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May 31st, 2018 8 years in duplex...walk-in basement. House…

Customer Question
Hi May 31st, 2018 8...

Hi May 31st, 2018
8 years in duplex...walk-in basement.
House came with central AC... reason we took it as we have allergies. Landlord agreed, and we never had problem except for horrible choices of tenants...he had to evict 2 and 2 left him without payment.
2 years ago, new basement tenant moved in... likes it hot.
He opens windows rendering ac useless...house is constantly high 20's or 30's in the summer.
Landlord is favoring basement tenant as he is a bully.
House has poor insulation and I am pretty sure vents downstairs have not been plugged up.We cannot open windows due to pollen etc.
Last night landlord mowed the lawn and then shut off AC... we cooked all night.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Everything not code...real diy job...low skill from landlord Front door could be kicked by 12 year old...won't fix

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

At this point no...the ac is the issue and our quality of life...we cannot breathe let alone sleep

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

Start with this i guess...other concerns but this one will force us to move...i think he wants more rent money for the unit...he did raise the rent last year by 2% which is fine

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
5/31/2018
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,786
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 months ago

Good morning. Can you please clarify for me what your question is?

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Customer reply replied 2 months ago
Can he remove ac or force me to open windows or get special blinds and live in darkness
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 months ago

Thank you for the reply. No, you cannot be forced to do anything and the landlord needs to comply with the terms and conditions of the lease. If an a/c unit and a/c was part of the rental agreement, it needs to be provided. If the landlord or a tenant is doing something to interfere with your use and enjoyment of the rental and you are not getting the benefit of the a/c, written notice needs to be given and the landlord needs to cure and correct this and provide it or else they would be in breach of the lease. If they are in breach and fail to correct it, you could have a legal basis to vacate and sue.

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Customer reply replied 2 months ago
Ac was verbal not written in
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 months ago
It would be your word against theirs if there is a dispute as at some point during your 8 year tenancy and lease this should have been reduced to writing and made part of the rental agreement. They could try and come back and argue it was never included and optional and something they controlled.
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Customer reply replied 2 months ago
It was fine for 6 years so implicit, also he should not be able to reduce or remove existing features no?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 months ago
Correct. If the rental agreement contained these things they would need to remain. If the lease expired they can give notice that they will not be provided the next lease term but they can not just take them away in the middle of the lease term
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Customer reply replied 2 months ago
unless it’s written I have no legs
You keep saying it must be in the lease...that’s like saying the dishwasher is in the lease... you’re skirting
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 months ago
You have legs. If the a/c is included with the rental the landlord needs to make sure it is working and you have access to it. If they do not they could be in breach of the agreement as I said. You shared above someone else controls it or interferes with it and there are issues so those need to be addressed
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Customer reply replied 2 months ago
Not if, is...you keep iffing
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 months ago
What does that mean? I’m confused by your responses.
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Customer reply replied 2 months ago
Ok let’s leave it
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 months ago
Please let me know if there is anything else as I would be happy to respond.
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