What is the Law?

[LA_MERC_MadMAX]

Anybody know anything about Landlord/Tenent law?

Main reason I haven't been around the last couple of days is I haven't had A/C in my house. The landlord finally sent someone around this evening to gas the unit up, but the guy he sent told me it that the unit still had a leak and would only last a couple of weeks at best. Is there a law against this? Can I deduct money from my rent this month becuase I went 3 days with no A/C in the middle of Summer in SC?...What about the future if he doesn't fix the slow leak that is going to affect me again in the near future?

I just want to know my reights if anybody here knows them, please pass along.

[HENK]

if the a\c was part of the rented property ,and it did not brake through human action of yourself or someone else in the house,the landlord has to fix it !!!!
if not you can deduct from the rent .

[SweetGirL]

Read your lease agreement. A standard agreement states that the tenant CANNOT deduct rent automatically.

Also, your contract/agreement will outline how long the landlord has to repair or have someone out to look at the problem: could be 1-2 business days or longer.

My suggestion: WRITE your landlord - either by mail/letter or email (you want documentation, Max) - something like:

July 15, 2005

Dear Landlord: (whatever their name is)

Thank you for sending Acme A/C Company to my apartment on Thursday, 7-14-05 to repair the broken a/c unit; however, the repairman indicates that there is a leak in the unit which will cause me to be without A/C/coolant in just a couple/few weeks. Please advise as to what can be done to repair the unit to prevent having to endure the heat of the summer. I appreciate your prompt response.

Sincerely, Max

Something like that which would include the date the repairman came out and the date you are writing this letter to your landlord. Fine-tune what you want of the letter I wrote (if it helps), but just be sure to document IN WRITING that you have contacted and brought this to the attention of the landlord.

The documentation does not have to be sent by certified-mail or registered mail; an email these days that you BCC to yourself & print off would suffice in Small Claims Court if it ever got that far. If you DO decide to send it by regular mail, I would pay a bit more for the confirmation of receipt (couple of bucks).

I would not suggest you deduct any payment; the landlord has taken action to get the A/C working - whether it be temporary or permanent.

Just my thoughts on this. Good luck, buddy. ~Sam~

[LA_MERC_LaTech]

Sam said exactly what I was going to say. Read your rental agreement. If nothing is in there, write a letter (thus starting a paper trail).

GJ Sam, and GL Max!

[SnAkEbItE]

To heck with all that off with his head.

[Big_ch33se]

Check the lease, but you are prolly screwed in it. I just told my landlord very nasty things, threatened to lay the pimp hand on him and moved out.
:jk2

[LA_MERC_Dirge]

heck if the guy is willing to keep spending the money to have a guy come out and recharge it, let him waste his mopney. Sit back and smile while you see him spend 3-4 times what it would take to fix it.

[LA_MERC_Nutria]

Yeah but all the while his electricity bill is going through the roof because the a/c has to work harder to try to cool the place off. I had the same problem with my landlord and all he does is recharge it. That is why I am gone after this month.

[LA_MERC_Andyconda]

There is the Landlord/Tenant Act. It does outline laws for landlords but this is altered for every state. First and foremost is to check your rental agreement. Make sure it doesn't have statements in it that would cover the landlord from making repairs. Sam has good advice. Write him a letter explaining the situation so that you have your paper trail. Keep us posted.

[LA_MERC_BS]

MAx here is the Landlord/tenant act for South Carolina. Check through here and I'll keep searching for something a little more in your favor.

South Carolina Bar (http://www.scbar.org/public/lawline/lawline_rights_duties_of_tenantsasp.asp)

[LA_MERC_BS]

SECTION 27-33-50. Financial responsibility of tenant for utilities.

(A) Unless otherwise agreed in writing, a tenant has sole financial responsibility for gas, electric, water, sewerage, or garbage services provided to the premises the tenant leases, and a landlord is not liable for a tenant's account.

(B) An entity or utility providing gas, electric, water, sewerage, or garbage services must not:

(1) require a landlord to execute an agreement to be responsible for all charges billed to premises leased by a tenant; or

(2) discontinue or refuse to provide services to the premises the tenant leases based on the fact that the landlord refused to execute an agreement to be responsible for all the charges billed to the tenant leasing that premises.

(C) This provision does not apply to a landlord whose property is a multi-unit building consisting of four or more residential units served by a master meter or single connection.

[LA_MERC_BS]

You might want to look through the whole Landlord/Tenant section of SC, just to make sure theres nothing in there that the Landlord can use against you.
http://www.scstatehouse.net/code/statmast.htm

but if it were me, I'd try Sam's approach first. If you start slinging out state statues at this guy and he's gonna get pissed with you and not want to help you at all.

[LA_MERC_Andyconda]

Very True BS. Confuscious say "Catch more flies with honey, than do with Vinegar"

[LA_MERC_MadMAX]

Ok - so here's the deal. I have NO lease at all - no type of rental agreement of any kind. I pay rent, my landloard gives me a recipt, or either I just use my cancelled check for a reciept.

[SnAkEbItE]

Your sir are in a bad situation then, do you not watch Judge Judy ever?

[|Team Moped| Kripto]

There are three kinds of recourse that you can use

1.) Fix it yourself and take it out of your rent
2.) Withhold rent untill it is fixed
3.) If it's bad enough (applies more to heaters in the winter) call the city inspector to fine him for breaking a regulation.

You have to check your city/state law about which ones you can do. For example in iowa you are not allowed to fix something and take it out of rent. The cool thing for you is that I think it's illegal for you to live there and pay rent without a contract. On top of that it's very hard for him to have any recourse for you screwing him over (i.e. damnages, accidents, etc)

A nicely worded letter from you lawer seems to scare most people back into submission. (or somebody who can pretend and use big latin words).

[LA_MERC_BS]

That may work in your favor Max. As long as you can prove that you are a Tenant, then you are still entitled to all the benifits of SC's Landlord/Tenant laws. If the suger doesn't work on him, then slap the lemon on him. But if you have to resort to the lemon approach, then you might as well start looking for boxes and some good friends to help you move, because he'll find a way to get you out of there.