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Old 06-06-2017, 12:51 PM
 
2 posts, read 1,109 times
Reputation: 10

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I am a tenant at an apartment complex and have had nothing but issues with them. I am a Pontiac, Michigan resident and moved into my apartment July 2015. Upon moving in, I have put on my checklist that my Air Conditioning was broken. I instantly contacted the leasing office and informed them (they knew it was broken). I have had multiple maintenance people (from the leasing office and the HVAC company) try to fix the unit. After calling numerous times during the first month (July 2015) I was informed by the manager at the time, that the leasing office will be replacing all of the A/C units within the week, so to sit tight. I sat tight for almost two years..... After calling for months and months on end and having many maintenance people come to "fix" my A/C, It was still not working, even after I would tell the maintenance people it doesn't run cold even after they charge it. I called for the last time May 22, 2017 only to the HVAC company tell me, my A/C unit is beyond repair and that it will need to be replaced. Mind you, this is more then a year and a half after I was told the first time they would be replacing the units. My lease is up in July 2017 and I have had nothing but problems with false accusations, harassment and neglect since living here. Am I able to sue the property management for the 2 years I have paid rent without A/C AND the enormous difference in my electric bill for having to run the not working A/C a lot of the time? The leasing office doesn't give me work orders for when they do work in the apartments, and the leasing office wont call me back with the name of the HVAC company....

PLEASE HELP!! I have already taken so many of my vacation days to go to court for a rent payment that THEY lost, and now I am going to court for two lease violations they have lack of proof on. I need all the advise I can get before I go to court on Monday for the false assumption and before I contact a lawyer to sue this property management company.
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Old 06-06-2017, 01:03 PM
 
Location: Los Angeles County
11,095 posts, read 9,054,557 times
Reputation: 29120
AC not working is only a habitability issue in a few states I think (Arizona for one). So unless your leases guarantees you use of an AC then you are probably out of luck. I'd have personally moved a long time ago or bought a window AC unit.
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Old 06-06-2017, 01:18 PM
 
Location: New York
1,492 posts, read 1,410,100 times
Reputation: 1821
Where any of your repair requests put in writing?

The electric bill is likely on you. Why would you run a non-working AC?
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Old 06-06-2017, 01:49 PM
 
2 posts, read 1,109 times
Reputation: 10
They do put in writing when they sent out the work order request, but every time I ask for a copy, they tell me they have shred the work order information for "my own protection". The reason I ran the broken AC was because of the multiple attempts to try and fix it by the maintenance people, they would tell me to run the air for 24 hours to let the charge run through the unit. So, after numerous attempts, my air would run without shutting off. Hence, almost double in charges for the summer months compared to the winter months. Michigan Law states that if the apartment is uninhabitable, then I have the right to with hold rent or reduce the price I pay with the leasing offices consent. Since I am extremely patient and since they would tell me every time I called that it would be fixed the next day, I thought it unnecessary to file a court form to with hold my rent until my AC is fixed.

Honestly, I would have moved out at the renewal of my lease in 2016, but at the time I had gone to court for the lost payment and did not have any money saved at the time, so I would have had no where to live.

I really appreciate the responses and the time you put into helping me out!
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Old 06-06-2017, 02:01 PM
 
Location: New York
1,492 posts, read 1,410,100 times
Reputation: 1821
Quote:
Originally Posted by meryllnn View Post
They do put in writing when they sent out the work order request, but every time I ask for a copy, they tell me they have shred the work order information for "my own protection". The reason I ran the broken AC was because of the multiple attempts to try and fix it by the maintenance people, they would tell me to run the air for 24 hours to let the charge run through the unit. So, after numerous attempts, my air would run without shutting off. Hence, almost double in charges for the summer months compared to the winter months. Michigan Law states that if the apartment is uninhabitable, then I have the right to with hold rent or reduce the price I pay with the leasing offices consent. Since I am extremely patient and since they would tell me every time I called that it would be fixed the next day, I thought it unnecessary to file a court form to with hold my rent until my AC is fixed.

