Maintenance Problem

[NoKids4Me]

I'm in Texas. I live in an apartment and have a standard TAA lease. My landlord has refused to fix my broken ceiling fan. I recognize that this is a minor issue in the grand scheme of things, but it's the last straw for me in a long, long line of maintenance problems. It's also a big deal - as far as I'm concerned - because the AC alone will not cool my bedroom to an acceptable temperature. I've got it set on 68 (not looking forward to that electricity bill!) but the thermostat is on the other side of the apartment and so the AC measures the temperature there and shuts off while my bedroom is still 80.

My lease says that I should send a CRRR letter, after which they'll have a "reasonable time" to repair or remedy. I have done this. So my questions are:
1) What constitutes a "reasonable time"?
2) The lease states that "if the repair or remedy still hasn't been accomplished within that reasonable time period, (I) may immediately terminate this lease by giving (them) a final written notice." Is it that simple? I just send them a letter that says "Hey, you didn't do it. Now I'm out"?
3) If it IS that simple and that's all I need to do, then do I have to get out immediately? I still need to find another place, get approved, arrange movers, etc. I can't do those things overnight, although I certainly wish I could.
4) Let's say I don't have to get out immediately and I have two weeks to do so. What happens, then, if they make the repair in the meantime?

Thanks in advance for any advice/assistance you can give me!

 

[Zigner]

I don't think you'll be able to break the lease due to a malfunctioning ceiling fan:

From the TAA Standard Lease:


26.4 Air-Conditioning and Other Equipment. Air-condition- ing problems are normally not emergencies. If air-condi- tioning or other equipment malfunctions, you must notify us as soon as possible on a business day. We’ll act with cus- tomary diligence to make repairs and reconnections, tak- ing into consideration when casualty-insurance proceeds are received. Your rent will not abate in whole or in part.

 

[PayrollHRGuy]

Not so quick.




Responsibilities of Owner and Resident

2. 
   Our Responsibilities.
   
   31.1 Generally. We’ll act with customary diligence to:
   
   2. 
      (a) keep common areas reasonably clean, subject to
      
      Par. 25;
      
   4. 
      (b) maintain fixtures, hot water, heating, and air-condi-
      
      tioning equipment;
   6. 
      (c) substantially comply with all applicable laws regarding
      
      safety, sanitation, and fair housing; and
      
   8. 
      (d) make all reasonable repairs, subject to your obligation
      
      to pay for damages for which you’re liable.
      
3. 
   31.2 Your Remedies. If we violate any of the above, you may possibly terminate this Lease and exercise other reme- dies under Texas Property Code Sec. 92.056 by following this procedure:
   
   2. 
      (a) all rent must be current, and you must make a writ- ten request for repair or remedy of the condition—after which we’ll have a reasonable time for repair or remedy;
      
   4. 
      (b) ifwefailtodoso,youmustmakeasecondwrittenre- quest for the repair or remedy (to make sure that there has been no miscommunication between us)—after which we’ll have a reasonable time to repair or rem- edy; and
      
   6. 
      (c) if the repair or remedy still hasn’t been accomplished within that reasonable time period, you may immediate- ly terminate this Lease by giving us a final written notice.
      
4. 
   You also may exercise other statutory remedies, includ- ing those under Texas Property Code sec. 92.0561.
   

 

[Zigner]

First, a celing fan is not part of the air conditioning systems.

Next, let's look at Texas Property Code Sec 92.056:

(a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties.
(b) A landlord is liable to a tenant as provided by this subchapter if:

(1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid;

(2) the condition materially affects the physical health or safety of an ordinary tenant;

A warm (not hot, just warm) room does not materially affect the physical health or safety of an ordinary tenant. The OP has some discomfort that could be solved with a $20 box fan. The OP's discomfort (in my opinion) does not rise to the level that would allow for the lease to be broken.

 

[PayrollHRGuy]

The fan is certainly a fixture. I meant to bold the whole section.

 

[Zigner]

The fan is certainly a fixture. I meant to bold the whole section.

Fair enough...however...the lease doesn't say that the tenant CAN terminate the lease, just that the tenant might possibly be able to based on the law. The law specifically states that a failure to repair must have an adverse affect on the physical health or safety of the tenant before the tenant can break the lease.


EDIT: There are a ton of weasel words in that lease. For example, the entire section relating to obligations to repair starts with "generally". In essence, the lease points the tenant back to the law, and the law doesn't seem to allow for a termination of the lease based on solely on a broken ceiling fan that allows the room to stay warm. The OP should get a box fan and point it from the cooler part of the dwelling in to the warmer part.

