problem with landlord repairing a/c

By Jessica

Last summer we began getting elect bills in excess of $600 on a 1600sq ft home. The landlord used a water hose on the ac unit as a solution to the problem. Because of these bills we slowly got behind on rent. A year later the problem still isn’t fixed and his response t my last demand for repair was that we were now behind on rent and he would not fix it. We withheld any rent this month and just got an eviction notice. We have found a new place to move the first of the month but he is sueing for back rent and $1300 in late fees. Are we entitled to any help in this situation. Should I counter sue?

Edited on: Thursday, October 21st, 2010 12:40 am

One Response to “problem with landlord repairing a/c”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Anonymous

July 13th, 2010 11:28 pm

You can always counter sue, but it wouldn’t go too far based upon what you are saying. If the utility bill was $600, it probably was due to a faulty AC unit or possibly because you had the air turned down too low which caused it to constantly run.

Even if you are able to somehow prove that the landlord is fully responsible for the utility bills, it won’t exactly release you from your contractual obligations of paying rent. The landlord will be able to prove to the courts that you are in violation of the lease terms, thus holding you fully responsible.

The law doesn’t allow you to withhold rent for any reason. While I may agree with you that you should have had the AC unit fixed immediately; the courts will not see it that way. All they can do is look at the facts. The facts are that you had an agreement to pay rent on a specific date and did not.

You could try to use the RPA complaint option to provide you with some additional legal documentation, that may help the courts see that the problem was more than just an excuse to pay rent. That’s up to you.


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