3 weeks no AC - No help from Property Management

Noland

Noland

New Member
Jurisdiction
North Carolina
AC went out on 5.31.18, called maintenance HVAC company came out, they said the coil had a hole in it that couldn't be fixed, they had to order a replacement coil which would take about 2 weeks. So I asked the property management for a window unit....they said they would ask the landlord, on 6.8.18 I was told that I would get a window unit installed from Rent-A-Center, then at the end of the day around 4 pm after I waited all day, the Property Management tells me that the landlord denied getting the window unit because they will have to purchase a new AC unit....I still asked for window unit and I still haven't received a answer....Sent email this morning to the Property Management, called twice today 6.18.18 and I still haven't received a response.

Today is 98 degrees with a heat index of 105. The house is hot as hell, and I tell these people this and I still haven't received any help.

I am I able to go to the hotel and have them take it out of my rent?
 
Noland said:
am I able to go to the hotel and have them take it out of my rent?
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You MIGHT be able to do that, if it is agreed to by the property manager in writing and signed.

Otherwise, you can get a hotel room, but you will have to pay for it.

The law takes no notice of air conditioning as a landlord requirement similar to heat.

You LL claims to be in the process of repairing or replacing the broken unit.
 
There are plenty of people living without central AC. It is not a requirement. You can always rent a unit short term if you like.
 
Wow unbelievable.....in NC majority of people who live here has AC because of the heat. If that is the case why don't the property management just say that instead of ignoring me and not returning any of my phone calls....
 
Noland said:
I haven't heard from them since....and still no response today...
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You can buy a window unit, but make sure your landlord will allow you to install it, and the approval is granted in writing.

Otherwise, you are free to rent a hotel room, if you can not bear the heat.

You could also see if a friend or relative will allow you to stay in their home for a week or so.
 
The responses about AC are wrong.

"North Carolina landlord tenant statute 42-42. Landlord to provide fit premises.
(a) The landlord shall
(4) Maintain in good and safe working order and promptly repair all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied or required to be supplied by the landlord provided that notification of needed repairs is made to the landlord in writing by the tenant, except in emergency situations."

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-42.pdf

Unfortunately, you cannot deduct from rent as a remedy. You would have to go to court to get reimbursed for the hotel or buying your own window unit.

"42-44. General remedies, penalties, and limitations.
(a) Any right or obligation declared by this Chapter is enforceable by civil action, in addition to other remedies of law and in equity.
(c) The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so."

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-44.pdf

PS: Make sure you give the landlord written notice of the need for repairs and your intentions to seek a remedy in court if he doesn't hop to it.
 
adjusterjack said:
The responses about AC are wrong.

"North Carolina landlord tenant statute 42-42. Landlord to provide fit premises.
(a) The landlord shall
(4) Maintain in good and safe working order and promptly repair all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied or required to be supplied by the landlord provided that notification of needed repairs is made to the landlord in writing by the tenant, except in emergency situations."

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-42.pdf

Unfortunately, you cannot deduct from rent as a remedy. You would have to go to court to get reimbursed for the hotel or buying your own window unit.

"42-44. General remedies, penalties, and limitations.
(a) Any right or obligation declared by this Chapter is enforceable by civil action, in addition to other remedies of law and in equity.
(c) The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so."

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-44.pdf
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Thank you
 
So, basically my family and I have to sit in the heat until the landlord decides he wants to fix the unit, he can take as long as he want?
 
Noland said:
So, basically my family and I have to sit in the heat until the landlord decides he wants to fix the unit, he can take as long as he want?
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Not basically, ACTUALLY.
If you sue your landlord, the outcome might not be what you desire.
 
You sent an email and called twice today and want to know why you still haven't received a response despite the fact that you were already told it would be two weeks for the part to come in and it has been less than that, and it isn't even the end of the business day? You do realize you probably aren't the only issue they are dealing with. Constant calls and emails isn't going to make the part arrive faster or make the land lord get back to the property manager any quicker. Staying at a hotel to the tune of several hundred to thousands of dollars seems extreme when you can rent a unit for $30 a week. I've had my AC go out in the middle of a heat wave (doesn't it always seem to be when that happens?) and it isn't fun but it also isn't the end of the world.
 
ElleMD said:
You sent an email and called twice today and want to know why you still haven't received a response despite the fact that you were already told it would be two weeks for the part to come in and it has been less than that, and it isn't even the end of the business day? You do realize you probably aren't the only issue they are dealing with. Constant calls and emails isn't going to make the part arrive faster or make the land lord get back to the property manager any quicker. Staying at a hotel to the tune of several hundred to thousands of dollars seems extreme when you can rent a unit for $30 a week. I've had my AC go out in the middle of a heat wave (doesn't it always seem to be when that happens?) and it isn't fun but it also isn't the end of the world.
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ElleMD said:
You sent an email and called twice today and want to know why you still haven't received a response despite the fact that you were already told it would be two weeks for the part to come in and it has been less than that, and it isn't even the end of the business day? You do realize you probably aren't the only issue they are dealing with. Constant calls and emails isn't going to make the part arrive faster or make the land lord get back to the property manager any quicker. Staying at a hotel to the tune of several hundred to thousands of dollars seems extreme when you can rent a unit for $30 a week. I've had my AC go out in the middle of a heat wave (doesn't it always seem to be when that happens?) and it isn't fun but it also isn't the end of the world.
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I can call and send emails as much as I want.....the point is they shouldn't ignore me...I don't care if they have other issues they are dealing with, its their job! I pay every month on time and follow the rules........Ain't nobody said anything about it being the end of the world....all I was asking was some advise on how to handle my situation....I didn't ask for your opinion or your situation... Thanks and no thanks..
 
You are right, management contacted the HVAC company on 6.12 to see if the landlord paid so they can install the ac unit....They have not paid.....management called again this morning around 11 am to see if they paid, landlord has not paid...Thanks for your advice...
 

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