AIR CONDITIONER BROKEN FOUR DAYS NOW. CAN I PRORATE RENT AS i PAY 1300 MONTH WHICH IS 40 DAY AND THE UNIT IS 89/90 DEGREES UNLIVABLE!

By STACEY LERNER

WELL TO START OF MY LITTLE STORY, I ORIGINALLY SIGNED MY FIRST LEASE IN MAY 2010.  IN OCT 2010 MY LANDLORD CAME BY WITH A NEW LEASE STATING THAT THE HOA HAD CALLED REQUESTING A NEW LEASE. MY FIRST LEASE WAS A YEARLY LEASE. I TOLD HER I HAD JUST MOVED IN IN MAY, BUT I WASN’T PLANNING ON MOVING ANYTIME SOON, SO I JUST SIGNED IT AND FIGURED OK I GUESS I’M GOOD FOR ANOTHER YEAR. THE AIR HAD LEAKED PRIOR TO THIS AND WHEN I CALLED HER SHE SAID THAT IT SWEATS ALOT AND  THERE WAS SOME STUFF I NEEDED TO BUY TO PUT DOWN THE CONDENSATION DRAIN. I DID THIS AND TURNED THE UNIT OFF AND WHEN I TURNED IT BACK ON IT WORKED. EVERY SO OFTEN I HAD TO TURN IT OFF FOR A WHILE THEN ON AND IT WORKED. FOR A FEW WEEKS THEN AGAIN AND SO ON. I CHANGE THE FILTERS REG AS SHOULD BE DONE AS WELL. NO PROBLEMS SINCE BACK THEN UNTILL RECENTLY.  ABOUT A WEEK AGO MY LANDLORD LEAVES A NOTE ABOUT SOME LETTER SHE GOT FROM THE HOA ABOUT A DOG CAGE IN FRONT OF THE UNIT WHICH MY DAUGHTER HAD OUT FOR A DAY AFTER CLEANING IT OUT AND SOME POTS IN THE BUSHES THAT INCIDENTELY BELONGED TO THE LANDLORD AND HAD BEEN THERE SINCE I MOVED IN A YEAR AGO. IN THIS LETTER IT STATES SHE PLANS ON INCREASING MY RENT BY 25 DOLLARS. NOW AFTER SIGNING MY NEW LEASE WHICH SAID MY ORIGINAL RENT SHOULD BE IN EFFECT UNTIL OCT. SHE CAN’T LEGALLY DO THAT I AM POSITIVE OF THIS. WITHIN DAYS THE AC DOES NOT WORK AND SHE TELLS ME TO CALL THIS GUY THAT SHE HAD A CONTRACTOR WORK ON HER PLACE A YEAR OR 2 AGO TO ASK HIM TO HELP ME TROUBLE SHOOT OVER THE PHONE. I CALL HIM AND HE OFFERS TO COME OVER AND TAKE A LOOK. HE WAS WORKING AND COULD NOT COME THAT NIGHT. THE NEXT NIGHT HE CAME AND LOOKED AT IT AND TOLD ME THAT IT WOULD HAVE TO BE SERVICED AND IT WAS NOT SOMEHTING HE COULD DO AND TOLD ME TO HAVE MY LANDLORD CALL HIM. I TOLD HER. HE SAID HE WOULD CALL THE SERVICE GUY TO COME OUT AS HE WAS THE CONTRACTOR WHO GOT THE AC INSTALLED FOR HER 2 YRS AGO. I CALLED HER AT 2PM TODAY AND HIM WITH NO RESPONSE. CALLED HER AND HIM AGAIN AT 7PM WITH NO RESPONSE AND THEN CALLED HER AGAIN AT 8PM AND SHE CALLED BACK STATING SHE HAS BEEN TRYING TO GET THIS GUY ALL DAY. HARD FOR ME TO BELEIVE AS SHE NEVER CALLED ME BACK FOR 6 HOURS! I HAVN’T BEEN ABLE TO LIVE AT HOME. MY THINGS ARE IN MOIST HOT HOUSE GETTING RUINED AND I DON’T SEE HOW I SHOULD PAY $40 A DAY WHEN IT IS INHABITABLE. SHE COULD HAVE HAD A SERVICE GUY COME IN AND FIX IT IN 24 HRS. WHAT ARE MY RIGHTS, I HAD IT OUT WITH HER ON THE PHONE AS POLITELY AS POSSIBLE. I PAID FIRST LAST AND SECURITY WHEN I MOVED IN THIS IS NOT A DUMP I LIVE IN. I ALREADY DECIDED TO MOVE WHEN MY LEASE IS UP. IS THE NEW LEASE VOIDABLE SINCE I HAD A PRIOR ONE. CAN I PRORATE. OH BY THE WAY ALL THE WINDOWS ARE NAILED SHUT IS THAT LEGAL AND SAFE? I AM BEYOND LIVID. ANY HELP IS APPRECIATED.

THANKS SL

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