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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 7382
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I have 2 contracts: one lease from 01/16/2016 to 01/15/2017,

Customer Question

Hi, I have 2 contracts: one lease from 01/16/2016 to 01/15/2017, another for to buy the property after, but with the verbal promise that as soon as I can, maybe mid 2016 I can move forward with the sale. Now I am ready to buy the house en July 15. Note: the owner want to sell the house as soon as possible not to lease...but now is the problem: The AC was broken 5 day ago and the owner don't wan to repair it.
The lease contract is a regular one and in any part say nothing about me or the owner is responsible for the repairs.
The sell contract don't say nothing too about repairs but only say that the sale of the house is "as is"
Now the owner want me to pay for a new AC or she will add the cost to the final price of the house.
1)who is responsible for repair?
2) what is a reasonable time frame for repair?
3)What should be my response to the owner in legal terms to resolve this situation?
Thank you
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 5 months ago.

From a lease perspective the landlord has the duty to maintain the premises, unless the parties contract differently. So for example, while a landlord need not install an air conditioner (as opposed to heating-which goes to habitability and is the landlord's express responsibility), if one came with the property and it was functioning, then the landlord must maintain it.

From a purchase perspective, one can make the contract as is, so the buyer would be responsible for the air conditioning repair; however, the lease is what is controlling since the real estate contract has not yet taken effect.

A reasonable time frame for repair is generally a week or possibly two (depending on the availability of a repairman)

One can discuss how since the air conditioning unit broke during the tenancy, the landlord is obligated to repair it.

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Expert:  legalgems replied 5 months ago.

Checking in to see on the above.

Thanks for using JA!

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