Question about my rights as a renter - need some advice

[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.

Can you give me the link to the site where you found this? Thanks so much!!

 

[Uncle Remus]

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.

Excellent idea!!!

 

[Mrs.Malone]

Have you talked to the housing office on your post? They should have someone who is responsible to help with issues with off-post housing.

To the person in MA who thinks fans will do the trick during long strings of 100+ degree days in Oklahoma--

 

[wtccheermom]

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.

she is military so I believe I know the area in Oklahoma and having lived there you can get a whole lot house for 1400 month house note. As for the renters not having money that is their problem she is living up to her end of the deal and so should they. If they could not afford to make necessary repairs to their rental home than they should not be renting it. In the famous word of my 3 year old “to bad so sad” they need to fix it because it is hotter than hell in OK in the summer and heat rises so the upstiars must be a sauna by now.

 

[surfergirl602]

Just to put the heat into perspective - its so hot that in the afternoons the cold water comes out of the faucet warm. Bread needs to be refrigerated or its stale in a day.

 

[justhat]

I have no advice for you, but I sympathize because I live in AZ and our AC in my kids bedrooms was broken when we moved into our house last year. Luckily, we had booked a hotel while we waited for our moving truck, because there was NO WAY anyone could sleep in those bedrooms, fans or not. Just totally, completely miserable.

ETA, our cold water is warm too! My mom (who lives in NJ) was here last month and said "Why is your cold water hot?" Ha! And it's like that pretty much year round, just way warmer in the summer.

 

[cabanafrau]

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.

????? Do renters have "rights" to hot & cold running water, or simply just running water?

I'm a Michigander, never been to OK. This morning's weather report once again referenced the prolonged heat hitting areas in TX, OK & surrounding states. Perhaps I'm naive & being bamboozled by strangers on the internet, but I've totally bought OP's claim of 135 degrees.

 

[hambirg]

Google your city or county and renter's rights. Most places have an organization that you can go to seek help. Also keep a log. . .times, dates, who you talked to and temps upstairs.

Oh yeah. . .just so you know, keep paying your rent in a timely manner. You can't withhold it in these types of situations unfortunately. I had a similar situation with a water heater in college.

 

[golfgal]

she is military so I believe I know the area in Oklahoma and having lived there you can get a whole lot house for 1400 month house note. As for the renters not having money that is their problem she is living up to her end of the deal and so should they. If they could not afford to make necessary repairs to their rental home than they should not be renting it. In the famous word of my 3 year old “to bad so sad” they need to fix it because it is hotter than hell in OK in the summer and heat rises so the upstiars must be a sauna by now.

Like I said, maybe this is a house that they couldn't sell and had to move. Yes, it is their problem but what would you do in this situation?? Maybe they are out of the country on vacation and not in contact??? There are a million variables here and in the mean time the OP doesn't have AC.

I would go to Walmart and buy a small window AC unit and put it in the office and maybe a second one in another room upstairs and keep all the doors open. Maybe the owners will be able to cover the cost of those if they can't afford the $3000 for a new compressor???

 

[surfergirl602]

Google your city or county and renter's rights. Most places have an organization that you can go to seek help. Also keep a log. . .times, dates, who you talked to and temps upstairs.

Oh yeah. . .just so you know, keep paying your rent in a timely manner. You can't withhold it in these types of situations unfortunately. I had a similar situation with a water heater in college.

Thank you - I don't think I would dare to withhold my rent. lol Houses that fit all of us are hard to come by here that aren't in gang territories or bad neighborhoods.

 

[surfergirl602]

Like I said, maybe this is a house that they couldn't sell and had to move. Yes, it is their problem but what would you do in this situation?? Maybe they are out of the country on vacation and not in contact??? There are a million variables here and in the mean time the OP doesn't have AC.

I would go to Walmart and buy a small window AC unit and put it in the office and maybe a second one in another room upstairs and keep all the doors open. Maybe the owners will be able to cover the cost of those if they can't afford the $3000 for a new compressor???

