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Tina. I am in Dallas, Texas. On the 15th of September I

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Hello Tina. I am...

Hello Tina. I am in Dallas, Texas. On the 15th of September I moved in to an apartment at 1205 Walton Walker Blvd. The management company is Wehner Multi Family LLC. For the first 9 days I had no air condition during one of the hottest weeks of the year. I was in the office every day and was made new promises. When they finally came down to examine the issue the answer became we are working on it. On day 11 they were able to get air sorta to the downstairs. I was also advised by my neighbors this unit has a long history of no air. Today is the 2nd of October. The latest explanation to me was that after examining the problem it has become obvious the repair is very expensive and the new management wants to wait and evaluate their profit margin before deciding on repairs. Is that not crazy? Help

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 2 hours by:
10/3/2017
Lawyer: Taylor, Attorney replied 7 months ago
Taylor
Taylor, Attorney
Category: Landlord-Tenant
Satisfied Customers: 260
Experience: Attorney
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hi my name is ***** ***** i would be happy to help. if you would let me know your specific question is i would be happy to help!

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Customer reply replied 7 months ago
My question is what are my options legally to make them honor the contract and provide the contracted and advertised services.
Lawyer: Taylor, Attorney replied 7 months ago

According to state law, landlords must fix any condition that threatens a tenant's health or safety. In Texas, that condition can include a sweltering day in a stuffy apartment with no air conditioning.

Some cities have even stricter requirements. For instance, Dallas city code requires that property owners provide refrigerated air to tenants from April 1 to Nov. 1.

That doesn't mean Dallas requires landlords to keep apartments particularly cool. There is a formula code that compliance officers use to check whether temperatures are within an acceptable range. The benchmark for that is 85 degrees. In addition, if the outside temperature exceeds 105, the temperature inside the apartment only has to be 20 degrees less. So if the outside temp hits 110, a unit can be a 90 degrees inside.

Call the city. To make a complaint with Dallas code enforcement, call 311.

Then, to meet state law, put a copy of the letter in the mail. Make sure you give your name and address, a description of the repair problem, a request that repairs be made and a signature. You'll want to send this certified with a return receipt so you can prove it was mailed. That will cost roughly $6.

"The notice has to go to where the people ordinarily pay their rent. Often that is to a manager, who has no authority to fix anything. But that is where the notice has to go to under state law," Rollins said. "Once the landlords get the notice, they're supposed to respond in a reasonable amount of time. It's supposed to be seven days."

•Don't stop paying your rent. A tenant must continue to pay to use the state law.

If the air conditioning isn't fixed in a reasonable period of time, a tenant has the option to terminate the lease, move and sue for one month's rent plus $500, actual damages, court costs and attorney fees. Or the tenant can continue living there and sue for those same things.

Plus, the court can look at the amount of rent you have been paying and possibly order a rent rebate from the date of valid request for rent repair. They could also give a court order requiring repairs

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Lawyer: Taylor, Attorney replied 7 months ago

once you have the time to review that please let me know if you have any further questions. ultimately going to court over this is not worth it, you should try to do everything possible to work this out with your management company. maybe explain to them you know your options but would prefer a rent reduction or something of that nature instead.

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