Q: Can I break my lease if the property manager does not fix air?
I live in Texas and the temperature inside my unit reaches up to 81 degrees whenever the outside temperature is in the 90s. My bedroom is hotter than the rest of the unit and reaches 83 degrees. I have submitted a work order to the office and sent a certified letter with photos of the thermostat. I was diagnosed with Migraines with Aura and a trigger for a migraine is excessive heat. I have been having migraines almost daily because of this. Maintenance came out and said there was nothing wrong with the air vents and the proper temperature is blowing out.
A:
The answer to your question depends heavily on local ordinances and the language of your lease agreement.
People were leasing space to live long before the invention of air conditioning. As a matter of common law and state law, there is no legal requirement that a leased space have working air conditioning. If air conditioning is included, like anything else, a landlord may have a duty to repair and a tenant may have a right to repair it themselves and deduct the cost from rent by following the procedure set forth in the Texas Property Code and lease. But usually, the tenant does not have the right to terminate the lease simply because it does not work.
Some leases and some city ordinances provide additional rights and remedies. For example, the City of Dallas Code requires landlords to maintain refrigerated air capable of keeping the temperature of the dwelling fifteen degrees cooler than the outside air temperature and not more than 85 degrees. In the City of Dallas, a tenant can call 311 to report a landlord who is not complying with its Code.
Excessive heat can trigger migraines and other adverse health effects. Excessive heat warnings are typically issued when the temperature exceeds 105 degrees. Heat advisories are issued when the temperature exceeds 100 degrees. ERCOT suggests setting your thermostat at 78 degrees in the daytime and 82 degrees at night for what it considers to be comfortable inside temperatures.
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