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Help!!! My A/C has been broken for 42 days!!! - Landlord Forum thread 354472







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Excuses!

Help!!! My A/C has been broken for 42 days!!! by Anonymous on October 1, 2017 @00:21

                              
I am in serious need of advice on repair issues for my apartment I am renting...
First issue is my A/C stopped working completely on August 14, 2017. I immediately informed my landlord about this, being it WAS August and the heat in these months are unbearable in Tampa Bay area and having no air makes living conditions almost unbearable. However, since that date, I have had a repair tech here 4 times, took off 4 days with loss of wages, to sit here and wait on the tech, and even on the fourth day that a tech was scheduled to come out between 9:30am to 12:30pm, and he did not arrive until 6:30pm and walked in and out. The unit is still under a manufactures warranty so only LG is able to make any repairs or replacements. With that being said I have called LG myself my landlord has been doing his do diligence as far as staying on top of the situation. However I am still without a/c. It may not be his fault but it is still his responsibility. This has caused a major disruption to my life and not to mention I have a 3rd grader. I have had to purchase a window unit and 3 or 4 fans, out of my own pocket, roughly about $200. As of today my landlord informed me that LG will be sending a new unit here on this coming Wednesday, which will be a total of 46 days, without air. I have yet to pay my rent for this month and my landlord thinks it is fair for him to deduct only $100 from my rent for the month of September. BUt the problem is, due to the unbearable heat and unlivable conditions in the home due to the heat, not able able to cook without sweating or doing any normal activities in the home and not to mention we just went through the ordeal of hurricane Irma, I am truly frustrated with the entire situation. I dont think the $100 deduction is fair considering I have had to spend more than that out of my own pocket for a situation that is of no fault of my own, it has been a total inconvenience to my life...
Not to mention, in the month of June, June 19th, 2017 to be exact, my refrigerator stopped cooling, after going back and forth with my landlord for a few weeks of him telling me to completely defrost the refrigerator, basic trouble shooting, which I did. The frig still was not cooling at all. and 6 months prior to this I had already mentioned to him that I didn think the frig was working right but it was never addressed til June. After a bunch of back and forth and almost 8 days later, the landlord finally did replace refrigerator, but this was after buying coolers and ice for a week trying to save as much food as possible, which was unsuccessful, so i had significant food loss due to that issue...
Also, on June 20th, 2017, a day after the frig stopped working, the A/C stopped working for the first time as well, at midnight the middle of the night. Once again I contacted my landlord immediately, and that time I was without a/c for a total of 9 days, in the middle of summer.
There was no offer for any deductions of my rent nor for the food loss, I was very understanding and patient as I have been now, but this is to the point of being absolutely unacceptable and I don't think it is fair to me at all, that I have to contentiously come out of my own pocket to replace and pay for so much for situations that are not my responsibilities. I even sent a text to my landlord, telling him all the money I have spent due to all the issues, a break down of all the cost and money I have spent. I have receipts for the food I had to replace, the a/c unit I had to purchase, I have personally spent over $300 of my own money and I dont think it is fair that he will only take a $100 off this months rent when I have been dealing with no a/c since August and all the issues from June, and now it is almost October and I am still without cool air, going into a 3rd month...and today my landlord is requesting the rent and put it to me as if he was doing me a favor by taking off 100 bucks...
I know 9 or 42 days is not an acceptable time frame for any repair, and also after the frig ordeal I don't think I am being treated fairly at all and really don't know what to do...there are many many more details to the situation, but I have gone above and beyond to be patient and accommodate, be understanding. I have lived here for over 2 years and have never missed paying rent or been late. I am feeling like I am really being taken advantage of and I dont think its fair by any means that only $100 dollars for one months rent is fair, especially since there has been on going issues since June 2017... Even Noah found land in days, this is to the point of ridiculousness and if anyone can tell me what I can do or am I wrong for being this upset? Help!!!
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Re: Help!!! My A/C has been broken for 42 days!!! by Anonymous on October 1, 2017 @02:12 [ Reply ]
In one sentence, what is your question? Way too much unnecessary verbiage.
Re: Help!!! My A/C has been broken for 42 days!!! by Huckleberry on October 1, 2017 @11:05 [ Reply ]
mail a copy of receipts during the time you were dealing with the AC issue. Then pay whatever the difference between the rent would be. Explain the break down of his AC is his responsibility to maintain. As well as his issue to be available to allow a tech to get into the property to repair the AC unit.
Keep all you records and if you get served an eviction notice you answer to the court the issue of a broken AC unit for 42 days. In most cases the LL would loose this case.
For future you should put all issues in writing and sent to the LL. Certified and regular mail.
Sound like you are a great T. But you need to be more like a rattle snake and less like a rug. Un-less you enjoy being walked on.
Re: Help!!! My A/C has been broken for 42 days!!! by Nicole (PA) on October 1, 2017 @11:21 [ Reply ]
I agree ... WAY too much in here to wade through.

where I live, you can't deduct your costs from the rent like stated below ... you will be on the losing end of the "battle". here, you need to pay the rent to the courts.

I live in the north so it's naturally different but no air conditioning is inconvenient and uncomfortable but not a habitability issue ... remember, folks lived a lot of centuries without it !!
Re: Help!!! My A/C has been broken for 42 days!!! by Anonymous on October 3, 2017 @13:46 [ Reply ]
First, You should seek legal advice. Many Attorneys in Tampa offer free consultations.

What needs to occur by Florida law is that the tenant (you) needs to issue a "seven day notice of non compliance" letter to the landlord. By law the landlord needs to make any listed repair within seven days, or the tenant (you) may terminate the lease. An attorney can help draft your letter.

Your landlord is in breach of the lease for failure to maintain the air conditioning. Habitability is not what is involved here, but contract law. The landlord is required to maintain what was included in the lease.

The "seven day notice" allows you also to withhold rent and allows a defense if the landlord tries to evict you.
If this proceeds to court, a "motion to determine rent" can be filed with the court to determine if any rent is due if at all.

The courts by law, generally allow the tenant the greater of damages; three months rent or actual damages, court cost and attorney fees. This could cost the landlord many thousands of dollars.

42 days without air conditioning is egregious as the landlord could have called more than one repair service.

You may claim the failure to maintain the refrigerator as a separate violation. That would allow you addition damages under Florida as each violation is counted separately.

If you feel that you are not receiving prompt repair service due to your protected class, you may wish to inquire into filing a discrimination complaint. For example, your landlord is non responsive because you have children, single parent, etc.

In the end, you may need to consider moving. You can ask the court to require the landlord to pay moving cost and any difference in rent you may incur by having to rent at a higher amount.

Again, an attorney would be you best bet to handle these issues.


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