Can I call a repairman if the lanlord takes too long?
February 212010
It’s in the mid 90s south Mississippi, its frikin HOT! I have 3 children whose faces are jet red and hair soaked with sweat from the heat all day. Opening the windows doesnt do a damn thing. I called them a month ago and told them I thought it needed freon bc it wasnt blowing cold. They came by 10 days later, changed the filter and wiped off some dust and said it would start blowing cold. Well, it didnt. They told me I would have to open some windows bc the ac isnt going to work great in the summertime. I spoke to an ac repairman over the phone and he said he could come out, and whatever the problem it probably needs freon also. So, then we noticed the fan out back stops turning sometimes. So we called the landlord to let them know, and it’s been 5 days. Each day she says "someone will be there tomorrow." It’s supposed to get hotter throughout the week, and I dont know when they will show up. The ac repairman we spoke to said he’ll come out same day we call him. I dont want the landlord to hate us, but it’s ridiculously hot in this damn place, no air flow at all. And Im afraid of my children overheating. My head is spinning as I type this. How many more days should I wait before calling someone myself to fix the ac and send the landlord the bill? And actually I think who I thought was the landlord is just realty management, can I call the actual owner if I can find out who it is?
Well, if I have to wait for them to come over and they still do not fix it, what do I do then???
if you call a repair person, you are going to get stuck with the bill. The landlord reports to someone, find out who and call.
i understand it is hot, but remember, people lived without ac for over 2000 years.
February 21st, 2010 at 12:44 pm
You can call the real owner all you want, if you can locate him. But if you call a repairman, it is on your own dime, so to speak. The landlord MAY choose to reimburse you, but he is not obligated to do so.
In addition, if your repairman does any damage to the unit, you will be hit with the bill, so if you go that way, make sure you’re using a reliable firm.
References :
February 21st, 2010 at 12:57 pm
if you call a repair person, you are going to get stuck with the bill. The landlord reports to someone, find out who and call.
i understand it is hot, but remember, people lived without ac for over 2000 years.
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February 21st, 2010 at 1:11 pm
Normally you need to send a letter to withhold rent to fix the problem.
http://www.free-legal-document.com/letter-to-landlord-withholding-rent.html
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February 21st, 2010 at 2:01 pm
You can find the actual owner of the house by searching land records in your county. Whoever holds the mortgage or note, will be your owner.
As far as the repair, I think you can withhold rent until it’s fixed. Just send a notice to whomever you pay the rent to.
Another thing to think of is to contact your state, county or city entity that’s in charge of these things. Sometimes, if they can deem the house needs repair, they can fine the owner as well.
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February 21st, 2010 at 2:26 pm
It’s the owner responsibility to have the AC repaired. If you take matter in your own hands and call a repairman, then you are going to be stuck with the bill.
References :
Rental law in ohio
February 21st, 2010 at 2:56 pm
First of all you cannot contact the owner directly – they will not talk to tenants if they have a manager.
I’m not sure about Mississippi but the following is legal in most states:
You need to send them a certified letter for legal proof they know about it. Then you must wait the # of days dictated by Mississippi law.
You can then hire the AC guy to fix it and take only that amount off the next months rent.
Do not listen to any one telling you to stop paying rent. That is illegal and will just get you evicted.
References :
I’m a property manager
February 21st, 2010 at 3:10 pm
First off, you need to notify the landlord or management of the issue in writing – preferably via certified return receipt mailing, so that you have proof of the notice. Make and keep a copy of the letter you send, for your own records/proof.
If the landlord or management takes no action within 30 days, then you have the right to have the A/C repaired and be reimbursed for the cost. You have to follow the laws exactly as written.
Sec. 89-8-15. Repair of defects
(1) If, within thirty (30) days after written notice to the landlord of a specific and material defect which constitutes a breach of the terms of the rental agreement or of the obligation of the landlord under Section 89-8-23, the landlord fails to repair such defect, the tenant:
(a) May repair such defect himself; and
(b) Except as otherwise provided in subsection (2) of this section, shall be entitled to reimbursement of the expenses of such repairs within forty-five (45) days after submission to the landlord of receipted bills for such work, provided that:
(i) The tenant has fulfilled his affirmative obligations under Section 89-8-25;
(ii) The expenses incurred in making such repairs do not exceed an amount equal to one (1) month’s rent;
(iii) The tenant has not exercised the remedy provided by this section in the six (6) months immediately preceding; and
(iv) The tenant is current in his rental payment.
(2) A tenant shall not be entitled to be reimbursed for repairs made pursuant to this section in an amount greater than the usual and customary charge for such repairs.
Sec. 89-8-23. Obligations of landlord
(1) A landlord shall at all times during the tenancy:
(a) Comply with the requirements of applicable building and housing codes materially affecting health and safety;
(b) Maintain the dwelling unit, its plumbing, heating and/or cooling system, in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded, unless the dwelling unit, its plumbing, heating and/or cooling system is damaged or impaired as a result of the deliberate or negligent actions of the tenant.
References :
http://www.mslawyer.com/statutes/landlord.html