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Old 07-02-2012, 10:08 AM
 
Location: san antonio
332 posts, read 527,225 times
Reputation: 208

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Quote:
Originally Posted by dba07 View Post
Wait, I'm pretty sure if the temps reachj a certain level, by law they must provide you with ac. Whats with SA and lousy air conditioners/repairmen???
sadly, you are mistaking. they are only required IF you have an existing medical condition that requires the temp to stay within a certain margin. other than that, unlike arizona, texas rentals and houses are not required to have ac

Quote:
Originally Posted by TexasRedneck View Post
Yeppirs - all equipment included in the property is required to be maintained. If it didn't have a/c, they aren't required to provide it - but if it's there, they gotta keep it up.

.
sadly, no they dont (in regards to AC). only if it presents a health risk are they required to maintain it. in texas and most states, the landlord is under no obligation to replace a non-functional AC unit. you can call 311 and they will connect you to the proper department that will clarify this for you.

Is Air Conditioning a Right?

in fact, arizona is the only state (that my research yields, and only in certain parts) that requires AC. the rest, its on your dime unless you can convince the LL to replace/repair it

Quote:
Originally Posted by TexasRedneck View Post
If it didn't have a/c, they aren't required to provide it - but if it's there, they gotta keep it up.
please cite the section in code that requires this, because the only section that mentiones AC being required is also tied in with there must be a health reason for the repair. other than that, the code spells it out that a LL is not required to maintain or replace an AC unit if it goes bad. its considered an amenity here, not a right.

please call 311 and speak to the city development department for clarification.

CollegeNET Forum - Is Air Condition A Right?

looks like their might be a lawsuit in the works to change this law in texas.

Last edited by BstYet2Be; 07-02-2012 at 11:26 AM.. Reason: Consecutive posts (4) by same OP
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Old 07-02-2012, 11:02 AM
 
431 posts, read 1,199,486 times
Reputation: 350
Texas Tenants Advisor states:

Does my landlord have to provide me with a heating and / or air conditioning?

The landlord must provide you with heat. If the landlord leases you a unit with an air conditioner, then the landlord must maintain the air conditioner.
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Old 07-02-2012, 11:17 AM
 
Location: New Braunfels, TX
7,105 posts, read 11,755,081 times
Reputation: 7988
Quote:
Originally Posted by lessQQmorePEWPEW View Post
please cite the section in code that requires this, because the only section that mentiones AC being required is also tied in with there must be a health reason for the repair. other than that, the code spells it out that a LL is not required to maintain or replace an AC unit if it goes bad. its considered an amenity here, not a right.

please call 311 and speak to the city development department for clarification.
"Code" is one thing....there's also Contract Law.
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Old 07-02-2012, 12:53 PM
 
Location: san antonio
332 posts, read 527,225 times
Reputation: 208
Quote:
Originally Posted by TexasRedneck View Post
"Code" is one thing....there's also Contract Law.
can you cite me something in contract law that would trump this:

Quote:
According to the Texas Property Code, tenants have the right to have repaired any condition that threatens their health or safety.
that's from the link heimerswt provided. unless the A/C going out threatens health or safety, its not required to be repaired. (there is, however, conflicting information at the bottom that says they are required to fix your ac. code says they arent nor are they required to replace it or provide it)

for a more definitive answer, i suggest you call the numbers listed at the bottom. legal aid will tell you that AC is not required. i asked aaron haas, who used to work there(is now in new york with his own firm).

please report back if you do get an answer from them that contradicts what i've been told. i'd be most interested to know what law firm said that.

Last edited by lessQQmorePEWPEW; 07-02-2012 at 01:34 PM..
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Old 07-03-2012, 12:01 PM
 
Location: san antonio
332 posts, read 527,225 times
Reputation: 208
Quote:
Originally Posted by heimerswt View Post
Texas Tenants Advisor states:

Does my landlord have to provide me with a heating and / or air conditioning?

The landlord must provide you with heat. If the landlord leases you a unit with an air conditioner, then the landlord must maintain the air conditioner.
would a provision in a lease stating that the LL will not replace/repair the ac unit supersede tenant/state law?
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Old 07-03-2012, 02:42 PM
 
Location: San Antonio
1,287 posts, read 3,805,712 times
Reputation: 928
Quote:
Originally Posted by dba07 View Post
Wait, I'm pretty sure if the temps reachj a certain level, by law they must provide you with ac. Whats with SA and lousy air conditioners/repairmen???
That's hilarious. Lots of people here don't even have A/C.

Quote:
Originally Posted by TexasRedneck View Post
Yeppirs - all equipment included in the property is required to be maintained. If it didn't have a/c, they aren't required to provide it - but if it's there, they gotta keep it up.
Not necessarily true, it depends on the term of your lease. Now saying that I think it's generally industry standard, but as with anything you need to be aware of the fine print before signing. A few years ago when I was renting my landlord was surprised to find out he was responsible for fixing the dryer that went out.
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