Re: retaliation? - Landlord Forum thread

Re: retaliation? by Anonymous on February 8, 2010 @09:53

Doing everything right? There are rusty and cracked steps they say are corroded. They have known about these for some time, but have yet to follow through on getting even estimates for repair on them. That's a lawsuit waiting to happen. You should have continued to call for estimates on repairs and scheduled these.

They have a unit with no heat and they don't plan on installing heat and remedying the situation for a month! You can't do that! Lack of heat is a habitability issue that must be addressed within only a few days, not a month. Space heaters would be fine for a couple of days, not a month. The AC units could have waited longer to be done - they are not habitability issues.

You need to prioritize issues. The stairs should have been fixed, not the AC units. The heat needs fixed now.

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Re: retaliation? by bayoupots (TX) on February 8, 2010 @20:34

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in response and defense to the heater issue--down here on the Gulf Coast of TX--one cannot live without AC for one day without dying of heat and humidity in June-Sept. In the winter we have 75 degree days much of the winter. Yes-when it gets cold, it gets cold--30's are really unusual--but that only lasts a few days here and there. We have gone for the last few yrs. with no freezes, so that is why the heater is not such a dire issue and the tenants were not too upset about the space heater fix. But, we prorated the rent and put new unit in today. Yes--I have to admit the stair issue should have been addressed more aggressively before now and we are suffering for it...

Re: retaliation? by Anonymous on February 9, 2010 @09:35

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But very few state laws address A/C as a habitability issue. A/C is not required by codes in most places. (Couldn't find where it is required in TX code.) Almost all state laws address heat as a habitability issue. Heat is required to be maintained. Lack of heat usually qualifies for rent withholding and the ability to terminate if not repaired within a reasonable time. (A month is NOT reasonable.) Tenants can't terminate for lack of A/C. Houston's highs are only in the 40s now with lows in the 30s. They need heat, not a few space heaters to keep a room or two warm. They can live with fans in the summer when no A/C. They can't live without heat on these temperatures!