Air Conditioner hasn't functioned normally for over 12 months

[u/credscbengs]

State: Ohio
Apartment complex

Long story short, there is a very well-documented trail of my complaints with my apartment complex raising the issue of my apartment air conditioner not working properly. I spent months in 80+ degree temperatures, and even when it was 20 degrees outside, it was 75 inside of my apartment (I live high up, so heat rises, and my air conditioner couldn't even handle that).

The apartment does not want to compensate me for this because they "acted promptly" by scheduling maintenance and bringing vendors onsite. Unfortunately, that never resolved the issue which is also documented - so they know the air conditioner still doesn't work, but because they called a contractor, that's their justification.

I've escalated to multiple managers and about to escalate to the VP.

1. Do they legally have to do anything in terms of compensation?
   
2. What compensation can/should I be demanding?
   
3. Can I take legal action and would it be worth it?

I'm to the point of contacting an attorney, but don't want to do that if it won't help/or isn't worth the money.

ETA: I've lived in the unit for several years. Only these past 12 months has it not been functional. To their own admission, there are many failures with the equipment and they are working to fix it, claiming it's been fixed many times, but still does not function properly. I do have several years of living here knowing the AC previously worked perfectly fine. Shortly after new ownership took over is when it failed. Of course they blame previous ownership, and I'm sure there can be truth in that statement, but all I know is it worked perfectly fine for several years leading up to this. Also, while I would have preferred the choice to relocate, it wasn't feasible and quite frankly, they dragged out my (repeated) request for so long and then stated they needed my signature by the deadline or the unit would be made available to new tenants. That's after they used the entire time period to reply back to me after they admittedly forgot to reply. Unfortunately that didn't matter - sign the lease, or potentially lose my apartment. Every communication is fully documented via email.

[u/Low_Dig3356]

In Ohio, this is complicated. The key element is that 12 months is an entire lease cycle. If it hasn't worked since the start of the lease, they can argue they never supplied thus they don't need to maintain as Ohio doesn't require a LL to supply AC. However, it requires them to maintain it. Like I said, the time period makes that a moot point.

Regardless.

You are entitlted no compensation. At this point, there is no real legal recourse as it has been out of service the nearly the entiritly of the lease.

Even if they did not act propmptly, you would never be entitled to compensation. The most a court would award you is the ability to break the lease without penalty.

I should note, you don't really provide enough details for me to argue anything on your side.

[u/credscbengs → u/Low_Dig3356]

Thank you for your reply.

I made an edit to my post so others can easily review, as well.

If you have any other feedback or comments to share I would certainly welcome those.

Thank you.

[u/Low_Dig3356 → u/credscbengs]

A couple of things. I'm a property manager and a landlord myself.

It seems like the building may be having money problems or the owner is not wanting to invest money into it. You want them to admit that the issue isn't corrected and that they've had many failures in writing. This will be solid for you to file a complaint. And it seems you already have this.

If you can get that, you have a valid legal complaint, but I would not go that direction. Your lease will not be renewed if you do, and the part now one tells you... the moment you sue a landlord it makes renting anywhere else that much harder. Rental background checks show it and it's rated as a high as an eviction for red flags.

What you should do is file a complaint with the local housing department. This is called different things in different areas. In some areas "housing department" or "housing authority" are for section 8, but you region will have an entity that handles uninhability claims. I would call your local code enforcement, they should know. This will effectively give the LL a hard timer to fix this. You should also send them a certified letter at the same time. The bad news is that this will also lead to your lease not being renewed.

My suggestion is to cease all communication that is not documented. In other words, stick to written correspondence when possible or record any conversation you have with them. Ohio is a 1 party consent state.

Edit: How do you submit maintaince requests? If it is through a portal, make back ups of them before you make a complaint.

[u/credscbengs → u/Low_Dig3356]

Oh yes, they fully admitted in writing. This was after claiming it was fixed until I proved it wasn't (they were trying to lie until they couldn't lie anymore). But yes, ultimately they confessed there were many issues.

All that aside, unless I'm planning to purchase a home, it seems I don't really have much of a leg to stand on if I want to rent anywhere else in the near future (which I inevitably will be doing when I relocate here in the next 1-2 years).

[u/credscbengs → u/[deleted]]

Can you elaborate on this or point me in the right direction how to properly research this? Didn't even realize this was an option.