Any Landlords? How would you react to this?

[barkley]

here's the situation-we moved into a rental home at the end of may-it had been vacant for over a month and the owner was over there much of that time cleaning up, making repairs (told us she would have it in 'move in condition' when we took possession).

flash forward to a week and a half ago-california is have record breaking heat (as of today 50 deaths due to heat issues-mostly people in non a/c living conditions)-and our a/c starts acting up around noon on a saturday. the house starts rapidly getting hotter-and the garage (where the unit is gets scary hot). i get concerned-so i call and leave a message for the landlord-after 2 hours and no response i called around and found a local lic. a/c company that will come out and look at the unit. they come out and make a diagnosis-but can't give a price estimate until monday a.m. when the shop is open. landlord calls around 4 hours after i left the message and i relay what's happend-she says it's fine, that if some issue comes up with the house that we feel needs to be immediatly addressed to go ahead and do so (for diagnostic purposes). we give her the info. from the a/c company and she says she may want to call another company she's done bsns.with in the past but won't be able to contact them until monday (which i know is not entirely true-i had called the same place but when they wanted $250 vs. the $50-$90 all the other places wanted for a weekend service call i opted against using them).

saturday and sunday night the temp DOWNSTAIRS-is around 90 degrees. we put out around $100 on fans and try to deal with it (we don't venture upstairs).

so monday morning rolls around and the other a/c company calls and gives me the quote, says they have the part in stock-can come out at 1 to do the repair. right afterwards the landlord calls and sez the other company will be out 'this afternoon'-i give her the quote from the other guys.
around 2:30 the 'other guys' show up and make the exact same diagnosis as the ones we called-but they don't have the part in stock and have to order it. i talk to landlord while they are there and point out the heat level in the home and remind her that the other company said they could repair today. she opts to go with her guys (lower bid-higher profile company in the area). i tell her 'it's getting to the point we may have to leave the house and find a motel"-she makes no comment, but asks 'her guys' to see if they can do overnight shipping on the part.

by around 4 p.m. it's sweltering and the outside temp is 109 degrees. dh calls to see what's up and says 'get ds and go to a motel-the news is warning that it's going to get worse not better'. so we check into a local motel-and i leave a msg. for landlord and a/c company to use my cell phone as a contact number.

tuesday around 2 i get a call from the a/c company that they are at the house-ds and i leave a/c motel and go over to the now sickningly hot house and sit there for a couple of hours while the repair goes on-around 3:30 it's determined that there is more going on with the system-they try to repair and realize that due to not replacing the air filters the entire duct work system has collapsed and must be replaced (at this point we find it that 'no i've not been crazy since we moved in-there's been no a/c upstairs at all'). landlord approves repair but it can't be done until THE NEXT DAY.

wednesday my husband takes the day off so someone can be there with the a/c guys (i am not leaving house unattended while repair people are there-and no way are we going to subject ds to sitting in what is now mid 90 temp/zero air circulation house). they end up fixing the thing by about 1 p.m. and turn the thing on full bore to try to start cooling the place.

thursday ds and go back to the house around 1 pm and it's tolerable (it took about 2 1/2 days running it to get it back to a reasonable temp).

HERE'S MY QUESTION (now i've already looked up landlord tenant law in my state so i know where i stand-but i want opinions)-

out of pocket we spent-$40 for the a/c service call
$100 for the stand up fans
$100 for convenince/to-go foods (motel had micro)
$400 for motel (3 nites-went with a larger room so we would have at least a microwave/mini fridge to keep down food $$$)
PLUS and entire day of wages for dh to be at the house for the a/c guys.

so over $1000.00 total.

as a landlord do you think i'm out of line to deduct the motel charges from my rent and attach a letter detailing why? i'm not asking for the service call fee (i did it for my peace of mind-a house up the street had a garage fire a few days before that they suspect was due to a faulty a/c unit), we'll keep the fans-so nothing for the fans, nothing for the food (i would have spent at least half on groceries at home could we have been there and used the stove and such), nor the lost wages dh incurred (again peace of mind-i don't want unattended service people in my home). my thinking is-we had the problem diagnosed 2 days earlier and had she gone with the other company and they had diagnosed the other problem they were offering a repair time early enuf in the day they could have gotten it done that afternoon ( a full 2 days early).

so landlords what do you think? am i out of line?