Honestly, I would have moved out at the renewal of my lease in 2016, but at the time I had gone to court for the lost payment and did not have any money saved at the time, so I would have had no where to live.

I really appreciate the responses and the time you put into helping me out!

The problem you have is that under Michigan law, the lack of AC does NOT make the apartment uninhabitable.

You can not withhold rent.
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Old 06-06-2017, 02:02 PM
 
866 posts, read 450,442 times
Reputation: 2335
If somebody was kicking me in the balls for a year, I probably wouldn't sign a new lease expecting them to not keep kicking me in the area between my taint and my FUPA.

I'm not seeing a likely successful basis for a lawsuit. What I do reccomend is being far less "patient".

When people are lying to my face, I'm not a nice person. Work on your "inner biach".
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Old 06-06-2017, 02:09 PM
 
Location: Old Hippie Heaven
16,375 posts, read 7,171,473 times
Reputation: 9308
Quote:
Originally Posted by meryllnn View Post
I am a tenant at an apartment complex and have had nothing but issues with them. I am a Pontiac, Michigan resident and moved into my apartment July 2015. Upon moving in, I have put on my checklist that my Air Conditioning was broken. I instantly contacted the leasing office and informed them (they knew it was broken). I have had multiple maintenance people (from the leasing office and the HVAC company) try to fix the unit. After calling numerous times during the first month (July 2015) I was informed by the manager at the time, that the leasing office will be replacing all of the A/C units within the week, so to sit tight. I sat tight for almost two years..... After calling for months and months on end and having many maintenance people come to "fix" my A/C, It was still not working, even after I would tell the maintenance people it doesn't run cold even after they charge it. I called for the last time May 22, 2017 only to the HVAC company tell me, my A/C unit is beyond repair and that it will need to be replaced. Mind you, this is more then a year and a half after I was told the first time they would be replacing the units. My lease is up in July 2017 and I have had nothing but problems with false accusations, harassment and neglect since living here. Am I able to sue the property management for the 2 years I have paid rent without A/C AND the enormous difference in my electric bill for having to run the not working A/C a lot of the time? The leasing office doesn't give me work orders for when they do work in the apartments, and the leasing office wont call me back with the name of the HVAC company....

PLEASE HELP!! I have already taken so many of my vacation days to go to court for a rent payment that THEY lost, and now I am going to court for two lease violations they have lack of proof on. I need all the advise I can get before I go to court on Monday for the false assumption and before I contact a lawyer to sue this property management company.
You can sue anyone for anything. The question is whether you are likely to win, and whether your winnings would outweigh the costs of bringing a suit in the first place. Suing is not free.

Whether you would win this one depends entirely on the laws of the state where you live.

I suspect you wouldn't, given what other folks have said. It also sounds like you are just now making a big deal of the A/C because of the other issues you are having.
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Old 06-06-2017, 03:58 PM
 
Location: BNA
459 posts, read 230,674 times
Reputation: 1133
Quote:
Originally Posted by meryllnn View Post
I am a tenant at an apartment complex and have had nothing but issues with them [since 2015].
It's now the middle of 2017. What's your excuse?
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Old 06-06-2017, 04:05 PM
 
6,927 posts, read 2,685,264 times
Reputation: 18663
Are you still on the lease? Did you sign a lease after living there - say, for a year - without a working air conditioner?

I'd think no, after 2 years of this, you have no basis to sue but I would think they'd have to let you out of the lease.

Is there some reason you haven't moved before this time?
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Old 06-06-2017, 05:13 PM
 
33,046 posts, read 20,786,319 times
Reputation: 8928
It is customary for states and municipalities to require occupied dwellings be kept to or above a MINIMUM temperature, but I've never seen a mandated MAXIMUM temperature anywhere.
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