Hello,
Different states have different landlord obligations. What state are you located in?
If you have put this info in the additional info portion, we can't see it until we post.
Thanks.
Matt
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I am renting in GA
Thanks
44-7-13. The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent.
Your landlord is responsible for repairs to keep the property in good condition. Georgia law says that a landlord cannot make a tenant make or pay for repairs, unless that tenant, his/her family or guests caused the damage.
For serious repair problems, local housing code departments can inspect for possible violations. Always make repair requests in writing and always keep a copy of any repair request you make.
If your landlord does not make the requested repairs within a reasonable amount of time there are some things you can do.
First, you may sue for damages. Another solution is to do the repairs yourself - or have someone else do them. You can then subtract the cost of the repairs from the next month's rent. Please consult a local attorney before attempting the repair and deduct solution, as Georgia law does not guarantee this right to you. If you do not have a written lease, your landlord cannot raise your rent or ask you to leave without giving you 60 days' notice. If you have a written lease, your rent cannot be raised during the term of the lease unless the lease says otherwise.
The problem here is that the A/C still works, just not very well. If it were nonfunctional, that would be one thing, but not working great is another. I don't believe that a poorly working A/C would rise to the level of being actionable under the duty to repair. I also don't believe that you would be entitled to any contribution from the LL on the bills under the same theory.
This is a close one, but I think a judge would rule for LL if this went to court.
Yes, I would send them notice certified mail requesting that they make repairs. They may get scared and think you are going to sue them when the get certified mail and may go ahead and replace the unit. If they don't respond, you can always file suit to try and argue that the AC and ductwork works so poorly it is essentially nonfunctional. It would be up to the judge to decide if the problem rose to the level of requiring the LL to fix it.
Attorney
9 years experience in real estate, estate planning, and criminal law