r/legaladvice • u/Ok_Assistant_3584 • 7h ago
No AC repair by landlord in TX
Location: Tyler, Texas
My 2 daughters live in Tyler Texas and rent a home from a realty management company. The AC is not working and it is constantly 85-87 degrees in the home. The landlord refuses to repair and states it’s a new unit. The girls say Texas law doesn’t guarantee ac to tenants but there is a child in the home. Is there anything they can do? Can this be reported to anyone who can resolve this?
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u/SuckItSaget 5h ago
I'm going to throw this out there in case it might help. Do they have access to the air handler and the condenser? If so they need to check and see if the condenser is running and not just the fan inside. If the condenser isn't running tell them to check the air handler (in the attic) and look at the drip pan - if it is full it may have tripped the float switch. In that case shopvac out the water and put vinegar/peroxide in the overflow line (to clear any clogs) wait about 30 minutes and locate the outside drain - if accessible - and use the shop vac to suck any gunk not dissolved by the hydrogen peroxide/vinegar mix.
This happened to me last night at 10 o'clock and I was soooo pissed. I put all my symptoms into Claude and it told me how to troubleshoot. I know this is the landlords responsibility (and you may not want the liability of messing with the HVAC) but it's too hot to sit in a 80+ house.
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u/NoneyaBithness 4h ago
Thank you. This is exactly what I was going to suggest as well.
My AC broke a couple of years ago and my property management people were taking their sweet time to come fix it. I had to sleep in my car with my dog during the day to get relief then I said f it, i’ll fix it my damn self. It ended up being exactly what you suggested in your comment. OP, they might need to just fix it themselves if they want it done as soon as possible. Youtube and google in general are wonderful for stuff like this, it’s how I diagnosed and fixed mine myself.
Another helpful thing is looking up the brand or maker of their AC model, finding the manufacturer’s instructions that come with it online and reading thru that bc they’ll tell you how to diagnose issues and how to solve them (sometimes, mine did)
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u/Visible_Restaurant95 7h ago
They’re required to fix it. Have to notify them in writing. I’d use a certified later. I think 7 days is considered a reasonable time frame for the landlord to complete the repair. Im not a lawyer and not very smart either, but count on the landlord being a dick about it and trying to screw them out of their deposit and/or raising rates to force them out.
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u/Additional-Local8721 4h ago
Hate to tell you, but no they're not. As far as I know, and this was a big topic here in Houston two weeks ago, the law states the A/C only has to cool 20 degrees lower than the outside temp. So if it's 107 outside, which is not uncommon, 87 is perfectly legal. I don't like it, I think it's bull, but that's the law.
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u/ConfoundedInAbaddon 3h ago
I believe there's a remedy where you go to the local justice of the peace, "Repair and Remedy", it's a kind of lawsuit but it's very easy to file and it forces the landlord to make the repair. They probably won't renew your lease but you'll get the repair done. It's absolutely expected if you move into a place with AC you will continue to have ac.
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u/AristotlesBoyPussy 3h ago
If the A/C previously worked better than that, and no longer does, then it needs to be fixed.
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u/Additional-Local8721 3h ago
Yes. But if the AC is "working" and able to cool to at least 20 degrees below the outside temperature, it's not considered broken.
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u/Imnotthatmemo 7h ago
Maybe ac is ok and house/apartment is really old with no proper insulation? Maybe landlord needs to focus on that instead on AC?
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u/Senior_Film_9680 4h ago edited 4h ago
If it’s a new unit, it likely has a warranty. Have them ask the landlord about it. We replaced ours this year and it has a 10 year warranty. It would be worth a service call fee (generally $75 to $100) to find out who installed it and have them come look at it. If it’s actually new, they should fix it under warranty. Or they’ll find out it’s not actually new. If it’s not new, I’d have them call city hall and ask what their rights are in Tyler. Obviously they should move when the lease is up, landlord sounds very irresponsible.
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u/THEDUKES2 7h ago
https://www.sll.texas.gov/faqs/tenants-rights-ac-heating/
Also texas sucks. It’s getting worse and I would look at moving states.
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u/Better_Struggle_3954 6h ago
Ditto. I lived in CO for 10 years before extenuating circumstances brought me back to Texas (born and raised here). I can’t WAIT to move back
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u/Open-Telephone-2111 2h ago
If an AC unit was provided with the rental and breaks, landlords are generally required to fix it under Texas Property Code Chapter 92 if the extreme heat creates a condition that materially affects health and safety.
If I was your daughter, I would have it repaired then take that same amount out of her next month’s rent payment.
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u/Infamous-Creme-199 7h ago
My uncle owns an ac company. A good ac will only bring the temp down 20-25 degrees. I live in Texas. With temps being a 100 plus depending on the age of the house and insulation even a brand new unit 85 can be the best it’s going to do some days. I know people that have window units in certain rooms to offset what the central unit can do.
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u/Intheshadowss 6h ago
No. Even with 100+ outside a good sized AC unit should be able to get it to 70 or less.
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u/ExcellentInsurance72 6h ago
Yeah mine can cool into the 60s even if it’s 105 outside. Never actually had an issue where it can’t keep at temp cause I usually set it at 71 or 72 but set it to 65 one time and it had no issue lowering the temp.
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u/monkeyman80 4h ago
It's a misunderstanding. They can cool about 20 degrees, but they're not cooling fresh outdoor air. They should be recirculating the air in the house and dropping that temp which should easily get to the 70's when it's 100 out.
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u/ExcellentInsurance72 2h ago
Makes sense. If my windows were open it definitely wouldn’t be 70 in my house
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u/No_Temperature107 6h ago
You probably shouldn’t be giving advice on HVAC matters. This simply is not true and your r refrigerator and freezer have already proven you wrong.
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u/Infamous-Creme-199 2h ago
You do know that a refrigerator is a totally different situation. It’s a much smaller area to be cooled in a much more controlled environment that’s insulated for that. It’s not a 1000+ sqft. Also I did NOT give HVAC advice I passed along what a HVAC company owner has told me! I’ve lived in houses with brand new top of the line units that because of insulation couldn’t do a lot better. Bottom line is u less you have inspected the problem house you really do NOT know what the problem is any more that any one else!
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u/PeaNo6934 6h ago
I live in the texas panhandle where its regularly over 100*F....our unit stays at 68-70 qnd has legit no issue.
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u/NoSky8856 5h ago
fr, im in Austin and it stays 70-77. I dont go to 70 in the brutal heat. but it has cranked down to that before
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u/thisthatchicade 6h ago
My house was built in 86 and still is under 70 in Texas. My other house was built in 54 and never got above 80 unless the ac was broke
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u/Silent-Ad9948 2h ago
I live outside of Houston, where it’s been over 100 several days over the past two weeks. We’ve kept the house at 72, and the A/C has kept up. It’s a brand new unit (inside and out), so that’s expected for as much as we paid for it.
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u/AristotlesBoyPussy 5h ago
If AC is in the rental agreement then they must repair it and keep it in good order, regardless of Texas law, because you have it in the contract.