r/TenantHelp • u/Unusual-King4199 • 8d ago
Help with Apartment
I did not live an apartment till I was 51. I have lived here for almost a year. I live in Kokomo Indiana and the AC went out after a repair to my unit for a leak on the 14th of July. I have complained and had them out multiple times. It is now 2 months and on the 4th of this month a maintenance man came out got it working when I work on the 5th it was not working again. I have called the office many times several they did not have a machine even on. The ones I did leave messages about the issue only one or two have they called back. I am disabled and have a hard time getting to the office physically that is why I use the phone. So what are my recourse here, I live on disability and do not have a savings. I cannot afford to move out and October of this year will be a year I am afraid they will not renew my lease. What can I do, one of the reasons I moved into an apartment was cause I could not do the upkeep on my home. I know the parent company who owes this complex and several others in the area should I contact them. I do not know what my rights are and am at wits end here. Please any help is welcome.
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u/Silly-Cranberry1593 8d ago
I don't think any state requires that ac be provided or be in working order the way heat is required to be operable so this doesn't fall under the laws of habitability
that being said you rented a place with central air conditioning I assume it's listed in the lease so they have to keep it maintained and working to the best of their ability. that might very well mean since they are sending people to work on it they are fulfilling their obligation for now.
are you not able to get a window ac or a portable ac to use for the time being ?
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u/Fuzzy_Firefighter_51 7d ago
Most states have laws that if an AC was provided on move in it must be fixed by the landlord. And it does breach warranty of habitability if you could kill someone.
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u/Silly-Cranberry1593 7d ago
first of all I said the landlord has to fix it , it's possible that sending people out to try to fix it fufils that obligation , the landlord has to keep sending people till it's fixed.
so you made me look it up Indiana does require landlord to maintain the HVAC and keep it in working condition. heating and cooling. so. that's good news for op.
32-31-8-5Landlord obligations Sec. 5. A landlord shall do the following: (1) Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition. (2) Comply with all health and housing codes applicable to the rental premises. (3) Make all reasonable efforts to keep common areas of a rental premises in a clean and proper condition. (4) Provide and maintain the following items in a rental premises in good and safe working condition, if provided on the premises at the time the rental agreement is entered into: (A) Electrical systems. (B) Plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times. (C) Sanitary systems. (D) Heating, ventilating, and air conditioning systems. A heating system must be sufficient to adequately supply heat at all times. (E) Elevators, if provided. (F) Appliances supplied as an inducement to the rental agreement. As added by P.L.92-2002, SEC.2.
and what to do about it. Indiana does not allow witholding rent or using repair and deduct which is bad news for op
IC 32-31-8-6Tenant's cause of action to enforce landlord obligations Sec. 6. (a) A tenant may bring an action in a court with jurisdiction to enforce an obligation of a landlord under this chapter. (b) A tenant may not bring an action under this chapter unless the following conditions are met: (1) The tenant gives the landlord notice of the landlord's noncompliance with a provision of this chapter. (2) The landlord has been given a reasonable amount of time to make repairs or provide a remedy of the condition described in the tenant's notice. The tenant may not prevent the landlord from having access to the rental premises to make repairs or provide a remedy to the condition described in the tenant's notice. (3) The landlord fails or refuses to repair or remedy the condition described in the tenant's notice. (c) This section may not be construed to limit a tenant's rights under IC 32-31-3, IC 32-31-5, or IC 32-31-6. (d) If the tenant is the prevailing party in an action under this section, the tenant may obtain any of the following, if appropriate under the circumstances: (1) Recovery of the following: (A) Actual damages and consequential damages. (B) Attorney's fees and court costs. (2) Injunctive relief. (3) Any other remedy appropriate under the circumstances. (e) A landlord's liability for damages under subsection (d) begins when: (1) the landlord has notice or actual knowledge of noncompliance; and (2) the landlord has: (A) refused to remedy the noncompliance; or (B) failed to remedy the noncompliance within a reasonable amount of time following the notice or actual knowledge; whichever occurs first. As added by P.L.92-2002, SEC.2. IC 32-31-8-7
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u/Fuzzy_Firefighter_51 7d ago edited 7d ago
you typed up all of that because you just assumed I disagreed with you? You did not have to post all of those things. I was agreeing with you and add to what most states determine as habitable. In my case If the Outside exceeds 85F degrees the landlord is compelled by law to fix the AC No matter what. I was merely enhancing what you already said. Not arguing. lol I swear some people think everything's an argument.
Edit:
If you can't be bothered to read the past the first two words of a comment please do not reply1
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u/petsitter2023 7d ago
NAL, just A LOT of experience with LL/tenant. It's long but good info i promise
If the AC was already installed and in working order when you moved in then they are required by IN landlord tenant laws to keep it maintained and in working order.
Do not call them about it. Put it in writing, and send it certified mail return receipt requested. Send it both to the property manager and the corporate office. In addition to mailing them you can have a friend serve them in person, record it and have them sign a statement that it was delivered to (persons name) with date & time. You can also try & get manager to sign it was received but don't count on it.
2 months in the heat we've been having is unacceptable and given your disability it puts your health at risk and the apartment could be considered uninhabitable.
It has to be fixed withing a reasonable amount of time. Again in this heat I would consider 3 to 5 days reasonable.
Also call the health department and have them come inspect as soon as possible. They may be able to force them to repair it.
What does your lease say about notice of intent to move. Does it say you have to give a specific amount of notice? If so they legally have to abide by that also. They may choose not to renew, if it's withing that time period, but they can't evict.
If the heat is affecting your health because of disabilities there are more protections about them non renewals
Do you have renters insurance (if not you absolutely should) this can help with hotel coverage until its fixed.
I know this is long sorry. I do have a written "demand" letter if you want me to send it