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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118659
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We are renting a house and are current on rent. our air

Customer Question

We are renting a house and are current on rent. our air conditioning broke and we need a whole new unit according to a repair company (thats going to cost $5000+).Our landlord on the same day the air conditioner broke in our unit, sold the property we live in to another company who plans to tear down our property and build condos. We haven't received any information on the new owner or signed a lease transfer.The unit is an older home so at times, without air conditioning the house has reached 90+ degrees. We have a 4 year old. I know according to dallas texas code, the landlord must provide refrigerated air that makes it at least 20 degrees cooler than outside or 85 degrees. We also dont have screens on the windows and are on a 2nd floor unit...not safe with small children to open windows.What are options...the landlord is saying we need to get out now because the new owner will not pay to fix the air conditioner.I also know that we need to send them a certified letter immediately requesting repairs etc and detailing the problem. I did email them yesterday and detail the issue over email. they have been very responsive and paid for a night in a hotel. They called late last night and told me the new owner will not repair the air.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Your lease still guarantees you peaceable possession of the unit and must be honored by the purchaser. They cannot refuse to repair the air conditioner as a means to force you out of the premises, if they do you can sue them for breach of lease and for the costs of you moving and your rent until the end of your lease. So you need to send them a letter informing them that you have a lease and their failure to provide air conditioning is a breach of the lease and if they refuse to remedy the situation you are demanding payment for the cost of you living elsewhere until it is repaired, payment for the cost of your move and payment for your rent until the end of your lease and if they refuse you are going to file a complaint to code enforcement and file a civil suit against them for damages.