Ask Experts Questions for FREE Help!
Answer   ||    Advanced Search

Ask your question or search...
International Sites: Nederlandse experts vragen
User Name 
Password 
Join   Forgot password? 

Home > Law > Real Estate Law   »   requesting repairs

Question
 
 
#1  
Old May 20, 2008, 06:54 AM
celinda
New Member
celinda is offline
 
Join Date: May 2008
Posts: 2
celinda See this member's comment history on his/her Profile page.
I have been renting a townhouse for 3 years. My Air conditioner broke in mid April I attempted to contact my out of state landlord, asking it please be repaired or That I was willing to have it fixed and deduct the amount from the upcoming MAy rent. This was sent in a form of email, She contacted me some two weeks later and said No do not deduct from the rent, in fact she would have the air fixed after Mays rent was paid. It has been very warm and uncomfortable I have a small child with asthma and she has had some breathing problems due to the heat and humidity. I was attempting to reach a high ceiling fan to cool off a 86 degree house and I feel off a small latter pulling ligaments in my foot and putting me in a brace and on crutches. I have not paid the rent since she has yet to send anyone to fix the air. What are my rights? Can I not pay rent until fixed? If she fixes the air after I have been all month in heat do I owe the whole month rent or just a portion?
Thanks,
Celinda

Reply With Quote
 
     

Answers
 
 
Old May 20, 2008, 07:54 AM   #2  
Expert
JudyKayTee is offline
 
JudyKayTee's Avatar
 
Join Date: Oct 2007
Location: NY State
Posts: 18,292
JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.
[quote=celinda]I have been renting a townhouse for 3 years. My Air conditioner broke in mid April I attempted to contact my out of state landlord, asking it please be repaired or That I was willing to have it fixed and deduct the amount from the upcoming MAy rent. This was sent in a form of email, She contacted me some two weeks later and said No do not deduct from the rent, in fact she would have the air fixed after Mays rent was paid. It has been very warm and uncomfortable I have a small child with asthma and she has had some breathing problems due to the heat and humidity. I was attempting to reach a high ceiling fan to cool off a 86 degree house and I feel off a small latter pulling ligaments in my foot and putting me in a brace and on crutches. I have not paid the rent since she has yet to send anyone to fix the air. What are my rights? Can I not pay rent until fixed? If she fixes the air after I have been all month in heat do I owe the whole month rent or just a portion?


This should be a new thread - no one will see it here.

Send a registered letter stating that the air conditioner is a necessity and giving a time frame following receipt in which it must be repaired and after that date you are having it repaired and subtracting it from your rent. I'd say 48 hours. You MUST have proof the landlord was notified and while e-mails back and forth are admissible I think I'd make things as "legal" as possible.

You can always go to Small Claims Court and sue her for a portion of your rent - take your daughter's Doctor's statements that she NEEDS air condition - but then I would expect your lease not to be renewed. I'm not saying it's fair but, unfortunately, that's how these things usually work.

If you simply don't pay rent you can evicted on those grounds.

(Is it a possibility the landlord has made arrangements but the repair person hasn't been able to get there yet?)
  Reply With Quote
 
     
 
 
Old May 20, 2008, 08:59 AM   #3  
Computer Expert and Renaissance Man
ScottGem is offline
 
ScottGem's Avatar
 
Join Date: Jan 2003
Location: LI, NY - USA
Posts: 33,704
ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.
Pay to call ScottGem for advice ($.75/min)
Call ScottGem via Skype™
First its not a good idea to piggyback your question on someone elses. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

Judy is correct, you have NO right at this point to withhold rent. Nor do you have the right pay less than the required rent. The only way you can apply a portion of the rental to the repair is if you give the landlord a reasonable time frame to effect the repair and she doesn't.
  Reply With Quote
 
     
 
 
Old May 21, 2008, 08:45 AM   #4  
Expert
excon is offline
 
excon's Avatar
 
Join Date: Aug 2005
Location: On the outside
Posts: 13,292
excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.
Hello C:

Different states have different ways in which to legally deal with this issue. We have a copy of all the state landlord tenant laws right here at the top of the real estate page on a "sticky" note.

I'd go read your states law, and do what it says.

excon
  Reply With Quote
 
     

Your Answer
Email me when someone replies to my answer
Join Login



Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes
Ask your question or search...



Similar Threads
requesting travel permits
(1 replies)
requesting travel permits while on probation
(1 replies)
Requesting assistance
(2 replies)
Lease provided repairs vs. design/decorative repairs?
(2 replies)
helpdesk requesting
(6 replies)

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Search this Thread

Advanced Search

Bookmarks





Copyright ©2003 - 2009, Ask Me Help Desk.
All times are GMT -8. The time now is 02:35 AM.