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  1. #1
    Join Date
    Sep 2013
    Location
    Texas
    Posts
    5

    Default Landlords Refuse to Make Repairs

    My question involves landlord-tenant law in the State of: Texas
    Hello, my roommate and I have moved into a new apt. but in the same apt. complex. We have found that the apartment has had some issues with it that our old one did not have. These include

    -our A/C clicks unusually loud upon turning on and off.
    -supposed leakage of A/C air through windows and door (our electricity bill was double from our old apt. although we are on the second floor this time)
    -AC does not cool rooms properly (except living room). So I have had to sleep in the living room.

    The bigger problem is our AC clicking. It wakes us up through the night. I have had bad sleep issues before all this and because of the AC my problem has gotten so bad that I am now in need, and have scheduled, a sleep study. We have been requesting maintenance on our problem for more than a month now. The first and second time we notified them they did not arrive until 3 weeks later. We have been complaining about these issues for a long time but they seem to be beating around the bush about fixing anything. Maintenance has come a few times but each time they never get the job done and the problem persists. They also told us that they would send a professional to fix our problems but this is not happening either.

    My question is, how should I go about resolving my issue? I have seen that a "repair and deduct" may be an option but I am still unaware about the details of how to carry this out. I have not gotten anything in writing with my requests to fix the problems (other than emails sent through their website but this does not show what our complaint was). Would it be a good idea to write a statement summarizing what has happened these past weeks, ask them to sign it, and explain to them that I do plan to do a "repair and deduct" if the problem is not fixed within x amount of days?

    I really appreciate any advice you guys can give on this matter.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Landlords Refuse to Have Repairs

    Save the money on the sleep study. Use ear plugs.

  3. #3
    Join Date
    Sep 2013
    Location
    Texas
    Posts
    5

    Default Re: Landlords Refuse to Have Repairs

    Thanks for the quick advice, however I have a sleep disorder that makes it difficult for me to sleep. I've tried earplugs but it makes it much more difficult for me as it actually makes it louder. my breathing is heavy at night due to my health problems and so I can hear myself breathing very loud with earplugs. The AC adds to my problem. Any advice on my question please?

  4. #4
    Join Date
    Sep 2013
    Posts
    7

    Default Re: Landlords Refuse to Have Repairs

    I am not a lawyer, but I believe you have a right to refuse rent payment until the problem is resolved. Contact an attorney and read about your rights.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Landlords Refuse to Have Repairs

    Quote Quoting alberto
    View Post
    I am not a lawyer, but I believe you have a right to refuse rent payment until the problem is resolved. Contact an attorney and read about your rights.

    Withholding rent is a very dangerous proposition unless the monies are held in escrow.

  6. #6
    Join Date
    Oct 2011
    Location
    Ohio
    Posts
    17

    Default Re: Landlords Refuse to Have Repairs

    Have you tried a sound machine?

    http://www.google.com/search?hl=en&s...e+Search&gbv=1

    I don't think a landlord has a legal obligation to "be sensitive" to a peculiar medical condition, unless, I suppose, it is defined as a legitimate disability.

    As for it costing more to cool an upstairs apartment--I would expect that. Heat rises. I've always lived in 2-story houses, and the upstairs has always been warmer than the downstairs. And the A/C would never cool the upstairs as well as the downstairs.

  7. #7
    Join Date
    Sep 2013
    Location
    Texas
    Posts
    5

    Default Re: Landlords Refuse to Have Repairs

    Thanks for the replies
    I have also seen online that it is risky to withhold rent or to do a "deduct and pay". Especially since I have nothing in writing on our numerous complaints to them. Do I have any other options that can resolve this matter without the risk?
    reason why I thought it was a good idea for them to sign a summary of what has happened was to at least have things in writing of the events so if I ever do take this to court I'll have something. That's of course assuming they would sign it.

    - - - Updated - - -

    Thanks for the reply
    oh yea, we have tried those too. the problem is that the AC is actually very loud upon turning on and off piercing the sound machine. It even startles us and guests when it turns on during the day when were all moving about making noise. We're pretty sure there is something wrong with it's motor.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlords Refuse to Have Repairs

    Quote Quoting hjtj68
    View Post
    My question involves landlord-tenant law in the State of: Texas
    Hello, my roommate and I have moved into a new apt. but in the same apt. complex. We have found that the apartment has had some issues with it that our old one did not have. These include

    -our A/C clicks unusually loud upon turning on and off.
    Some electronic switches are louder than others and, sorry, the landlord is not responsible for your acute sensitivity to noise.
    Quote Quoting hjtj68
    -supposed leakage of A/C air through windows and door (our electricity bill was double from our old apt. although we are on the second floor this time)
    Either air is leaking out or it isn't - there's no "supposed" about it. If air is leaking out, weatherstripping is cheap. Ask your landlord if he'll install some, or if he'll let you install some.
    Quote Quoting hjtj68
    -AC does not cool rooms properly (except living room). So I have had to sleep in the living room.
    What's "properly"? The room cools down to what temperature? Is cold air coming out of the vents?
    Quote Quoting hjtj68
    I have had bad sleep issues before all this and because of the AC my problem has gotten so bad that I am now in need, and have scheduled, a sleep study.
    That doesn't make sense. If you know the problem is the clicking, what is a sleep study going to show?
    Quote Quoting hjtj68
    I have seen that a "repair and deduct" may be an option but I am still unaware about the details of how to carry this out.
    Among other restrictions, the "repair and deduct" remedy is available when "the condition materially affects the physical health or safety of an ordinary tenant". Texas Property Code, § 92.056 Unfortunately, from what you've told us so far, the "click" you describe is not the type of issue that is going to affect the health or safety of an ordinary tenant. The mandatory steps for "repair and deduct" are described here.
    Quote Quoting alberto
    View Post
    I am not a lawyer, but I believe you have a right to refuse rent payment until the problem is resolved. Contact an attorney and read about your rights.
    You are not only wrong, you're dangerously wrong. You cannot even use "repair and deduct" in Texas if you're behind in your rent. You're telling the OP how to get evicted.

  9. #9
    Join Date
    Sep 2013
    Location
    Texas
    Posts
    5

    Default Re: Landlords Refuse to Have Repairs

    cold air is fine in living room but a significant 10 degrees hotter in the other rooms. cold air only barely comes out in those rooms. Yes I agree the landlord is not responsible for my personal health issues but this is a great annoyance to me and my roommate. The clicking just pushed me to the sleep study, it's just one factor. As mentioned though, the clicking is not just a little loud, it's very loud startling everyone. not normal. From what it sounds, I'm hearing that I should not do anything and that the landlords have a right give me the run around for weeks. That would be ridiculous. Yes, they don't have to tend to my every need but they do have to fix a apartment defect bothering a tenant when there is one don't they (which we are sure there is )?
    Is there anything besides a "repair and deduct" that a tenant could do to push a landlord to fix their apartment defect even if the defect is not an affect to health?

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlords Refuse to Have Repairs

    I had a furnace that clicked loudly and repeatedly when it cycled on. The clicking was due to the design of the ignition switch. It worked perfectly... in the sense that after thirty seconds to a minute of "CLICK, CLICK, CLICK" the furnace would come on, but it was annoying. It was not something that needed to be repaired, though, or even something that could be repaired.

    If the A/C is underperforming, it may be too small for the unit, it could be that it's dirty and needs to be cleaned, it could be that it needs a recharge of refrigerant.... If other apartments have the same A/C unit, you can ask other residents about clicking and about whether they're having problems cooling all of their rooms. You may be able to direct more cold air into the other rooms by partially closing the vents in the living room.

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