 

[goodeats]

We own a fourplex and are in Southern California. Unfortunately we don't have A/C at all as we are close to the ocean and 360 days a year don't need it. This was the week when we wanted it!

Well, I wouldn't fault your landlord for not getting back to you terribly quickly. Four hours is pretty good response rate. We have lives too!
But she really should be ashamed of herself for not using the quickest service. I would probably deduct what you spent (not food or fans) because of her negligence from the rent. Also submit itemized receipts and a letter explaining your side. She'll learn next time to be more responsive!

 

[barkley]

i have no problem with the 4 hour phone response time (i was thrilled she got back same day!)-and i don't fault her for wanting to go with the company that she did (they have a great reputation)-my issue is that as a property owner she should have checked on the filters before we moved in (we are religious about doing it every 3 months-so it never occured to us to look this early in the lease) and prevented the whole thing from occuring.

 

[DisneyGirl4188]

I'm not a landlord, but I would deduct the amount you spent.

She should have checked the filters, but most importantly she should have had the problem fixed ASAP. She knew that another company could have fixed the problem sooner, but she wanted to save money. That was her choice.

You rented the house with a/c, so you expected that you would always have a working unit. It was not your choice to go with a slower repair company.

 

[mickeyfan2]

I am not a landlord, but your deduction for the motel seems correct to me. Just a question. What is the duct work made out of? Ours is bent aluminum in the walls and a foam board in the basement. I can't see how not changing a filter would collapse the ducts. Not changing the filter makes the system extremely inefficient and could have resulted in the premature failure of the A/C.

 

[lindakmonty]

I am a landlord here in OH. I'm sure the laws are much different than CA but I would deduct your hotel expenses from your rent as well. I check EVERYTHING and make sure it is 100% before I give anyone a set of keys. I want it to be the same as if I were moving in myself! Glad to hear you got it taken care of and have a/c once again.

I've got some horror stories from renting though.... renters have had fires in the houses more than once...a guy passed out drunk w/ food on high on the stove...at 3am one had fire from putting Christmas paper and stuff in the fireplace and caught the ceiling on fire!!!There was a bad storm and flooded the ceiling...ice storm knocked down 4 trees...one blocking the 5 car garage! You name it.... there are pros and cons to it all! It can be a headache...but a good investment as well.

 

[lovebuzz]

I am a landlord and I must say that a 4 hour response time is reasonable. thaty being said, she should have went with the 1st company that could have done the work sooner. I dont think you are being unreasonable asking for the motel compensation. Maybe you can work something out so you can deduct it from your rent.

 

[CathrynRose]

Im also a renter - not a landlord.

However - having rented a long, long time from various landlords, Ive always been so fortunate to have "bend over backwards" landlords whom, in your case, would have went with company #1 - OR would have let us deduct that amount from the rent (as youre asking)

How reasonable is this person? Can you maybe come to a split down the middle, agreement - if thats okay with you?

As another poster stated - you rented that place WITH A/C.

I totally understand your frustration - out a $1000 would really crunch me.

 

[DMickey28]

You said you searched the tenant laws in your state so use that as your reference. I did a lot of research of the laws in IL a few months ago when we needed to break our lease on a rental house. We have a non-profit organization run by lawyers in IL that I have worked closely with in our situation. The laws sometimes are different when dealing with a single family home vs something with more units.

The one thing that I found to be consisten across the board was to NEVER deduct money from your rent. The amount that you spent and are asking for reimbursement for are entirely a different issue then the rent amount that was agreed on in a contract/lease. If you start deducting the money from your lease, unless told to do so in writing, you are creating a situation where they can come back at you for failure to up hold your lease and being in default with the payment. The tenant organization I used and our lawyer state the same. Keep the issues seperate.

