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Ask Michael Bradley Your Own Question
Michael Bradley
Michael Bradley,
Category: Landlord-Tenant
Satisfied Customers: 1068
Experience:  Owner at The Protection Group LLC
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I had gone to urgent care Thursday night due to breathing

Customer Question

I had gone to urgent care Thursday night due to breathing difficulty. they stated upper respiratory infection. AC broke middle of the night THAT night. Called landlord asap Friday morning. They said they coudnt send anyone out until sat 9-1. they came out sat 1030. They left saying they needed bid before fixing. told them as I had also told landlord of my health condition. he said I had to wait nothing he could do. I talked to landlord sat after the repair guys left. she said theyd have someone call me. Nothing as of yet. Sat night went to ER-now Pneumonia! My husband again called office and their cell and left messages about my emergcny. at this point what can I do? hire my own person and have it deducted from rent?
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: its month to month
JA: Landlord-tenant law varies by city and state. Where is the property located?
Customer: merced ca
JA: Anything else you want the lawyer to know before I connect you?
Customer: I thought they had two days from initial contact to fix or we could get our own
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Michael Bradley replied 2 months ago.

The key that you are going to have to point out is that your medical condition is a result of the AC breakdown. If a doctor can verify that the condition that you are having now, the pneumonia, was directly caused by the breakdown, then you can argue that the apartment is no longer habitable. That is the key when it comes to either breaking the lease or taking additional steps, whether the property is habitable. If you do not hear from your landlord quickly, I believe you have a couple options. One you can go to a hotel since that will be air-conditioned and then advise the landlord that you are going to the deduct the cost from your monthly rent. The second option that I see would be contacting a contractor and get an estimate to do the repair. Depending on the cost, you could do that and deduct that from your rent payment as well.