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  1. #1
    Join Date
    Aug 2015
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    1

    Default Owner Refuses to Replace A/C in My Rental Property

    My question involves landlord-tenant law in the State of: Texas

    I am a tenant in a duplex. The a/c is not capable of cooling the house. Temps range from 78-84 inside depending on room your in. I have a newborn at home as well this is a danger to(increased risk of SIDS and dehydration). They claim because it technically cools air, they aren't required to replace the unit even tho it doesn't cool the home to a safe temperature for the baby or a comfortable temperature for me. They attempted to break the lease and told me I was welcome to move anytime, however I lack the money to put a deposit on another home and am locked into this home due to that. I did my own research and the home should have a 2.5-3 ton unit and they installed a 2 ton unit that is now 10 years old. I have installed black out curtains in every room in order to try and reduce the temperatures in the home myself.
    What rights do I have in this case to force them into replacing the A/C?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Owner Refuses to Replace A/C in My Rental Property

    How long have you lived in the home?

    Is this a situation where the air conditioner does not function properly, or is the only issue that the unit is not powerful enough to cool the home to the temperatures you desire on hot days?

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Owner Refuses to Replace A/C in My Rental Property

    Quote Quoting Hparker
    View Post
    My question involves landlord-tenant law in the State of: Texas

    I am a tenant in a duplex. The a/c is not capable of cooling the house. Temps range from 78-84 inside depending on room your in. I have a newborn at home as well this is a danger to(increased risk of SIDS and dehydration). They claim because it technically cools air, they aren't required to replace the unit even tho it doesn't cool the home to a safe temperature for the baby or a comfortable temperature for me. They attempted to break the lease and told me I was welcome to move anytime, however I lack the money to put a deposit on another home and am locked into this home due to that. I did my own research and the home should have a 2.5-3 ton unit and they installed a 2 ton unit that is now 10 years old. I have installed black out curtains in every room in order to try and reduce the temperatures in the home myself.
    What rights do I have in this case to force them into replacing the A/C?
    I do not have any legal advice to offer you, but I can offer some practical advice.

    Portable air condition units (on wheels, with a hose that goes out the window) are very good for supplementing AC when its not working well. You can move the unit from room to room as needed. They are not very expensive and one of those might make you and the baby more comfortable.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Owner Refuses to Replace A/C in My Rental Property

    Quote Quoting Hparker
    View Post
    What rights do I have in this case to force them into replacing the A/C?
    Unfortunately, none.

    But there are some things you can do to improve the AC efficiency.

    First, buy one of these:

    http://www.homedepot.com/p/Ryobi-4-t...R001/100674438

    With that you can go around the house and make a note of the air temperature coming out of each vent.

    If the vents are adjustable you can restrict the flow in rooms that you are not usually in which will increase the flow in the baby's room and whatever room you spend the most time in.

    A portable AC unit is an OK idea but they take a lot of work. A window unit would probably be less hassle in the long run and cost about the same.

    If you are willing to spend $50 or $75 you can hire an AC pro to check the unit and make sure it's properly charged and operating correctly.

  5. #5
    Join Date
    Dec 2008
    Posts
    629

    Default Re: Owner Refuses to Replace A/C in My Rental Property

    Quote Quoting Hparker
    View Post
    They attempted to break the lease and told me I was welcome to move anytime, however I lack the money to put a deposit on another home and am locked into this home due to that.
    Did they attempt to break the lease or did they offer you the opportunity to break the lease and leave early with no penalty?



    Quote Quoting Hparker
    View Post
    Temps range from 78-84 inside depending on room your in. I have a newborn at home as well this is a danger to(increased risk of SIDS and dehydration).
    Where did you come up with these numbers being a danger to infants? The reason I ask is two fold. A quick googling of recommended AC settings gives a setting of 78 and up, this includes the department of energy recommendations. Also since humans have obviously survived for thousands of years without AC, I don't know if you'll have much traction claiming these temps are dangerous unless you can back it up with scientific claims. I have no doubt that they can be uncomfortable but dangerous I have to wonder.

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