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I live with my ex daughter in law in her house. I live in a

 

Customer Question

I live with my ex daughter in law in her house. I live in a bedroom and pay 400.00 a month rent. I have use of the kitchen and bathroom. My question, is there a certain temperature range on the air conditioner to where if it is kept to hot you don't have to pay rent? Geez, she has the temp to 89 and I live in Ft. Worth, Texas where it is already 3 digit temps. I already have health issues and the heat in the house is making me sicker. Just wanted to know cause I am sick of paying rent and being so hot. Moving is not an option for me at the moment.

Submitted: 356 days and 16 hours ago.
Category: Landlord-Tenant
Value: $19
Status: CLOSED
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Expert:  bizlaw replied356 days and 15 hours ago.


bizlaw :

I assume you do not have a written lease dealing with the issue of air conditioning is that true? Do you have the option of getting a room air conditioner?

Customer :

Don't have a lease and room air conditioner is definitely not an option. She is trying to save money on the electric bill.

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Expert:  bizlaw replied356 days and 14 hours ago.

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Expert:  bizlaw replied356 days and 14 hours ago.

You can check with the Ft. Worth housing dept. to see if they have a specific standard. In Dallas if the temperature reaches 85 then the air conditioning does not work there is a violation of the covenant of habitability. In your situation, you would be taking the position that not providing air conditioning when the temperature reaches a high temperature violates the covenant of habitability included in every lease including a verbal lease. What you would do is give a notice in writing that the air conditioning has to operate at lower temperature than it is currently set at to avoid a continuing breach of the covenant of habitability because the high temperature adversely affects your health. Texas Property Code Section 92.052. The Dallas ordinance is 20578 which requires the air conditioner to be at least 20 degrees lower than the outside temp or 85 degrees whichever is warmer. You can use this as a standard if there is no standard in Ft. Worth.

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication

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Expert TypeAttorney
Category: Landlord-Tenant
Pos. Feedback: 96.1 %
Accepts: 255
Answered: 6/28/2012

Experience: Commercial and residential leases in NY & NJ & US

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