Landlord-Tenant

[Shorty]

Back in October of last year I rented an apartment that's located in the rear of a house. I live in Florida which we all know is hot most of time. My problem with my landlord is that they have control of the air conditioner. I have no access to it. I recently told the landlord that we weren't getting any air at night and that it was becoming hard for me to even sleep. For a couple of days it was on at night but that didn't last too long. I wake up almost every night around 1 or 2 in the morning with my nose all stuffed up from not being able to breathe. I have to constantly be buying sinus medication due to this problem. In January I was diagnosed with asthmatic bronchitis which I've never had in my life. I've visited the hospital twice this year and I have hospital bills that I cannot afford to pay at this time. I don't know what to do anymore? I am a good tenant, I always pay my rent on time and I don't give them any problems. I need some advice on what I should do about this "air" problem. Please help!

 

[Michael Wechsler]

Is there an agreement to provide air conditioning for your residence in your lease? Can you install your own air conditioner? If you can, then it is possible that you are in control of your own destiny. Unless the landlord controls the flow of air to your apartment, I am not aware of a law that might protect you. A landlord is required by law to provide a residence that is habitable as a general proposition, not that it must meet the needs of each tenant's specific afflictions.

 

[Shorty]

There is no lease.

 

[Michael Wechsler]

If there is no lease then you probably have very little leverage. Typically, state law would probably recognize a month to month tenancy and the landlord could oust you. One of the reasons to have a lease is also to bind the landlord to certain obligations. It would seem to me that your options are to move or install an air conditioner at your expense and possible with the permission of the landlord, if necessary.