Landlady said house has central ac. It does not

[noodle]

Our landlady lives out of state. We have never met her. Before renting the house she sent us an email with all the house specifics. She stated the house has central ac. We moved in. It does not have central ac. I have suffered heat exhaustion and the house is full of mold. Is this legal? Is there any way to legally make her put the ac that she said the house has in? She emailed me appologizing because "she turned on the ac when she was here to visit last year before we rented from her and she thought it had ac"

 

[Gail_in_Georgia]

Landlord tenant statues typically state that a landlord must provide a rental unit with electrical, plumbing, heating and ventilation in working order. It's not unusual that air conditioning might not be included in this statute. Attached is the statute for Indiana that implies if air conditioning is included in the lease it must be in working order:

http://www.lawserver.com/law/state/indiana/in-code/indiana_code_32-31-8-5

No statute that includes air conditioning specifically states this must be central air. She could..and should...provide an adequate source even if these are window units.

It's doubtful you can "make" her do this if she refuses. At best you could request that the lease be terminated if she does not provide you with this.

One word of warning. Be careful about playing the "mold" card. It has, unfortunately, been terribly overused by tenants who either are unnecessarily worried that every evidence of mildew is deadly mold or who believe that mold is an instant legal out for them. It's not.

However, if there is mold on, say, a wall then this may be evidence there is leak between the walls and this needs to be looked into.

Gail

 

[pgl116]

Landlord tenant statues typically state that a landlord must provide a rental unit with electrical, plumbing, heating and ventilation in working order. It's not unusual that air conditioning might not be included in this statute. Attached is the statute for Indiana that implies if air conditioning is included in the lease it must be in working order:

No statute that includes air conditioning specifically states this must be central air. She could..and should...provide an adequate source even if these are window units.

It's doubtful you can "make" her do this if she refuses. At best you could request that the lease be terminated if she does not provide you with this.

One word of warning. Be careful about playing the "mold" card. It has, unfortunately, been terribly overused by tenants who either are unnecessarily worried that every evidence of mildew is deadly mold or who believe that mold is an instant legal out for them. It's not.

However, if there is mold on, say, a wall then this may be evidence there is leak between the walls and this needs to be looked into.

Gail

I think there may be a case here if the email stating the unit has AC is admissible as evidence it is false advertisement it could be a basis for terminating the lease and demanding moving expenses, or the landlord can be ordered to deliver what was advertised. As far as the mold not all black mold is the "black mold" what you are seeing is mostly moisture related around the shower in the bathroom, in the kitchen near the sink or dishwasher if you can wipe it or scrape it don't worry. "Black mold" is not very common you will usually notice it in areas without noticeable moisture it grows from the inside out and it has a dry and very fine cotton candy like texture. If you are concerned however call a professional.