QUESTION
Can I get compensated from apartment's last 2 months of rent and expenses for broken a/c unit & apartment unlivable?
Asked on Aug 21st, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
The air conditioner broke at my apartment in California almost 2 months ago. I immediately put in a work order & let them know when it happened (during 112 degree heatwave). The maintenance man has been working on it on and off since. I put in 4 more work orders since because it wasn't fixed. It's been over 90 degrees in apartment for periods of time over the last 2 months, with 2 adults & 4 kids feeling hot & sick for so long doesn't seem reasonable. We paid rent, paid money on eating out, cooling off & staying other places because it was not livable conditions. Would this fall under "the implied warranty of habitability"? I would like to get compensated for rent and extra unnecessary expenses during that time. What is best way to do that? What are my rights? Is it better to try to talk to corporate, and what is best to say or take to small claims?
2 ANSWERS
Litigation Attorney serving Bakersfield, CA
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Unfortunately, air-conditioning is not included in the warranty of habitability. You might look through your lease to determine whether it addresses the landlords obligation regarding air conditioning. Given that air-conditioning is not typically covered under the warranty of habitability, it may be a little bit risky to exercise your right to repair and deduct, but that might be your best Angle, If you use that approach to purchase a room air conditioner and offer it to the landlord to assist other tenants with air-conditioning problems, after your unit is fixed and your rent reduced by the cost of the room air conditioner.
Answered on Aug 22nd, 2013 at 11:57 AM
Ask the landlord to allow you a reduction on your next rent payment for the amount of food, transportation, etc. You could also leave if it has not yet been fixed.
Answered on Aug 22nd, 2013 at 11:28 AM