renters problems please advise (leasing, attorney, tenant)

[sunshineshallow]

well we still have no air. the motor is broken and they have to get a new one in the morning since they showed up at my house at 6:45 this evening. yuck its a hot one today too!
I'd like to figure out a way to possibly get out of my lease I have a few things that they never complied with from the beginning and just put me off on, I'm going to research and see what i can do. Thanks everyone for your input, cross your fingers for me!

[kmerian]

Unfortunately, Texas law does not recognize not having an A/C as a legitimate reason to break a lease. Open the windows, get a fan and wait, sorry.

[sinsativ]

Like I stated before, first, your individual lease, and the requirements for your child, is it health threatening. Also the terms of your lease agreement should state how long it takes for them to repair a problem. The law is:
§ 92.052. Landlord's Duty to Repair or Remedy
(a) A landlord shall make a diligent effort to repair or remedy a condition if:
(1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid;
(2) the tenant is not delinquent in the payment of rent at the time notice is given; and
(3) the condition materially affects the physical health or safety of an ordinary tenant.

[SIZE=2]§ 92.056. Landlord Liability and Tenant Remedies; Notice and Time for Repair[/SIZE]
[SIZE=2] (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties.[/SIZE]
[SIZE=2] (b) A landlord is liable to a tenant as provided by this subchapter if:[/SIZE]
[SIZE=2] (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid;
(2) the condition materially affects the physical health or safety of an ordinary tenant;
(3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, or by registered mail;
(4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3);
(5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and
(6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given.[/SIZE]
[SIZE=2] (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord.[/SIZE]
[SIZE=2] (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered.[/SIZE]
[SIZE=2] (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may:[/SIZE]
[SIZE=2] (1) terminate the lease;
(2) have the condition repaired or remedied according to Section 92.0561;
(3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and
(4) obtain judicial remedies according to Section 92.0563.[/SIZE]
[SIZE=2] (f) A tenant who elects to terminate the lease under Subsection (e) is:[/SIZE]
[SIZE=2] (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later;
(2) entitled to deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit according to law; and
(3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563.[/SIZE]
[SIZE=2]Acts 1983, 68th Leg., p. 3635, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, § 5, eff. Aug. 28, 1989. Amended by Acts 1997, 75th Leg., ch. 1205, § 11, eff. Jan. 1, 1998.[/SIZE]

[johnrex62]

Unless there is an existing medical condition, or the a/c breakdown is during an unusually extreme heat wave for the region (over 100 degrees for this region is probably reasonable), there is unlikely to be a reasonable expectation of a health risk due to heat. It may be uncomfortable and upsetting, but many people live year round in the same heat with only fans or open windows in this area of the country. It is fairly normal living circumstances here.

I have lived through 98 degree summer without working A/C and I am definintely accustomed to an indoor 60 degree climate during the summer, so I was assuredly discomforted by the ordeal. I am not unsympathetic to the suffering incumbent to the situation. I am equally unmoved by pleas of health risks to healthy children and cries of rent abatement due to the inconvienence.

I am not a landlord, and do not aspire to ever join the ranks of those underappreciated and despised individuals. I am a former renter and well acustomed to the feelings of helplessness as one waits for a property management company or an owner to respond to a urgent issue.

The legaleese cited above is a lot of nice syntax to afford protection for consumers against unresponsive landlords, but it does not abate the obligations of a tenant to pay rent in full as long as there are reasonable efforts made to remedy the malfunctions of the property, even if a health risk is incurred by the malfunction. Only if the landlord does not attempt in a timely fashion to rememdy or provides an inappropriate remedy does this verbage provide payment relief for the tenant.

Sorry for bursting the bubble Sensativ, but it just doesn't cover this scenario. Perhaps if we were talking burst waste lines and raw sewage in the property and the damage fell under city code violations.....but not A/C damage.

[sinsativ]

I mentioned if, and she stated she had other problems as well. Not stating go hog wild and dont pay, but its sometimes better to have a hammer to hit a nail with then a wet noodle.

[lea nicolaides]

Air force family 3 kids rented a house in san antonio texas 2 ys ago
the owner call and ask to do a visit.
Request for the family to vacated the house on 23 dec 2010.
The owner daugther and two friends, are going to attend college
close to the house.
Are there any law to protect then? Or extend the time? Husband will retire in 2ys.
Regards
lea

[kevcrawford]

read the lease

[momma2cni]

I recall, about 5 years ago or so, that if the tenant lived in the rental for four or more years, regardless of the state of the carpet, they were not responsible for damages since the landlord would be required and find it reasonable to replace after 4 years. If this is true or something similar, can someone please provide me a link?

Thanks,
A

[goodmanm]

If it was taken care of why would it have to be replaced? If the carpet was damaged and not fixed during your stay you should be responsible for damages.

[jayyydee]

How about landlord signing 18 month lease and at the end of 12 months charge 350 extra to stay in apartment. When the office was questioned, they informed me that the leasing agent made an error. Who has rights?