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He needs to buy a cheap window unit and install it. He can probably sell it afterwards.
I live in Alabama, and a/c was off at our school for a month in May. That was hot.
Our a/c went out, and we purchased a new HVAC system. Unfortunately, it was 2 weeks before it could be installed. Our house got so hot that they couldn't test the heating portion because they couldn't cool the house below 100 degrees. Sure enough, it didn't work correctly come November. We do own our home, by the way.
We survived because of a window unit. The only room that cooled down was the sunroom, which wasn't on the central system.
Our window unit was only about $150. That's cheaper than several days in a hotel. And like I said, he can resell it on Craig's List and get most of his $$$ back.
He needs to buy a cheap window unit and install it. He can probably sell it afterwards.
I live in Alabama, and a/c was off at our school for a month in May. That was hot.
Our a/c went out, and we purchased a new HVAC system. Unfortunately, it was 2 weeks before it could be installed. Our house got so hot that they couldn't test the heating portion because they couldn't cool the house below 100 degrees. Sure enough, it didn't work correctly come November. We do own our home, by the way.
We survived because of a window unit. The only room that cooled down was the sunroom, which wasn't on the central system.
Our window unit was only about $150. That's cheaper than several days in a hotel. And like I said, he can resell it on Craig's List and get most of his $$$ back.
Isn't a habitability issue in CA, it is a habitability issue other places.
Even here in AZ where it is a habitability issue what you suggest is a big no go. The lowest time frame I've seen given to a LL here is 5 days and I've seen longer.
But we’re talking about California not Arizona. Regardless it’s just abput impossible to get a AC guy out that day or even the next day or even like you said 4/5 days later to look at it. Unless you know a AC guy. I happen to know one but even then I couldn’t get him out that day. Contrary to every tenants belief I don’t have a repair guy in my pocket.
Quote:
Originally Posted by CrabbyAppleton205
Not habitability issue? It's currently 115 in his apartment.
You asked what your brothers recourse is in such instance. I’m simply telling you that as far as the rental law is concerned non working AC is not a habitability issue in California. Where your brother is located. You can keep cool by drinking ice water, cold towel over your torso, having a fan or a personal AC unit running. But not having a working AC unit is not a legal reason to withhold rent in Ca. The tenant using a withholding rent tactic, the tenant would be in violation of the lease and can be penalized.
And the chances of getting a AC repairs at this current time would be impossible. I guarantee you EVERY AC guy that’s working is out there working right now.
Your brother is not the only one that’s miserable right now.
Like NMSFM said he could use a breach of contract argument as the unit had a working AC system, to which the LL could say you’re absolutely right. I am in breach of contract. You are within your right to move as the house is uninhabitable. Please move out ASAP.
There are rules as to how a complaint is filed responded and ultimately completed. You can’t just call, say hey fix my ac or I’m witholding rent. Doesn’t work that way.
There are ways to approach a LL. In such scenarios basically the lease was written by my lawyer. I’m sure he has his reasons to write it in. I’m not going to remove it. You’re not going to get a lot of cooperation out of your LL if you start witholding rent.
Now I happen to have great tenants that pay on time and keep my rentals in great shape. If one called me I would do wha5 I could to keep them happy. If I had to direct them to get a hotel room I would. If they bought a small indoor AC unit I would reimburse them and keep the unit for such emergency. I would call a AC guy. I don’t have a issue keeping a tenan5 happy. If they came at me with crazy attitudes screaming theire witholding rent it would be a different story.
Ultimately we dont have such heat waves. Yes it gets hot out here. Most people deal with it.
Last edited by Electrician4you; 07-07-2018 at 10:28 PM..
But we’re talking about California not Arizona. Regardless it’s just abput impossible to get a AC guy out that day or even the next day or even like you said 4/5 days later to look at it. Unless you know a AC guy. I happen to know one but even then I couldn’t get him out that day. Contrary to every tenants belief I don’t have a repair guy in my pocket.
You asked what your brothers recourse is in such instance. I’m simply telling you that as far as the rental law is concerned non working AC is not a habitability issue in California. Where your brother is located. You can keep cool by drinking ice water, cold towel over your torso, having a fan or a personal AC unit running. But not having a working AC unit is not a legal reason to withhold rent in Ca. The tenant using a withholding rent tactic, the tenant would be in violation of the lease and can be penalized.
And the chances of getting a AC repairs at this current time would be impossible. I guarantee you EVERY AC guy that’s working is out there working right now.
Your brother is not the only one that’s miserable right now.
Like NMSFM said he could use a breach of contract argument as the unit had a working AC system, to which the LL could say you’re absolutely right. I am in breach of contract. You are within your right to move as the house is uninhabitable. Please move out ASAP.
There are rules as to how a complaint is filed responded and ultimately completed. You can’t just call, say hey fix my ac or I’m witholding rent. Doesn’t work that way.
.
I understand all of your points. But, the argument you used above doesn't work. You can't say on the one hand that a/c isn't a habitability issue in CA, then say the tenant can move out because the unit is uninhabitable because it doesn't have a/c.
If the tenant had a breach of contract issue, that is not a reason to evict someone. In fact, in CA, you can't evict someone for 6 months after they exert a legal right against a landlord.
We're both just giving the legal options here, which is what was asked by the OP. We agree that not having a/c is not a habitability issue, and the tenant can't withhold rent.
However, that doesn't mean there aren't any other avenues available to a tenant. And as you said, it's all about presentation and attitude. It's my understanding that the manager was really rude and uncaring about the situation, hence the angry OP.
So, it goes both ways. If a manager is obnoxious, they prompt the tenant to take legal action - just as if a tenant is obnoxious, you won't be in as big of a hurry to fix their a/c.
I happen to be dealing with horrible management companies now that I'm in subsidized housing. Yes, you definitely get what you pay for. But, that doesn't mean I have to take it lying down. Tenants don't have to put up with obnoxious landlords, either. And their only option is not either take it or move.
Tub of Cool Water or Cool Showers... walk in a indoor mall, movies ....lots of things to do till the sun goes down. How ever those windows open even a crack Open them ... o turn on the Exhaust Fans. Got Dogs Cold wet towels...
Tub of Cool Water or Cool Showers... walk in a indoor mall, movies ....lots of things to do till the sun goes down. How ever those windows open even a crack Open them ... o turn on the Exhaust Fans. Got Dogs Cold wet towels...
He's decided he's going to just sit there and suffer. Family.... can't live with them, can't leave them by the side of the road.
Our tenants' in El Cajon AC went out yesterday. It was 112
I told them to go grab a room at the Marriot, that I would pay for it, but they declined, said they would rough it.
Today when the HVAC Repairman came, they told me that the should have taken my advice.
That's what my LL/boss would of done as well.
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