 

[PayrollHRGuy]

Best weasel words "customary diligence".

The TAA should be ashamed of themselves.

But the OP shouldn't have to live indefinitely without a fixture he is paying for.

NoKids4Me: You need to read through 31.2 of the lease and make sure you have followed the proper notification requirements in the first place.

 

[Gail in Georgia]

"I'm in Texas. I live in an apartment and have a standard TAA lease. My landlord has refused to fix my broken ceiling fan. I recognize that this is a minor issue in the grand scheme of things, but it's the last straw for me in a long, long line of maintenance problems. It's also a big deal - as far as I'm concerned - because the AC alone will not cool my bedroom to an acceptable temperature. I've got it set on 68 (not looking forward to that electricity bill!) but the thermostat is on the other side of the apartment and so the AC measures the temperature there and shuts off while my bedroom is still 80."

I'm still trying to figure out how the OP assumes a ceiling fan is an air conditioner.

At any rate, a "reasonable" time would depend on the type of repair required. Water spewing out of a broken pipe needs to be quickly addressed. A broken ceiling fan? Not high on the repair list (in truth, many landlords hate ceiling fans because tenants are always pulling out the starters and will simply replace fans with ceiling lights and be done with them).

OP needs to realize that fixing the fan will only result in 80 degree air being pushed around in the room but hey, if that's what they want....

Gail

 

[PayrollHRGuy]

I'm still trying to figure out how the OP assumes a ceiling fan is an air conditioner.

I don't think the OP ever said the fan was the AC.

 

[Zigner]

The OP would have to assume that the fan is part of the AC system in order to avail himself of the law that allows for termination of the lease in cases of failure to repair the AC system.

 

[PayrollHRGuy]

The lease doesn't just say AC it also says "fixtures?"

 

[Zigner]

The lease doesn't just say AC it also says "fixtures?"

It's a logical procession: The lease says that the tenant might, maybe be able to terminate the lease under the law if those things aren't repaired in a timely manner (in essence). The law says that the problems must be must materially affect the safety or health of an ordinary tenant in order to allow for termination of the lease. A ceiling fan that is not working does not materially affect the safety or health of an ordinary tenant.

 

[NoKids4Me]

Nope, didn't think the ceiling fan was AC. And I'm well aware that the ceiling fan will not cool the air itself, but it will cool me. I'd prefer for it to be cooler, but I'm fully aware that fighting the AC battle will get me exactly nowhere, so I thought that perhaps they would be willing to do a small repair rather than a larger one. At least when the ceiling fan was working I could sleep in there; as it is, I've had to sleep in the couch for the past 3 weeks.

I'm honestly not trying to be a pain in their neck - I just want to be able to sleep in my bed. I pay (a lot - Austin is an expensive city!) for the bedroom, and I should be able to use it. I'm not married to the idea of breaking my lease - I'd be just fine if I could find a way to force their hand.

Is this an angle I could possibly use: I can't use the ceiling fan because one night it started shooting out sparks and smoke - enough that the smoke alarm went off. So, I don't know, it's possible that if I turned the switch on, it would come on. Would the fact that it malfunctioned in such a spectacular manner perhaps constitute a threat to my physical health or safety?

Thanks for the warning, Payroll HR Guy: I read that section very carefully, but I will go over it once again, keeping mind all the "weasel words".

 

[Zigner]

Is this an angle I could possibly use: I can't use the ceiling fan because one night it started shooting out sparks and smoke - enough that the smoke alarm went off. So, I don't know, it's possible that if I turned the switch on, it would come on. Would the fact that it malfunctioned in such a spectacular manner perhaps constitute a threat to my physical health or safety?

Yes, that is an electrical issue which might, in fact, rise to the level of a threat to your physical safety.
When did you send the notice? Did you specifically state that the fan caused a fire? (That might be embellishing just a bit, but hey, where there's smoke, there's fire!)

 

[NoKids4Me]

They received the notice last Thursday, according to the post office. This is the first sentence:

"On the evening of June 5, 2019, my bedroom ceiling fan malfunctioned, emitting sparks and smoke. I immediately turned it off and called the emergency maintenance phone number."

BTW: When I called the emergency maintenance number? Got the answering service. She put me on hold while she called the on-call guy. When she came back to the phone she told me that he hadn't answered and I should try calling back in 30 minutes. I told her that wasn't helpful, since, you know, I wasn't sure if there was anything burning inside the fan and she hung up on me.