Hope this is the correct forum, it kind of falls under Landlord issues, so please direct me if somewhere more appropriate.
Here goes. LONG story short, we're currently in a dispute with our ridiculously tight-fisted LL. Our A/C broke on 30th July, rent was paid on 1st August as normal and LL informed about A/C. Although he has been tricky from the start (explaining this would be a whole other message, but in short, he wants nothing to do with actually being a landlord, he just wants his monthly rent and to pretend we don't exist!) we weren't particularly worried about the A/C though as it's clearly stated in the TA that it's on him. However, nearly 2 weeks later, he's refusing to fix it. Reason? Because, although the loud buzzing starts as soon as it's turned on, the air is cool for about 3-5 minutes before it starts blowing warm air. He believes we should just live with the 'inconvenience' of the buzzing sound and turn the A/C off every few minutes when the hot air starts. Obviously this is ridiculous (not to mention we have a 6 month old baby) and we've hardly used the living room this month as it's unbearable without A/C.
ANYWAY, we consulted a lawyer, he said it's not enough to dissolve the TA, but we should basically replace the A/C unit and deduct from Sept 1st rent. This is apparently the best legal option, so we informed the LL this is what we'll be doing if the A/C isnt fixed within 7 days. Needless to say, he's furious and says if we do this we will be starting a 'dispute' with him. we're day 3 into the 7 days notice we've given him - he's clearly not going to fix it, so looks like that's what we'll be doing.
THE PLOT THICKENS! Last night, we're on the couch eating dinner, baby on the floor play-mat in front of us and we suddenly hear horrible loud crackling sound, like fireworks, coming from the floor. It sounded to me like the apartment below us was on fire and this was a burning wood sound. we were petrified - suddenly the tiles started to rise and, no other word for it, explode. Husband grabbed the baby of the floor, a metre away from where it was happening, and yelled at me to get out. We made it out and just watched form the front door as our living room tiles all rose up. If this makes no sense, google 'tiles suddenly popping up' and youtube will show you examples. I can't tell you how scary it was, but anyway, thankfully no fire, no one was hurt, condo management (shockingly uncaring,) came to look at it and said it looks like heat made the tiles expand and there was too much pressure (wonder why the living room was so hot???) Anyway, our living room is completely unusable. cant use the dining room table, or couch - there's essentially no where to sit. There is a small 'safe' path you can squeeze around the outside of the room to get to the kitchen. Baby and I are confined to the bedroom today. Since it happened on a Saturday night and today is Sunday, we're stuck with it for now it seems. Landlord has been informed (I'm sure he'll find a way to blame us...over-used the floor perhaps?) anyway he's coming by this evening to view it. Our agent is advising that we just tell him we're dissolving the tenancy agreement and moving out by the end of the month if it isn't fixed ASAP. The A/C has totally taken a backseat, but it's obviously still a factor in how habitable the place is right now.
ADVICE NEEDED...Im scared that, while this is certainly the sanest option if the LL refuses to fix it, or wants to take his sweet time (having seen the video and photos, he's asked us to 'live with it') can we legally get out of the TA AND have a good case to get our security deposit back in full?? I accept that the latter may not happen, but that seems so unfair and I'd be willing to go to a small claims court over it, but will they be black and white and say 'you dissolved the TA without LL's permission, tough luck' or will they take into account that the place is basically unliveable?!
Any advice on how to handle this with the LL tonight? Or has the popping tiles ever happened to anyone else here? it seems to come under structural damage...how long did it take to fix?
Any help or advice so appreciated. Feeling pretty low right now. Thanks!
