My air conditioner has been out for nearly 5 weeks now. I have been down to the leasing office 12 times and have filled out 4 work orders. Maintence came by yesterday and said it was fixed it is over 100 in my apartment right now. They did not fix it. I went down there today and said that if it was not fixed by today that I was going to have it fixed and take it out of the rent. She said I was not allowed to do that and that I would have to fight it out in court. I am sick as so are my animals in this god awful heat. My cats have been throwing up. I got a 183 dollar bill today that I can not pay because I only budgeted for 140.00. I can not afford a lawyer as I am unemployed. What can I do?
Under the Texas property code §92.05 to. Landlord's duty to repair or remedy
(a) A landlord shall make a diligent effort to repair or remedy a condition if:
(1) the tenant specifies a condition in a notice to the person to whom or to the place where rent is normally paid;
(2) the tenant is not delinquent in the payment of rent at the time notice is given; and
(3) the condition:
(A) materially affects the physical health or safety of an ordinary tenant; or
This property code section continues and states that the landlord does not have a duty to repair if the unit was damaged by the tenant, etc.
With this code states is that you must provide in writing, which you indicate that you have filled out for work orders. However I would write a letter and send it by certified mail return receipt, Asking for the repair.
Didn't property code section 92.056, landlord liability & tenant remedies; notice and time for repair
(a) A landlord's liability under this section is subject to Section 92.05 to(B) regarding conditions that are caused by tenant and Section 92.054 Re: conditions that are insured casualties
(b) A landlord is liable to a tenant as provided by this subchapter if:
(1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid;
(2) the condition materially affects the physical health or safety of an ordinary tenant;
(3) the tenant is given the land board a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition on the notice given under Subdivision (1) where the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, or by registered mail;
(4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenants subsequent notice under Subdivision (3);
(5) The landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenants knows it's under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and
(6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given.
The section continues, and I have omitted paragraph(c) and begin with paragraph D:
(d) For purposes of Subsection (b) (3) or (4), In determining whether a period of time is a reasonable time to repair or remedy a condition there is a rebuttable presumption that 7 days is a reasonable time. To rebut that presumption, the date on which the landlord will deceive the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered.
(e) Except as provided in Subsection (f), A tenant to whom a landlord is liable under Subsection (b) of this section may:
(1) terminate the lease;
(2) have the condition repaired or remedied according to section 92.0561;
(3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to section 92.0561; and
(4) Obtain judicial remedies according to section 92.0563.
This section continues and tells you what your capable and allowed to do, §92.0561 explains to you what you must do in order to Repair the unit, and deduct rent. There are several criteria and limitations in these sections, and I would advise you to contact the University of Houston civil litigation clinic, either Dean Alderman, or Prof. Rick McElvaney to see if they can assist you with your case, or refer you to a similar legal aid group.
Good luck with your claim
In some states you can file a rent escrow action for a landlord's breach of your implied warranty of habitability. The implied warranty of habitability requires a landlord to ensure that the premises are safe for you to live in, and not having air conditioning could be a violation of that warranty.
If you cannot afford an attorney, I would suggest you contact a pro bono or legal aid organization in your area.