can I sue my landlord if he refused to fix the air conditiong for over a year in my house?
I lived in this house the summer of 2010 with a broken air conditioning unit all summer and requested this be fixed numerous times. Again in the summer of 2011 I requested the unit be fixed and he refused until I had my own repair man come out and diagnose it which cost me $82. He then told me he wouldn't pay me for the repair man since I didn't use his guy even though I had asked to have this fixed for over a year. Also there has been mold in the house which he refused to have taken care of and simply painted over. He has also had me do my own repairs on the house including changing the faucets in the bathroom and I have had to replace a toilet. I had to buy the 2 faucets and toilet and spend my time to fix and was never reimbursed for any of this. Can I sue him for this?
- Anonymous9 years agoFavourite answer
He does not have to fix the AC unless you are in AZ, so you will not be able to recover the repair man. The repair was not authorized or required.
As far as the bathroom fixtures go it depends on if the landlord told you to replace these. If he did he pays for materials, not your time. If he did not he does not pay for anything.
- acermillLv 79 years ago
So you want to sue for $82, plus the cost of a toilet and a faucet ? You won't win the $82, because you undertook such repair on your own. Not sure why you had to replace a toilet, unless the bowl was cracked. Absent a cracked bowl, you can replace the tank plumbing for $20. Same applies to the faucets.
If you think you will win damages because you lived without working AC, you think wrongly. Working AC is not a requirement for human habitability unless you live in one of a few counties in southern Arizona.
- KiniLv 79 years ago
You should have also asked landlord to reimburse you if you paid for the repairs which you did not do. You could also have asked if you could deduct repair cost from your rent. You can take care of some mold by spraying the area with vinegar and water or bleach and water. Again, get written permission to do any repairs in the future, and get a statement from landlord allowing you to deduct repair costs from your rent.
You dont have a lawsuit because you had no agreement to cover any of the things you mentioned.
- Anonymous9 years ago
A/C is an amenity, NOT a necessity, unless your lease specifically includes it or you live in AZ.
Mold is rarely a habitability issue; you are welcome to call your local health department for an inspection. They are the only ones who can decide if anything needs to be done about mold.
You should not have replaced the faucets and toilet. That you took this upon yourself was no one's choice but your own. There are legally correct ways of forcing repairs; you need to research these for your state.
Sure, you can always sue someone. You will not win.
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- loanmasteroneLv 79 years ago
Before speaking with an attorney you might would want to check your rental or lease agreement to find out if there are provisions that would solve this problem.
The next thing you might consider is finding and speaking with a local tenant advocacy group about local laws and rental customs. The differ from county to county and state to state. You may google tenant advocacy group followed by the city and state in which you reside.
These individuals are normally attorneys that offer free advise and information on tenant problems.
You may sue the landlord if you would like. I am not sure you would have that much of a case, unless you have a paper trail where you requested the repairs in writing, followed up with the legal practices of your locality.
I hope this has been of some benefit to you, good luck.
- HeatherLv 79 years ago
What was wrong with the toilet? Was it really necessary to replace the entire item?
As for the broken A/C, unless your lease states that the landlord is responsible for providing you with a working A/C, you aren't going to be able to sue for that.
- 9 years ago
In my opinion it would be hard to Sue him although you could try. There are tons of "slum" landlord's that get away with this crap everyday. I would suggest talking to a lawyer and then go from there.
I wish you all the luck!!!
- 9 years ago
Yes... By law, the house has to be up to code for renting, and KEPT UP TO CODE, and if this is not doen, then he can be sued by the current renter!!!