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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35334
Experience:  16 years real estate, Realtor. Landlord 26 years
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Attn: Barrister So the status on our situation with the AC

Customer Question

Attn: Barrister
Good Morning,
So the status on our situation with the AC being fixed on our property is this: We have asked for our rent to be pro rated from the time we were not able to live in the home due to outside temp being at 100+ and the inside being 85+ plus having 2 kids one 3 month old and one 9 year old. We asked to be credited for Monday, June 27th - July 19th. July 1 - 19th = $1178. June 27th -30th = $256 So we are looking at paying our next rent check at the amount of $461. But the property manager said we were only granted $947.50 with no reasoning as to why it was not for the time we were having to relocate. I still have yet to receive a response from the property manager, we have not paid rent yet. Also, I reported the company to the Better Business Bureau and the company here is their response:" The Company determined the amount of credit offered is deemed to be a fair compensation. Additionally, the Complainant can provide receipts of hotel stays for the Company to review that would justify an additional credit to the Complainant." We couldn't pay for hotel lodging due to paying the full month of June's rent (with us not living there June 27-30th).
I wanted to ask your legal advice about if this is a case I should take to small claims court, and is the company in the wrong?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Barrister replied 7 months ago.

Hello again,

.

To be very honest with you, while their number might be a bit on the low side, it is probably close enough to be reasonable, especially if you had some use of the property and didn't stay in a hotel for that entire time. Basically the courts look at what the reduced value of the dwelling is without AC vs with. So if it was worth $100 a day with AC, a judge might find it was worth $50 without. But he isn't going to say it is worth $0 if you were actually still using it or occupying it.

.

So you could probably goose them up a bit more and tell them that you will settle for $1200 as a credit or you will file suit in small claims court and try your chances there. It will cost them well over the $300 extra you are asking for to hire an attorney to represent them in court if you sued, so they should agree.

.

.

thanks

Barrister

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