Question about my rights as a renter - need some advice

[surfergirl602]

We rent a home - we are a Military family, so we don't buy or live on post. We pay a huge rent - $1400 a month for a 5 bedroom house. The entire upstairs is bedrooms and my office. My job heavily relies on the use of my office.

Almost three weeks ago, the upstairs central air went out. We go through a rental/real estate company, and pay our rent to them. They have a maintenance crew that fixes the small stuff. For the big stuff like a/c, they call in a company to fix it. THREE different technicians have come out and said the same thing... the compressor is gone on it.

It STILL hasn't been fixed. All of my children (including our 14 month old) have had to sleep downstairs on air mattresses in various places in the house because we're in Oklahoma and its seriously 135 degrees upstairs right now. I can't even turn on the computer because it overheats. (I'm using the laptop downstairs right now lol)

Last week they promised me that it would be fixed by the middle of the week, and tomorrow is the end of the week. So today I call the rental place for an update, and the realtor lady tells me that its been "turned over to the owners" and they are "having their own company look at it".

Its been almost three weeks now that the upstairs has been uninhabitable. I don't know what else they can do to LOOK at it... THREE different companies have already been out here and all have come to the same conclusion... the compressor needs to be replaced. I already mailed in my rent check at the beginning of the week because I didn't want it to be late ($140.00 fee if its late) under the impression that the a/c would be fixed. It's not. I just want to cry. I really don't know what else to do.

I'm a quiet person - I don't like confrontation and I am too trusting, I guess. My husband has been gone for the last week due to a family emergency, so I'm going to have him deal with it when he gets home, but I'm distraught over this. I'm so worried that they owners are going to not want to keep making repairs, and sell the house from under us. (it was on the market for over a year before they decided to rent it)

Anyone have any experience with landlord/tenant rights or any advice on what steps I should take to protect myself and my family? I don't want to step on toes and create a scene, but I want a habitable place to live, too.

 

[Promomx2]

Try calling the Better Business Bureau to see if they can give you somewhere to call to help you, or call a local attorney for advice (some can help you over the phone). Also since you're military, is there a support organization that can help you. My dd is also military and renting not near a base and had trouble with her landlord. You have your rights. My main suggestion is to get on the phone and ask for help from everyone and anyone. It's a real shame that landloards can't be nice, especially to our military families.

 

[Disney1fan2002]

we're in Oklahoma and its seriously 135 degrees upstairs right now.

Its been almost three weeks now that the upstairs has been uninhabitable.

Seriously? You have no AC. Uninhabitable? How about you get some fans and circulate the air?

I can't help you with your original question. I don't know what "rights" you have to AC as a renter.

I am just finding it hard to believe that your temp reads 135 degrees.

 

[foolishmortal]

Seriously? You have no AC. Uninhabitable? How about you get some fans and circulate the air?

I can't help you with your original question. I don't know what "rights" you have to AC as a renter.

I am just finding it hard to believe that your temp reads 135 degrees.

Have yo ubeen to Oklahoma in Summer? Sounds like No

 

[Uncle Remus]

Seriously? You have no AC. Uninhabitable? How about you get some fans and circulate the air?

I can't help you with your original question. I don't know what "rights" you have to AC as a renter.

I am just finding it hard to believe that your temp reads 135 degrees.

They rented the whole house upstairs included with full expectations that the AC would be functional.

I'd be callin' the local news station's investigative reporter to see if he's interested in checkin' out this "management company."

 

[ShirikiUtundu]

Put your confrontation pants on and starting calling. It sounds like you don't have direct contact to the owners so I'd start with calling the realtor every hour or two until I got an answer. You need to start demanding instead of waiting around or they will keep walking all over you. And 3 weeks? You should have started this 2+ weeks ago.

 

[surfergirl602]

Seriously? You have no AC. Uninhabitable? How about you get some fans and circulate the air?

I can't help you with your original question. I don't know what "rights" you have to AC as a renter.

I am just finding it hard to believe that your temp reads 135 degrees.

Umm, we have fans, thanks for your concern.

