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I'm currently renting from an apartment in St. My A/C is…

Customer Question
Hello! I'm currently renting...

Hello! I'm currently renting from an apartment in St Paul

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

My A/C is broken, I notified them yesterday and they have been trying to fix it to no avail They don't have an estimate of when it can be fixed though

Lawyer's Assistant: Where is the apartment located?

I asked for accommodations yesterday since it was not going to be fixed and they told me to open a window I had to check into a hotel since I could not live or sleep there yeserday I want to know what my rights are, can I get reimbursed? Do they have to provide a hotel for me in the meantime? It is located near downtown St Paul

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

That is all

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 3 hours by:
5/30/2018
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 14,152
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 2 months ago

This appears to be a violation of the implied warranty (promise) of habitability if the A/C hasn't been fixed and it is forcing you off the property. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair defects in the rental unit. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement (in extreme cases); 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you will exercise one of those options if they do not make the necessary repairs to the property. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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