Looking for advice on inadequate A/C cooling in third floor apartment...should I just buy out the lease?

[annoyedtenant]

Need advice on how to handle this situation. I mistakenly rented a 3rd floor apartment in Texas with some weird expectation that it would be like any other apartment and that the A/C would function without an issue.

Well I just moved in and my expectations have been subverted. The A/C cannot keep up my with my demands (I set it on 70) and basically from around 9 AM to midnight, the unit cannot cool my apartment so the unit runs throughout that entire time range and the thermostat reading slowly goes up as the day goes on.

It is not even that hot outside, there's a high of 88 degrees and in some cities there are ordinances that the A/C should be able to cool at least 20 degrees below the outside ambient. So theoretically I should be able to have it cool down to 68.

I work nights so I'm gone basically 12 hours a day and I sleep during the day/hours when the A/C would not be performing which is, to say the least, ****. The apartment gets warm, stuffy, and it's not comfortable enough to sleep in which can affect my work. And when I'm off I am not able to enjoy living here because of the internal temp.

So far I am already considering buying out my lease which, while not, cheap, is not the worst thing in the world?

The problem here is that the A/C unit is technically functioning; the air coming out is cold but the tonnage is inadequate OR the insulation in the attic is either insufficient or non existent. I believe an upgraded unit would solve the problem but I am hesitant to believe my apartment complex will consider it. It would be amazing if they let me out of the lease due to health concerns.

My other concern is basically an unending back and forth with the apartment management who will basically just tell me to deal with it or will continue to have maintenance perform "fixes" that do not address the root problem. Case in point: today they replaced the compressor which, after doing so, has not made any difference. The unit itself has no problems as far as I know; like I said it blows out cold air like it should.

I guess I'm looking for advice on how to traverse this, how to communicate with the office, and if anyone has some tips on how I could spin things in my favor to get out of the lease without having to pay the early termination fees.

 

[dustmuffin]

Don't know about Texas law but here in Oklahoma you can break your lease for inadequate air-conditioning. I would tell them if they don't install a unit that will adequately cool the unit you are moving. Summer is almost over so you could delay this until the summer months when it's extremely hot.