That is my .02. I would approach the reimbursement entirely seperate from your Rent amount, unless she told you again in writing to do otherwise. Too many nice guys go back, especially when dealing with tenants and landlords.

OT: Due to our circumstances in renting the last two single family homes we lived in, we will never rent from a private landlord again. Too many problems.

 

[DMickey28]

I found this on quick search online (I am bored at work). It pretains specifically to California. It's off the San Franscico Tenants Union website: www.sftu.org. You've probably found this already too!!

Rent Withholding/Rent Strike
This can be the most powerful tool you have but it’s also the riskiest. You should not withhold your rent until you have talked with a tenants Union counselor and learned exactly what steps you must take. Landlord judges are all too happy to believe that all tenants are deadbeats trying to get out of paying the rent.
If you withhold your rent, you must have:
•A DBI inspection report showing that the violations are serious.
•The full rent on hand.
•Proof that the landlord knew of the problem and had 60 days or more to fix it.
If you use this option, the landlord may fix the problem or will eventually attempt to evict you for nonpayment of rent and you will have to go to court and adequately prove the seriousness of the problem and the landlord’s failure to do anything about it. Legal services have been slashed and you will probably have to go to court alone.
Once you start a rent strike, open a separate bank account for your rent. Write your landlord a letter and explain what you are doing and then each month deposit your rent money in the separate account. Do not spend this money or you will be evicted!

 

[caitycaity]

]

The one thing that I found to be consisten across the board was to NEVER deduct money from your rent. The amount that you spent and are asking for reimbursement for are entirely a different issue then the rent amount that was agreed on in a contract/lease. If you start deducting the money from your lease, unless told to do so in writing, you are creating a situation where they can come back at you for failure to up hold your lease and being in default with the payment.

i agree with this! keep the two issues (rent and reimbursement) separate. we had a problem with our last apartment and the lawyer we consulted told us the same as above.

 

[RachelEllen]

Another vote from a renter to discuss this with your landlord. I had very similar issues with my apartment last summer. Lots of work was being done, and I had days of no AC (temps in the 90's inside), workman all over the place w/o warning (I work nights and have to sleep days often), etc. I didn't have to go to a motel, but I kept my landlord very aware of things and kept an extremely cordial relationship while working through the problems.

Anyhow, I had received a $100 off my rent last year as an incentive to sign the lease quickly. So I was expecting at least a $300 increase in rent. Low and behold, she sent me a letter saying that 'because of all the inconvieance' she wasn't raising my rent at all!

Not saying you can depend on stuff like this. But....a good relationship with the landlord might be worth much more than $400 in the future. Once you prove yourself to be a good tenant, they are not going to want to lose you. So I'd ask them and negiotiate something. Rather than just deducting from the rent.

 

[mickeyfan2]

Not saying you can depend on stuff like this. But....a good relationship with the landlord might be worth much more than $400 in the future. Once you prove yourself to be a good tenant, they are not going to want to lose you. So I'd ask them and negiotiate something. Rather than just deducting from the rent.

This is so true. We rented a house for almost 4 years. During that time we always paid our rent on time. Did the minor repairs ourself. Help the property in good order. The landlord never raised our rent.

 

[chasbos]

As a landlord - I would not deduct it from your rent but ask to be reimbursed. They are 2 totally different things!

If you submit your expenses to your landlord and discuss it you should be able to come up with a solution.

Just because the 1st person you called could have been out sooner should not really matter. As a landlord and the one who pays the final bill - I will get the people who I do business with to do the job, that way I know it is done right and not by someone that the tenant called who may not be as good. (Not saying this is what happened in your case - but it could happen)

I hope the 2 of you can come up with a solution that is fair to both parties.

