[Bj200908]

I've moved into an apartment during the winter so I didn't have to use my air conditioner. When I chose to use my a/c, It didn't work. I notified the manager twice verbally and once in writing... it has now been 3 eels... how long does he have to fix my a/c? It's 92 degrees in my house!

[smoothy]

What is "3 eels"? Days? Weeks? Months?

[Bj200908]

Weeks... I'm sorry!!

[AK lawyer]

I've moved into an apartment during the winter so I didn't have to use my air conditioner. When I chose to use my a/c, It didn't work. I notified the manager twice verbally and once in writing...it has now been 3 eels...how long does he have to fix my a/c? It's 92 degrees in my house!

Do you have a lease? If so, what does it say about A/C? What does it say about your right to terminate the lease for a breach of the lease by the LL (assuming failure to fix the A/C is a breach)?

"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;
...
(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;
...
(c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in subdivisions (5) and (6) of subsection (a) and also specified repairs, maintenance tasks, alterations, and remodeling.
...
"

"Section 35-9A-404 Wrongful failure to make available heat, water, hot water, or essential services.

(a) The landlord is not responsible for the payment of utility services unless agreed in the lease.

(b) If contrary to the rental agreement or Section 35-9A-204, after receiving notice of the breach from the tenant, the landlord willfully or negligently fails to promptly make available heat, running water, hot water, electric, gas, or other essential service, the tenant may:

(1) send a written notice specifying the date of termination not less than 14 days after receipt of notice and upon vacation of the premises, the rental agreement shall be rightfully terminated without further obligation or penalty. If the rental agreement is terminated pursuant to this section, the landlord shall return all security recoverable by the tenant under Section 35-9A-201 and all unearned prepaid rent; or

(2) recover damages based upon the diminution in the fair rental value of the dwelling unit.
..."

So you should sent your landlord a 14 day notice, as described.

[Bj200908]

Ok... thanks so much!!