Re: retaliation? - Landlord Forum thread

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

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...

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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!