Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   No air (https://www.askmehelpdesk.com/showthread.php?t=665429)

  • May 30, 2012, 04:15 PM
    RonnaKay
    No air
    My sister has been living in a house for a few years now. She has never signed a lease.The air conditioning has been out for some time. She has purchased window units for the house. She had asked if the price of the units could be taken off the rent and his response was lets wait and see. She has offered to have the air fixed in leu of paying the rent . His response to that was excuses of wedding bills, college, graduation... blah blah blah. It is now almost June and it is hot in southern Bama. Does she have any avenues to exhaust ? She can't afford to move with deposits and such. Thanks for any input!
  • May 30, 2012, 05:00 PM
    JudyKayTee
    Did she rent - and how long is a few years - with the air conditioning (central, window units) working? That air has been out for "some time." How long is that?

    She sends him a letter demanding the same amenities (air) that she had when she first rented. He either complies or evicts her for whatever reason he can come up with in MOST areas.

    Or she pays for the window units herself and stays.

    Yes, it's not fair.
  • May 30, 2012, 05:03 PM
    ballengerb1
    She could try to give the LL a bluff and give him 30 days notice that she is moving. That may get him to repair the HVAC rather than chance having no tenat for a month or two. With no written lease she likely has no other legal recourse
  • May 30, 2012, 05:06 PM
    ScottGem
    She should check with the local housing dept for the laws in her area. Generally she can give the landlord x days to fix the problem or she will have someone fix it and take the costs out of the rent. But to do this she has to follow an exact process and she needs to know what the process is.
  • May 30, 2012, 05:39 PM
    smoothy
    I am assuming they are in the Bahamas...

    Laws there could be anything... In Italy for example... the renter is responsible for everything... including plumbing.
  • May 30, 2012, 06:20 PM
    AK lawyer
    Quote:

    Originally Posted by smoothy View Post
    I am assuming they are in the Bahamas...
    ...

    My guess would be Alabama:

    Quote:

    Originally Posted by RonnaKay View Post
    ... it is hot in southern Bama. ...

    Lots of people around here can't spell any words that have more than two syllables. And proper use of apostrophes? Forget it. :(

    "2009 Alabama Code
    Title 35 — PROPERTY.
    Chapter 9A — UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT.
    Section 35-9A-204 Landlord to maintain premises.

    (a) A landlord shall:

    (1) comply with the requirements of applicable building and housing codes materially affecting health and safety;

    (2) make all repairs and do whatever is necessary to put and keep the premises in a habitable condition;

    (3) keep all common areas of the premises in a clean and safe condition;

    (4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
    ..." Section 35-9A-204 Landlord to maintain premises. :: Chapter 9A — UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT. :: Title 35 — PROPERTY. :: 2009 Alabama Code :: Alabama Code :: US Codes and Statutes :: US Law :: Justia
  • May 30, 2012, 06:23 PM
    ScottGem
    Actually I think its Alabama
  • May 30, 2012, 06:41 PM
    smoothy
    You might be right... I've heard the Bahamas refereed to as Bama by someone from the Caribbean... but Alabama does make more sense
  • May 30, 2012, 10:34 PM
    RonnaKay
    Almost 4 yrs in house. Air put for two months. I am not from "Bama" , Alabama, to those of you that an spell more than two syllables. I am not from there. Hawaii is home for me. Mahalo!
  • May 31, 2012, 03:05 AM
    ScottGem
    Doesn't matter where YOU are from, where is your sister's house?
  • May 31, 2012, 04:46 AM
    JudyKayTee
    Quote:

    Originally Posted by ScottGem View Post
    Doesn't matter where YOU are from, where is your sister's house?


    Classic!
  • May 31, 2012, 10:54 AM
    ballengerb1
    OK out on limb here but here is what I think from the LL's side of the issue. Home was rented month to month w/air. The ac broke but the tenant continued to renew month to month without repairing the unit or deducting service call from rent. That would constitute renewal of lease without an ac unit.
  • May 31, 2012, 10:59 AM
    JudyKayTee
    I agree - and that's why I (a landlord) asked the questions I asked.

  • All times are GMT -7. The time now is 02:57 AM.