Anyone know about tenants rights?

[Skylarr29]

Hi I was hoping a realtor, real estate attorney, landlord, or tenant could help me with a question.

To make a long story short my sister is renting a house and the AC is not working, it hasn't been working properly since she moved in but now it is really done. The landlord has a service contract on the house so she has to keep calling and have them out 1-2 times a week. They rig the AC to work for a day or two and then it stops again. Now it is summer in Florida and let me tell you it is hot. The landlord just keeps telling her to call the service company. She paid out of pocket to have another company come look at the unit and they said it is 15 years old and done (it also uses coolant which will no longer be allowed to be serviced at the end of this year) and that it needs to be replaced.

Can she withhold rent until the landlord agrees to set things straight. I have looked up tenant rights for our state but it mentions with holding rent for no heating but nothing about AC. Being in Florida it is more important to have AC than heat.

Advice??

 

[Pomlover2586]

In CA I know that if you contact the landlord [in writing, email, etc] they have 3 attempts to fix it [your sisters case they come out 3 times "rig" it and it breaks again]. After that your sister can have it fixed on her own and then deduct it from next months rent with a copy of the repair invoice attached. I would confirm this with a lawyer in FL but it works in CA. Good Luck

 

[LoraJ]

Not sure what the law is, but I think AC is more of a luxury than a necessity. Is AC written in her lease?

 

[happygirl]

I would think if it wasn't working when she moved in landlord wouldn't have to fix it.

 

[MarkBarbieri]

Not sure what the law is, but I think AC is more of a luxury than a necessity. Is AC written in her lease?

In Florida?!?

 

[bicker]

This will surely vary from state-to-state. Around here, a landlord would likely never be responsible for A/C unless it was central.

 

[hiwaygal]

Your sister should check her lease and check out state law.

A friend of mine is going through something similar with her AC right now...because it was noted in the lease that AC is "included" with the unit. And somehow our state law says something to the effect that if the temperature exceeds some point for 3 days or more the owner MUST replace the unit.

While AC may be considered a luxury in some of the northern states, it definitely is considered a necessity in the southern states.

 

[Skylarr29]

Thanks for the responses. It is a central AC unit and I don't consider AC a luxury. Now if it was winter here it wouldn't be such a problem. It's pushing 85degrees inside the house and probably 95+ outside. She is going to try and contact a lawyer or realtor to find out how to proceed.

 

[bicker]

That's a good idea. One thing she cannot do is (just) withhold rent -- she would still have to pay it, but she probably can set up an escrow account (or have a lawyer do it) and pay the rent into that account.

 

[Skylarr29]

That's a good idea. One thing she cannot do is (just) withhold rent -- she would still have to pay it, but she probably can set up an escrow account (or have a lawyer do it) and pay the rent into that account.

Thanks. We found out she can withhold rent if she gives 7 days written notice and the problem is not fixed. After going over the lease and our state laws he has to fix it because it is a major electrical issue and the house is in danger of an electrical fire and other major issues. Hopefully it will be settled quickly.

 

[LoraJ]

Good Luck!