The reason I want out of my lease and why I should never have signed a new one is that the air conditioning does not cool the apartment efficiently and the manager told me today that she's not going to do anything about it. Many days it gets over 90, probably over 100 degrees inside. On average summer days its in the upper 80s inside. They claim that the A/C unit works fine - it blows the right pressure and temperature.

My question is, if I can get a statement from our doctor that this is a health risk for my 2 young children, would they have to release us from the agreement?

I doubt that the doctor's note is going to make a difference. Did the advertising of the property or the lease agreement state that your apartment included air conditioning? If the answer is yes and you are current with your rent, think about placing the rent with the court. The landlord will then have to prove that the air conditioning is working correctly in order to get the money from the court. An impartial licensed and bonded air conditioning repair person will have to look at the air conditioner and testify that it is in working order. If it is not, the landlord will be given the option of fixing it and proving that it is in working order, or the court will use the rent money to fix the air conditioner.

Unless the doctor comes and sits in your apt - no... you need to do some research on the web to ensure MAX efficiency... I can't tell you how many times I've seen windows and blinds open with AC running... AC brings in fresh air so leaving a window open is a no-no... Also, turning it off and on effects the efficiency as the moisture returns to the air and makes it feel hotter.

Yes, they advertise air conditioning. I really don't feel that we would accomplish anything by taking a large property management company to court. If their maintenance men aren't lying, then they are providing air conditioning, just not the means to make it efficient.

As far as max efficiency... we keep the blinds and curtains closed all day long, don't open any doors or windows, keep lights to a minimum and keep the thermostat set between 70 and 72, and don't turn it off at all. We don't have the financial ability to purchase the curtains to help keep heat out, or to seal the windows and doors properly (which I think management should be responsible for). Its ridiculous that we pretty much have to live in the dark to stay remotely cool. And forget about cooking or keeping chocolate in my kitchen.

What I don't get, and which will really hurt you if you take this to court, is that you knew about this before you renewed your lease. The first thing that the judge will ask is: "If it was such a big problem, why didn't you just leave after the first lease expired?"

And you might have trouble with this as a health issue, since there are many people who do not have air conditioning at all. 80 is where I keep mine set at.

Lets also look at the AC maintenance side of the isuue. Put a thermometer inside the cold air louver that blows into the room and do the same for the louver that pulls in the return air and tell us the difference in temps. Does your unit have a recirculation mode instead of fresh air intake? Maybe we can fix the underlying issue since you liked the place enough to resign the lease.