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broken air conditioner in the apartment i'm renting Qbert 08/03/03
    i moved in 2 and a half weeks ago, and it broke only 2 days after i moved in! i called the owner the next day, and her fiancee came to look at it 3 days later. he looked at it and said that his friend, a technitian, needs to come look at it. his friend came 2 or 3 days later and said i need a new air conditioner. the owner said he'd buy me one, but the next day he said that the one that broke is under warranty, and a guy from the store will come to look at it in 5 days. the guy came, and said it needs a lot of work (the compressor is broken, etc.), and a guy from the manufacturer (general electric) will come to pick it up in 6 days, and it might take about a week until they return it.

    so in total, assuming it takes GE 7 days to fix it, it will have been 25 days since it broke!

    my lease does not say anything about who's responsible for fixing things. it only says that any repairs under $75 must be paid by me, and any over $75 by the owner. also, if the repairs cost $100 or more, the owner may get 2 estimates.

    my question is: what are my rights here? the owner handled it very irresponsibly. i feel like i've been taken advantage of. i've paid my first month's rent and a deposit of the same value, but i obviously haven't gotten what i paid for. i've suffered greatly without air conditioning. am i entitled to a partial refund of the first month's rent? i don't think they'll give it to me if i ask, so what should i do? i'm in puerto rico, in case that's relevant. thanks.

      Clarification/Follow-up by Qbert on 08/04/03 7:28 pm:
      thank you, LisaB. yes, the landlord admits that she's responsible for the repairs, and offered to buy a new A/C, but the next day (which was exactly a week after it first broke), she suddenly remembered that the old A/C is under warranty! this saves her a bundle of money, but costs me approximately 18 extra days that i must suffer in the heat (in addition to the first 7 days before she remembered about the warranty, during which she tried to have her fiancee and his friend fix it).

      as to your question, i HAVE been able to reside in the apartment because i have no where else to live (i'm from new york city; i'm just here for a few months). so i'm surviving, but i sweat a lot, it's hard to sleep, and hard to study (i'm a student).

      i'm thinking of sending her an e-mail saying that i am not going to pay the 2nd month's rent until the A/C is back in my apartment in working condition, and when it IS fixed and returned, we will then have to discuss how much i should pay.

      what do you think? there's a good chance she'll just say "no, you must pay all the rent." also, is e-mailing not a good idea (vs. writing a letter)?

      Clarification/Follow-up by Qbert on 08/13/03 11:28 am:
      Lisa,

      i'll be getting the A/C back tomorrow. that makes it 28 days that it's been broken.

      meanwhile, i got a letter from the landlady yesterday saying: i hope you're OK, let me know what happened with the A/C and when you'll be sending this month's rent. please deduct $100 for the cost of the repair of the A/C.

      now, since i didn't pay anything for the repairs, i assume that that last line means: take $100 off as a refund for your inconvenience regarding the A/C (mind you, english isn't her first language).

      the problem is, in 3 words: i want more!

      the apartment is a small 1-bedroom, although many people in the condo call it a studio because the "real" 1-bdrm apartments are much larger. the rent is $650. i don't want to pay more than what the apartment is worth without the A/C, which i think is less than $550 in this neigborhood. in the past, i stayed in a smaller studio apartment in the same neigborhood, without A/C, for only $400 a month (although to be fair, it wasn't in a nice condo as this one is). therefore, this current apartment should be worth about $450 without A/C, in my opinion.

      how do you suggest i tell her that? "i'd like to just say flat-out: it's not worth $550 without A/C. i don't want to pay more than $450. also, if anything else breaks in the future, we have to decide how to handle it in a better way". i'll tell her about my previous $400 apartment and i'll explain how much i've suffered the whole month. what do you think?

 
Summary of Answers Received Answered On Answered By Average Rating
1. Hi Qbert! Since the guy from the store said that the air co...
08/03/03 LisaB4657Excellent or Above Average Answer
2. Hi again, Qbert! If I were in your position I would call th...
08/04/03 LisaB4657Excellent or Above Average Answer
3. Hi again, Qbert! It sounds like you feel that you should ha...
08/13/03 LisaB4657No rating received!
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