We are on day 85 of temps above 100. Currently its 115 degrees out, so yeah.. the temp is 135 upstairs. There is no way anyone can be up there. You can't even breathe, let alone SLEEP up there. Central air is a MUST here.

 

[tlbwriter]

I am just finding it hard to believe that your temp reads 135 degrees.

When the temp is 107 outside, what do you expect the temp to be inside?

OP, here are your rights: http://www.okbar.org/public/brochures/tenants-rights.htm

What services am I entitled to?

1. Except in the case of a single family residence, your landlord must keep all common areas used by more than one tenant safe and clean.
2. Your landlord must keep your premises in a safe, livable condition.
3. Your landlord must keep all electrical, plumbing, sanitary, heating, ventilation, air-conditioning and other facilities and appliances in good and safe working order, unless otherwise agreed to by a "conspicuous" writing independent of your rental agreement.
4. Your landlord must, if your dwelling is other than a one or two-family residence, provide trash receptacles and frequent removal, unless this is provided by a government entity.
5. Your landlord must supply running water and reasonable amounts of hot water at all times, and reasonable heat, unless you live in a single-family dwelling or have a separate metered utility connection for these services.

What do I do if my landlord does not make necessary repairs or provide necessary services?

You must give your landlord written notice of any needed repairs to keep your living quarters safe and healthy (It is recommended that written notice be mailed by certified mail, return receipt requested, when possible).

Your choices (if the defect affects safety or health):

1. You may tell your landlord in the notice that if repairs are not made in 14 days you will move out in 30 days after the notice and your lease will be over.
2. If the repair costs less than $100, you may tell the landlord that you will have the repair made yourself and subtract the cost or value from your rent if the landlord does not repair in 14 days.
3. If an essential service fails due to the landlord's fault or willful act, you can, at your option, by giving written notice:
4. 1. End your lease and move immediately.
5. 2. Move somewhere else temporarily. You will not owe the landlord rent while you are living in substitute housing.
6. 3. Sue the landlord for damages based on the difference between what the apartment or house is worth without the essential service and what you are required to pay under the lease.
7. 4. Make your own arrangements for the service and deduct the cost from your rent.
8. If the conditions are so bad that there is an imminent threat to health or safety which is not remedied as soon as conditions require, you may give written notice of the problem and end your lease immediately.
9. If a fire or other emergency makes your living place unsafe, you may end your lease by moving out and giving written notice within one week.

 

[kirstenb1]

I'd call the rental office. If the owners are "taking care of it" then you need to get their name and phone # and call them. Your rent is based on having a/c and now you don't have it. I don't see how they can possibly sell the house with no a/c, so don't let that be a concern. Keep pressing until you get an answer. If the owners can't afford to fix it, or what have you, they need to be candid.

I'd be looking for another place to live, regardless. Anyone who'd let a tenant sit for weeks with no a/c is not someone I'd feel comfortable dealing with.

 

[surfergirl602]

Put your confrontation pants on and starting calling. It sounds like you don't have direct contact to the owners so I'd start with calling the realtor every hour or two until I got an answer. You need to start demanding instead of waiting around or they will keep walking all over you. And 3 weeks? You should have started this 2+ weeks ago.

No, I do not know who the owners are. Everything is dealt through the rental company. If I knew who the owners were, I would be calling them.

I have been calling every few days for an update since the a/c died. I've even been in the office a few times to fill out new work orders for it.

The owners are stalling on this one, like they don't want to pay for it to be fixed. They've sent out three different companies now to "look" at it, and all have come back with the same conclusion. Now they want to send out a fourth. I get that the compressor is the most expensive part of the unit, but its their responsibility as owners to get it fixed in a timely manor.

I've asked and asked and called the rental agency for weeks now... what I'm wondering if there is anyone I can go to above them... but because they are their own business (not like a century 21) I don't know who to go to.

 

[surfergirl602]

When the temp is 107 outside, what do you expect the temp to be inside?

OP, here are your rights: http://www.okbar.org/public/brochures/tenants-rights.htm

What services am I entitled to?

