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cgelly07 · Jun 10, 2011, 10:54 PM

I have rented from here for 3 months. I am in a year lease. I have two young boys, one is 1 1/2 and the other is 4 months old. We are in WI where at times we have had such heat waves I have to go stay at other peoples homes because my children are over heating. It has been 5 days and I have called them daily trying to get an answer on this matter. The manager finally said he would come out because their usuallyt maintenance guy was booked up, he came in for a total of 5 minutes and said that that day was his last day and to call someone tomorrow. I called and the new manager answered, she told me that she understands my frustration but ac is not a necessity that I am lucky they are providing this and they are trying their hardest to get them fixed asap but that no one is selling them right now. I explained the situation with my kids and if I could be reimbursed for the days we have not been able to live in our apt but she said that the heat would not cause my kids to be sick and there's ways to maintain that and to put them in a cold bath (cause I'm supposed to do that all day for 5 days). And if any of you have young children when their over heating and crabby they refuse fluids and become crabby. What are my rights with this situation? Can I break the lease and move? And are they liable to also clean the water filter cause it is absolutely disgusting!

joypulv · Jun 11, 2011, 04:38 AM

Landlords aren't required to maintain coolness and age of tenants doesn't apply. If your building has no windows that open, you might have a case, but you need to open some windows and buy some fans, and negotiate a reduction in rent for lost AC if AC is included in your lease. You could try small claims, but might lose.

Any manager who tells you 'no one is selling them right now' is just stalling, unless they mean unavailable parts. I personally would buy a 5000 BTU AC for a bedroom and all live in there for now.

ScottGem · Jun 11, 2011, 05:08 AM

Does your lease specify that A/C is included? Does the unit have central air or room A/C units? Was there only one unit?

I also doubt that you have grounds to break your lease. But more info is needed.

What water filter?

excon · Jun 11, 2011, 09:20 AM

Originally Posted by cgelly07

I called and the new manager answered, she told me that she understands my frustration but ac is not a necessity that I am lucky they are providing this

Hello c:

It's NOT a necessity, true... But you ARE paying for it, so you ARE entitled to it. I'd write my landlord a certified letter demanding that they FIX the AC within 24 hours or you will be moving into a 5 star hotel and charging them for it. You DO have the legal right to do that based upon the Warranty of Habitability. Mention that warranty in your letter... Send a copy to the management company, keep a copy and hand deliver another copy to the office...

excon

Fr_Chuck · Jun 11, 2011, 12:47 PM

Personally you notify them in writing, that if they do not fix it within a number of days, you will have it fixed and deduct it from your rent. After that, some issues, like water filters and air filters are normally considered items the renter merely takes care of. If not listed at all in the lease, it may be a issue for argument

AK lawyer · Jun 11, 2011, 02:44 PM

Originally Posted by excon

... You DO have the legal right to do that based upon the Warranty of Habitability. ...

Maybe. On the other hand, homes without A/C are not ipso facto uninhabitable. But I would argure that since the A/C was there when OP signed the lease, working A/C is an implied term of the lease. If OP signed a lease to premises with a kitchen and the LL one day said "sorry, I'm removing this kitchen."; I don't think LL could get away with it. Same with the A/C.

The landlord's statement that " [OP is] lucky they are providing this" is not true. OP didn't have a stroke of luck when one day she realized that the premises she had leased had A/C. She signed a lease based in part that the premises had A/C. It's not luck. It's a contract.

cgelly07 · Jun 11, 2011, 10:03 PM

There is only one unit. We hardly ever have hot water cause they don't have a big enough water pump, and the water softener has never been cleaned and its over 30 years old. And yes I know they are just stalling or trying to find one cheaper which is why they also told me no one could look at it, then the person I was talking to actually came and looked at it. We also have windows of course and plenty of fans but when it's a hundred outside with quite a bit of humidity it doesn't help keep my children cool, especially since were in the upstairs apartment.And no it doesn't say the ac, but it does say they have to maintain anything within the apartment that is broken if it is not our fault.How can I either get out of this lace or at least get them to make all the repairs we need?

cgelly07 · Jun 11, 2011, 10:10 PM

Thank you I will try writing them a letter I already tried to see if they would reimburse the days I couldn't stay there since I had to pay a friend 50 bucks to let us stay with them. And that's when part of the stuff they told me started. Like how my kids getting sick and refusing food and water wasn't because they were overheating. I just don't know where to go with this anymore without possibly oweing them 4,000 dollars.

excon · Jun 12, 2011, 05:51 AM

Originally Posted by cgelly07

Thank you I will try writing them a letter

Hello c:

We didn't give you things to "try". We gave you things that WORK. You sound like you're going to ask them for a favor... STOP doing that. You're not making a REQUEST of them... You're making a DEMAND of them, and make sure they KNOW it.

excon