 

[barkley]

re. the collapse of the duct work-apparantly the filter was so clogged that the mechanical part burned out trying to push air in an out of that vent (it was the main intake vent for the upstairs) and ultimatly the duct work collapsed (think of trying to drink a thick milkshake through a soda straw-that's what the ducts looked like).

re. our landlord tenant laws-there is specific wording about habitablility. it talks about if there is an issue with say a heating system during winter months-that the landlord should be allowed 48 hours to try to resolve the problems and then a resonable period of time if it's out of their control to secure repair/replacement. we feel that since our temps were hovering between 109 and 113 during that period of time, we gave her 48 hours and she opted to go with the company that could'nt repair for another 48 beyond that (vs. the other company who could have done it that same day or the next morning) it was'nt as issue of it being out of her control (her choice to go with the other company).

 

[DMickey28]

re. our landlord tenant laws-there is specific wording about habitablility. it talks about if there is an issue with say a heating system during winter months-that the landlord should be allowed 48 hours to try to resolve the problems and then a resonable period of time if it's out of their control to secure repair/replacement. we feel that since our temps were hovering between 109 and 113 during that period of time, we gave her 48 hours and she opted to go with the company that could'nt repair for another 48 beyond that (vs. the other company who could have done it that same day or the next morning) it was'nt as issue of it being out of her control (her choice to go with the other company).

I personally completely agree with you, but the law may not. Because they are not talking about a/c in the law but are talking about heating.

Have you tried talking to her about it? She might be more than happy to work with you. I think that she should allow you decrease your out of pocket expensing completely, but I would just keep it a seperate issue than with the rent. The nicest people can turn into your worst nightmare. We are still battling our landlord and trust me, it is very uncomfortable to live in a house where you are not on good terms with your landlord. I just wouldn't withhold it without talking to her first.

 

[irishbosoxfan]

I agree with the 2 issues being seperate from having been there twice!
Once in KS,once in OK-----A/C isn't considered mandatory like heat,it's considered a convenience item! And it doesn't matter what the outside temp is! It stinks with heat waves but just because you rent a house with A/C doesn't mean they have to jump thru hoops to make sure it works! We tried the same route when in OK and were informed that having an A/C or even a working A/C wasn't mandatory and the landlord was under no obligation to fix or maintain the unit

After we found this out we found a way to break our lease (we are military) and moved out because with 2 small kids I was not staying there!

 

[taylor1293]

I understand your frustration, but I would absolutely NOT deduct it from the rent. This could cause you to be liable for late fees that are likely listed on your lease.

I would send her a bill for the hotel and the a/c service call. Explain all the costs involved and that you are only asking for X amount of this cost. If she is reasonable, she’ll pay it. If not, you can decide if you want to pursue it in small claims court or just drop the matter.

Good luck!

 

[kellyg403]

I agree to not deduct from your rent but ask for reimbursement. I will mention something that happened to me years ago when I lived in VA. One summer I had no AC in my house for 3 weeks in July/Aug. Long story short I was told that although I rented a house with heat/ac, ac was considered an aneminty (sp) whereas heating was considered something that HAD to be in working order at all times. Therefore, though rules apply it was not the same thing as heating. Because you can do things like buy fans, window air conditioners you can resolve the problem until the landlord fixes whereas with heat, people do things like opening the stove to heat the house or starting a fire in the sink etc. and it will not resolve the issue without injury.

Just a thought. But definitely keep a good working relationship with the landlord. 4 hour response time on a weekend is actually REALLY good. Alot of times they won't call back until Monday on a regular work day.

Kelly

 

[Honu]

First, kellyg403 is right. Air conditioning is an amenity and lack of it does not render unit inhabitable, by law.

Do not deduct anything from your rent. You will be in violation of your lease. Always request a reimbursement for expenses.

You will be able to recover money for the service call.

You will not be able to recover for the fans or the food.

Your landlord may reimburse your motel. I would have contacted her before and tried to work out an agreement to split it, but it's not something I would personally reimburse in this case.

For your DH's wages, she should pay this, but it's something I would discuss with her on the phone.

The best approach is to just let her know that you are about $1000 out of pocket in expenses on this and ask if there is any reimbursement available. When she asks for the breakdown give her everything, but say something along the lines of, "but I wouldn't expect reimbursement for that" when it comes to the fans and food. You'll get a lot further with open communication and flexibility than you will with demands.

Good luck.