1. Except in the case of a single family residence, your landlord must keep all common areas used by more than one tenant safe and clean.
2. Your landlord must keep your premises in a safe, livable condition.
3. Your landlord must keep all electrical, plumbing, sanitary, heating, ventilation, air-conditioning and other facilities and appliances in good and safe working order, unless otherwise agreed to by a "conspicuous" writing independent of your rental agreement.
4. Your landlord must, if your dwelling is other than a one or two-family residence, provide trash receptacles and frequent removal, unless this is provided by a government entity.
5. Your landlord must supply running water and reasonable amounts of hot water at all times, and reasonable heat, unless you live in a single-family dwelling or have a separate metered utility connection for these services.

What do I do if my landlord does not make necessary repairs or provide necessary services?

You must give your landlord written notice of any needed repairs to keep your living quarters safe and healthy (It is recommended that written notice be mailed by certified mail, return receipt requested, when possible).

Your choices (if the defect affects safety or health):

1. You may tell your landlord in the notice that if repairs are not made in 14 days you will move out in 30 days after the notice and your lease will be over.
2. If the repair costs less than $100, you may tell the landlord that you will have the repair made yourself and subtract the cost or value from your rent if the landlord does not repair in 14 days.
3. If an essential service fails due to the landlord's fault or willful act, you can, at your option, by giving written notice:
4. 1. End your lease and move immediately.
5. 2. Move somewhere else temporarily. You will not owe the landlord rent while you are living in substitute housing.
6. 3. Sue the landlord for damages based on the difference between what the apartment or house is worth without the essential service and what you are required to pay under the lease.
7. 4. Make your own arrangements for the service and deduct the cost from your rent.
8. If the conditions are so bad that there is an imminent threat to health or safety which is not remedied as soon as conditions require, you may give written notice of the problem and end your lease immediately.
9. If a fire or other emergency makes your living place unsafe, you may end your lease by moving out and giving written notice within one week.

Thanks for this - everything that came up in my search was written in legal garble that I couldn't understand. DH is prior JAG, so that is why I was going to have him deal with it - because he can understand all that stuff. lol

 

[tar heel]

Seriously? You have no AC. Uninhabitable? How about you get some fans and circulate the air?

I can't help you with your original question. I don't know what "rights" you have to AC as a renter.

I am just finding it hard to believe that your temp reads 135 degrees.

You don't have a clue. The 135 degrees is neither here nor there, but an upstairs in Oklahoma in the summer with no air is uninhabitable. It is in Concord, NC, too. I came home from a funeral to a broken upstairs a/c earlier this week, and the temp was 8 degrees higher than outside. Our home is built for using a/c, so there isn't great cross ventilation, no attic fan, etc., and I suspect the OP's is the same way.

OP -- I would see if there is someone at the military base to help you.

 

[surfergirl602]

I'd call the rental office. If the owners are "taking care of it" then you need to get their name and phone # and call them. Your rent is based on having a/c and now you don't have it. I don't see how they can possibly sell the house with no a/c, so don't let that be a concern. Keep pressing until you get an answer. If the owners can't afford to fix it, or what have you, they need to be candid.

I'd be looking for another place to live, regardless. Anyone who'd let a tenant sit for weeks with no a/c is not someone I'd feel comfortable dealing with.

The rental place won't give me their info but I am going to go down there and see if they will give me the information. They haven't been doing their job so I am going to need to do it for them.

What I really think is happening is that they don't have the money to pay for it (although we have a really high rent that covers the mortgage and then some on this place) but we have a/c downstairs, so they feel that is good enough. Well, I have four kids sleeping everywhere. They aren't sleeping well, school started on the 19th, and its crazy around here. The dogs have already popped two air mattresses. lol My 4yo is sleeping on the couch because she saw ants by the backdoor and now is afraid to sleep on an air mattress. My toddler is in my room in a pack n play and screams.all.night.long. He hates it.

It makes for a very stressful living situation.

We've been living here for two and a half years without any problems. It's been great up until now.

