law)? VA

I read through a number of past posts similar to my issue but nothing exactly the same so I wanted to post.

I rent a single family house from a small realty co. I have been in the house for almost 2 years (Sept) and have had numerous problems every season with my HVAC system (3-4 breakdowns every winter and summer). My LL has sent his DIY repair guy over everytime and sometimes he can fix it and sometimes he can't. This summer there have already been 4 service calls for no air. A professional company was called by the LL (after his guy couldn't fix it) early in the season and they replaced 2 substantial parts on the outside unit. It broke again this past Monday and after 3 more visits by his repair guy and a visit by a professional company (who he wouldn't authorize to do the repairs due to the high estimate), and then a visit from a master technician who is also a friend of the LL, the system has now been found to be unrepairable.

After the second night of sleeping in my house with an indoor temp of 90 degrees (and I have asthma), I bought 2 window units to hold me over until they could come to a solution. Now that we know the system is unrepairable, I'm quite sure the LL will continue to stall as long as he can because he has told me he can't afford to put a new system in the house.

I know there is no "repair and deduct" law in VA and I have to give him written notice to make the repairs and a "reasonable" amount of time before I begin to put the rent in an escrow acct with the court. My question is, how long is a reasonable time with regard to A/C repair in the middle of summer? The VA renters rights guidelines say its usually between 21 and 30 days except in emergencies, so is this considered an emergency? Also, he is risking damage in the form of mold and mildew as I did not purchase window units to cool every room, only the common areas and my bedroom.
And given the fact that he is supposed to be putting us up in a "suitable location" while the A/C is out but I have chosen to stay and just use the window units I bought, can I deduct what I paid for the units from the rent?
Any info would be helpful.
Thank you.

 

[FarmerJ]

Ok you have your own temp solution now, your windo ac units. BUT nows the time to get it all in writting, send to the LL a written on paper letter via certified mail that the HVAC system is still not repaired and that if its not in working order soon you will not be held responsible for any mold / mildew damages to the home and if it is not repaired in a timely manner you will have no choice but to call in local city / county housing inspections (since the system is used for heating? ) since the same system is used for heat. send certified , staple your rect to your copy of the letter and if by chance LL doesnt pick it up , it wont matter , you will have created a paper trail proving you complained. btw if he doesnt pick up the letter DO not open the letter you sent to him, it must remain closed and intact if needed for court.

 

[Who's Liable?]

the system has now been found to be unrepairable.

What WRITTEN proof do you have of this?

I know there is no "repair and deduct" law in VA and I have to give him written notice to make the repairs and a "reasonable" amount of time before I begin to put the rent in an escrow acct with the court. My question is, how long is a reasonable time with regard to A/C repair in the middle of summer? The VA renters rights guidelines say its usually between 21 and 30 days except in emergencies, so is this considered an emergency?

You could call your local code enforcement department. Somethings they can get the LL to move along faster. I would send them a letter, sent CRR, stating they have 15 business days to repair said unit or you will take legal action.

Also, he is risking damage in the form of mold and mildew as I did not purchase window units to cool every room, only the common areas and my bedroom.
And given the fact that he is supposed to be putting us up in a "suitable location" while the A/C is out but I have chosen to stay and just use the window units I bought, can I deduct what I paid for the units from the rent?
Any info would be helpful.
Thank you.

You cannot deduct for the cost of the window units.

Do everything in WRITING. It creates a paper trail.

 

[greenlady]

What WRITTEN proof do you have of this?


You could call your local code enforcement department. Somethings they can get the LL to move along faster. I would send them a letter, sent CRR, stating they have 15 business days to repair said unit or you will take legal action.


You cannot deduct for the cost of the window units.

Do everything in WRITING. It creates a paper trail.

I don't have written proof of it. I was here when the repairman the LL sent over said it was unrepairable. He told me that as he was leaving and then called the LL to tell him the same thing.

Thank you all for your help. I will start the paper trail now.

 

[John_DFW]

Emailing yourself a written recollection of the statements made by the repairman and phone conversations with landlord at least puts a time stamp on it and helps you remember should you need it later.

Might be best you can do at this point, besides sending the suggested crr.