On Mon, 28 Aug 2006 16:45:54 -0400, mm
wrote:


If I can
pinpoint the problem I can get it fixed and deduct it from the rent,
but they will not take the iniative to determine the problem.

OOps. On rereading this, it seems you were only talking about
deducting what it took to fix your current problem. Sorry.

Still, like a couple others, I think the problem is in the AC, and if
it is something that was replaced or serviced within the 4500 dollars,
the landlord has a warranty, and he should know about it before any
money is spent.

Even if it is some of these other possible problems suggested, the
landlord may not want to pay for it.

I wonder if anyone here could compare the cost of cooling with a good
AC to 72 or 74 degrees when it is set for that, with the cost of
cooling with an undercharged or broken AC to 80 degrees, when it is
set for 72 or 74.

Or a similar question: Does the bad AC use just as much to get to 80
when it is trying and failing to get to 70 as it does when it is only
trying to get to 80?

Even if the AC guys installed a defective thermostat, you have a duty
to mitigate damages, to cause your loss to be as little as possible.
(Well, you have self-interest to make it as little as possible, but if
you are going to try to attribute the loss to the landlord or the AC
guys he hired, you have a duty.) When you saw it was colder than
needed, and than wanted, you should have turned up the thermostat, as
high as it went if neccessary, and if that didn't work, you shoudl
have turned the AC off until the house got hot, then turned it back on
again, over and over. At the same time, you should have called the
landlord and said the thermostat wasn't working, or if you weren't
sure, just told him what you told us. He or the AC people would
conclude there is a problem with the thermostat (or possibly with
something else in the AC) and they would confirm their suspicions with
a test, and then fix it. He has a warranty from the AC people and he
needs to know if something isn't working right, so he can get the AC
people to fix it while the warranty is still in effect.

If you are talking about deducting from the rent the cost for
electricity you've already used, he may be generous for some reason
and let you deduct some of it, but since you haven't done any of the
above, I think you are responsible for the electric bill. Maybe if
you were at work the first day the new AC was running, you weren't
there to know that the thermostat wasn't working, maybe even a second
day, you could make a case you didn't realize there was a problem, but
after that, you should have turned the AC off when everyone left, and
turned it back on when you got home. If you don't want to do that,
you should pay the electric bill. (It will be hard to calculate how
much *additional* electricity was used on the first day or two that it
was cold in the house when no one was there.

As to extra electricity you might use in the future, you should do
what I say above and pay for everything you use.