 

[diznygirl]

Surfergirl - make out a letter of your rights - explain how long and what you expect - that it be fixed within 24 hours, that you be compensated to stay at a hotel in the mean time, that if not you will terminate your lease and move out immediately, that you expect the rental company to waive fees to have you placed in a new home immediately. Then take a copy of the letter to the management company. Mail one, fax one. CC: "Owners of xxx address" since you don't know who the owners are.

Maybe that will get them to start moving. They have been stringing you along this long - they are probably hoping the weather will break and you just won't care anymore. Show them you mean business!

Good luck!

 

[tlbwriter]

I've asked and asked and called the rental agency for weeks now... what I'm wondering if there is anyone I can go to above them... but because they are their own business (not like a century 21) I don't know who to go to.

Well, the first thing you do is go to their office and say "I know my rights, and I know you've been aware of this issue since <date>. I know that you are aware that according to Oklahoma law, it should have been fixed a week ago. So here's my official letter saying that I will be moving out on <date that is 30 days after they were first notified> unless the a/c is fixed."

Unfortunately, since you didn't originally notify them in writing (because seriously, who would think this wasn't going to get fixed?), you may have lost three weeks, and would just be starting your 30 days. But I'd go ahead and bluff them and see what happens. Chances are, once they realize you are aware of your rights, they will put pressure on the owner to get the a/c fixed.

I'd also be tempted to present them with the receipt for a window a/c unit and tell them the amount will be deducted from your next month's rent. Again, see if they call your bluff.

Also, since your husband is in the military, do they have any kind of office that helps with these kind of problems?

 

[wtccheermom]

I would tell them if it is not fixed by tonight that you are going to Jag and would hate for the rental company and the owners to be put on that lovely little "do not do business with" list that post commanding general puts out. Nothing is worse than being a local business that is made the off limits to soldiers list because of their shady dealings.

 

[golfgal]

Try calling the Better Business Bureau to see if they can give you somewhere to call to help you, or call a local attorney for advice (some can help you over the phone). Also since you're military, is there a support organization that can help you. My dd is also military and renting not near a base and had trouble with her landlord. You have your rights. My main suggestion is to get on the phone and ask for help from everyone and anyone. It's a real shame that landloards can't be nice, especially to our military families.

The BBB will do NOTHING....

OP, maybe the owner's don't have any money to fix the AC?? Is this a home they couldn't sell? If so, funds might be low. Also, your rent in many places wouldn't get you a studio apartment so keep that in mind too. Your rent might not even be covering their house payment. I understand your frustration though.

 

[surfergirl602]

You don't have a clue. The 135 degrees is neither here nor there, but an upstairs in Oklahoma in the summer with no air is uninhabitable. It is in Concord, NC, too. I came home from a funeral to a broken upstairs a/c earlier this week, and the temp was 8 degrees higher than outside. Our home is built for using a/c, so there isn't great cross ventilation, no attic fan, etc., and I suspect the OP's is the same way.

OP -- I would see if there is someone at the military base to help you.

yes, ours is the same way. And to top it all off, the attic/over the garage area isn't vented and it makes the upstairs just that much hotter. Ugh.

 

[DizBelle]

You don't have a clue. The 135 degrees is neither here nor there, but an upstairs in Oklahoma in the summer with no air is uninhabitable. It is in Concord, NC, too. I came home from a funeral to a broken upstairs a/c earlier this week, and the temp was 8 degrees higher than outside. Our home is built for using a/c, so there isn't great cross ventilation, no attic fan, etc., and I suspect the OP's is the same way.

OP -- I would see if there is someone at the military base to help you.

Like some boys or girls with itchy trigger fingers (tongue in cheek of course).

 

[surfergirl602]

I would tell them if it is not fixed by tonight that you are going to Jag and would hate for the rental company and the owners to be put on that lovely little "do not do business with" list that post commanding general puts out. Nothing is worse than being a local business that is made the off limits to soldiers list because of their shady dealings.

We've had quite a few places blacklisted here. All but one went out of business! Very good idea.

I didn't want to get the commander involved, but DH just might have to have a talk with him.