The owner is a retired military doctor that lives in the city about an hour and a half from here, that much I do know. This house is one of three he owns, according to the rental place.

 

[azdizzymom]

I'd be calling an attorney NOW! From the stupid judge shows I watch entirely too much I know in some cases they tell the people if it is not fixed (the problem like your air) in a reasonable amount of time to get it repaired themselves and then take the money out of the rent that is owed.

IMHO I wouldn't pay rent...then they know you are there for 30 more days and can drag their feet even more.

I hope you have documented every call you have made. Or if you haven't go write things down NOW. Try and use a cell phone where you have proof of calls.

You really need to get some legal advice as every state differs. I'd be doing that now. Good luck!

 

[wtccheermom]

Like I said, maybe this is a house that they couldn't sell and had to move. Yes, it is their problem but what would you do in this situation?? Maybe they are out of the country on vacation and not in contact??? There are a million variables here and in the mean time the OP doesn't have AC.

I would go to Walmart and buy a small window AC unit and put it in the office and maybe a second one in another room upstairs and keep all the doors open. Maybe the owners will be able to cover the cost of those if they can't afford the $3000 for a new compressor???

I am sorry there is no excuse for this and she stated that the rental company has in fact spoken to the owners. If they don't have the 3000 then they need to find or make a deal with renter telling her she pays for it and they will give her free rent for a few months. We are likely having to rent our home that we have now because we are moving back to OK and the agent dealing with our house has suggested we put a few thousand dollars in an a escrow account for things like this and it makes a ton of sense to do so. I can't imagine leaving someone without AC for that long it is just unacceptable. Sorry but AC window units are not allowed in many neighborhoods with restrictions for apparent reasons. .

 

[lovebuzz]

I'd be calling an attorney NOW! From the stupid judge shows I watch entirely too much I know in some cases they tell the people if it is not fixed (the problem like your air) in a reasonable amount of time to get it repaired themselves and then take the money out of the rent that is owed.

IMHO I wouldn't pay rent...then they know you are there for 30 more days and can drag their feet even more.

I hope you have documented every call you have made. Or if you haven't go write things down NOW. Try and use a cell phone where you have proof of calls.

You really need to get some legal advice as every state differs. I'd be doing that now. Good luck!

This is my advice as well. I watch too many court tv shows as well

 

[Jennasis]

Sounds like the owner is trying to stall until the weatherr breaks. This is a time to put on your confrontation pants and kick some butt! Good luck!

 

[HM]

I've only been a renter a couple times. The one time I had any trouble and needed a repair, I contacted the rental company and told them that I planned to call a repair place and have it fixed and would deduct the amount from my next rent check unless they came and took care of it right away. I didn't hear back from them, so I went ahead on the repair and the when rent time came, deducted the amount.

Obviously your repair (OP) is a bigger than mine and more costly, but I think you could work it with company that you pay for the new part (that you have three different repair people saying you need...paperwork on it?) if they allow you to deduct it from your next rental checks until it's paid off.

Good luck. I've been without air for a few days after a hurricane once and it was mighty uncomfortable, especially for sleeping (we also slept in the living room). I can't imagine weeks. You've let it go too long.

 

[Tuffcookie]

OP, Is it possible to put the rent payments in escrow, until the issue with the AC is handled?

TC

 

[tlbwriter]

Can you give me the link to the site where you found this? Thanks so much!!

It's in the post.

 

[surfergirl602]

Sounds like the owner is trying to stall until the weatherr breaks. This is a time to put on your confrontation pants and kick some butt! Good luck!

Thanks! I think I'm going to opt for the confrontation shorts, but I'm on my way to drop my dd off at preschool and driving into town to the rental place.

 

[hambirg]

Thanks! I think I'm going to opt for the confrontation shorts, but I'm on my way to drop my dd off at preschool and driving into town to the rental place.

Good for you. Tell them that if it isn't taken care of ASAP they will have to put you up in a hotel.