What legal rights do I have to withhold my rent because the management won’t repair the A/C?

Since moving in my townhome on the 1st of last month, I have been complaining bout how hot it is on the second level. The second level is 10-15 degrees hotter than the first floor. I keep the thermostat set at 75-77 degrees and it is comfortable on the first floor at that temperature. I bought a digital thermometer so I could tell just how hot it is on the second level, and the temperature ranges from 85 to 90 degrees depending on the time of day. The management is telling me it’s because these townhomes are 25 years old and there is nothing that can be done, I find that hard to believe.

Asked on August 17, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Rather than withholding your rent and making the repairs to the air conditioning unit yourself and debiting such from the next month's rent, I suggest that you write the property manager a note stating that if the air conditioning unit is not fixed by a set date that you will have an air conditioning repair company come out, inspect the unit, and make repairs if need be billing the costs to the landlord.

Keep a copy of the letter for future use and need. If due date passes without repairs, then proceed with the repair person.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.