air stop working (by Pamela [AR]) Aug 5, 2013 6:47 AM|
air stop working (by Ken [NY]) Aug 5, 2013 7:35 AM
air stop working (by myob [GA]) Aug 5, 2013 7:43 AM
air stop working (by S i d [MO]) Aug 5, 2013 7:52 AM
air stop working (by Deanna [TX]) Aug 5, 2013 8:49 AM
air stop working (by Pattyk [MO]) Aug 5, 2013 9:31 AM
air stop working (by Txmike [TX]) Aug 5, 2013 10:09 AM
air stop working (by Gruvin [TX]) Aug 5, 2013 11:41 AM
air stop working (by Laura [MD]) Aug 5, 2013 5:16 PM
air stop working (by ltd [AZ]) Aug 5, 2013 5:35 PM
air stop working (by V [OH]) Aug 5, 2013 7:17 PM
air stop working (by gevans [SC]) Aug 6, 2013 10:43 AM
air stop working (by Pamela [AR]) Posted on: Aug 5, 2013 6:47 AM
State Specific Question About: ARKANSAS (AR)
Hi i would like to know if a tenant is 2 months late on their rent and has given us a 30 day notice that they are moving in 30 days,and their air condition goes out. Is the owner obligated to send a technician out to see about it? --66.83.xxx.xx
air stop working (by Ken [NY]) Posted on: Aug 5, 2013 7:35 AM
Yes and as soon as it is repaired they should get an eviction notice --24.92.xx.xxx
air stop working (by myob [GA]) Posted on: Aug 5, 2013 7:43 AM
Pam--- if they are 2 months late how close is the set out? Surely you have already filed for non payment of rent and had the Writ of Possession served??? RIGHT? Why would they be giving you 30 days notice---- they haven't paid this should have been settled by the court already? --74.184.xxx.xx
air stop working (by S i d [MO]) Posted on: Aug 5, 2013 7:52 AM
I'll ask a couple of general questions first and it will answer not only this but a ton of future, related questions.
Do you currently have a contract, in writing, with this tenant?
In that contract, who is responsible for repairs to the HVAC systems?
Has the contract be unmade yet by force of law (i.e. a judge said the contract is terminated)?
Who is currently in breach of the contract?
If you refuse to make a repair of ANY kind, for ANY reason (yes, even unpaid rent), will you be breaching the contract?
The answer to your initial question should now be obvious. Unfortunately, the fact that this tenant has breached the contract does not give YOU the right to breach it in retaliation. You need to stay in the right during the entire process, start to finish, when the judge finally says, "the contract is no longer binding on either party, judgment for the LL for rent owed."
The problem with our world is there's a childish mentality to excuse misbehavior by saying, "he/she started it." I'm not calling YOU childish, but it's the same basic reasoning going on here that a child uses to explain to their parents why they were justified in punching their older sibling ("he hit ME FIRST"). Now how would you as a parent respond to that type of logic? (grins)
The deal is the deal until a judge says it is no longer a deal...period. --108.250.xxx.xxx
air stop working (by Deanna [TX]) Posted on: Aug 5, 2013 8:49 AM
Late rent doesn't matter. 30 days notice doesn't matter. You fix your A/C, unless you have it in there that the tenant is responsible otherwise.
In my lease, for example, the tenant is not able to withhold rent for repairs. But if I don't remedy a condition within a certain timeframe, they're allowed to hire an A/C repair guy and take the cost out of a future month's rent-- as long as it's someone who advertises in the local phone book or newspaper, they submit receipts, etc, etc, etc. I avoid all that, and just take care of the repairs on my end of things.
What do you do? --96.46.xxx.xx
air stop working (by Pattyk [MO]) Posted on: Aug 5, 2013 9:31 AM
air stop working (by Txmike [TX]) Posted on: Aug 5, 2013 10:09 AM
According to the terms of my lease no. What does your lease say? --72.37.xxx.xxx
air stop working (by Gruvin [TX]) Posted on: Aug 5, 2013 11:41 AM
The Answer should be your rental agreement - if it is not then it is on you and you must repair it within the time frame listed in your state's statute. The late rent and the 30 day move out notice is irrelevant.
My rental agreement states that I am in charge of all repairs on my AC units. I have a family member that is licensed and he does all the work at a fair price(at cost parts plus his labor). --99.126.xx.xx
air stop working (by Laura [MD]) Posted on: Aug 5, 2013 5:16 PM
Yes, it need to be fixed HOWEVER - I would find out what timelin yur locality considers reasonable to get air conditioner fixed. In my area code enforcement doen not consider it to be a problem if you take 30 days to get it fixed. ASAP would not be my goal in this situation. --173.66.x.xxx
air stop working (by ltd [AZ]) Posted on: Aug 5, 2013 5:35 PM
Or - see if you are responsible for housing if the property is not habitable. In my state I am only responsible to pro rate the rent. Our conteact specifies a heat emergency as no ac and temp over 95. Tenant has choice to remain with their fans and portable ac or go to motel at their expense.
Maybe get them out to a motel then say you can't afford to fix the ac.
Not saying self help eviction but maybe taking advantage of the situation.
air stop working (by V [OH]) Posted on: Aug 5, 2013 7:17 PM
I used to work for a owner who would remove one of the fuses when rent is late, why not see what it needs and -order parts- because eventually you will need it going to advertise for thenext renter who you will prolly screen better. --75.94.xxx.xxx
air stop working (by gevans [SC]) Posted on: Aug 6, 2013 10:43 AM
Check to see what's wrong, and order the parts. Dont' pay for expedited shipping.
Darn, will have to order again!
Seriously, you will have to fix it anyway before the next renter. Don't give the judge an excuse to find against you. Fix it. --141.129.x.xx