Legal Question in Real Estate Law in Texas

air conditing not working

The ac in my apartment does not work, the temp in my apartment is 92 degrees,the temp outside is 102. the manager said that everything is working properly,but they will not come to check it, i had to call the city to come inspect my ac, so that the matience men would fix it.they did not do what they were told to do ,and it still does not work. I pay my rent on time, and have 3 little girls that do not need to be in this heat. what can i do about getting ac fixed?

can i pay someone to fix it, and take the money out of my rent?does the fact that this complex is all bills paid mean i am stuck?


Asked on 8/04/00, 7:44 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: air conditing not working

The failure of the landlord to provided promised or needed utilities such as A/C amounts to a "constructive eviction" and provides a legal basis to (1) terminate the lease and move, or (2) withhold that portion of the rent which the item represents. In your case that could be 1/3 to 1/2. If you withhold the rent, expect legal action for eviction. If you are not prepared to do legal battle with your landlord over this issue then complain in writing or keep the pressure on but do not withhold rent.

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Answered on 9/19/00, 11:01 am


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