When you live in a southern state, such as Florida or Texas, or an area where the weather is warm year-round, such as Southern California and Arizona, air conditioning can make the difference between a rental. comfortable and a warm rental.
But not all states require landlords to provide air conditioning in rentals, and those that do may have requirements that don’t match your cooling standards. This is why it is important to review your state and city standards for providing air conditioning in rentals and get the answer to your burning question: “is it illegal for a landlord not to provide air conditioning?” ? “
Does my landlord need to provide air conditioning?
Most states do not require landlords to provide air conditioning in their rental units. This is because most places still view air conditioning as a convenience rather than a requirement of “safe and habitable” conditions, also known as “implied warranty of habitability”. This warranty may vary from state to state, but an owner must meet the state’s livability guarantee of their property.
However, if a tenant has a disability or health issue that requires air conditioning, a landlord may need to provide reasonable accommodations, such as an air conditioning unit with window. Additionally, some states require landlords to repair or correct any condition that makes a home uninhabitable or that impacts a tenant’s health and well-being, such as a heat wave that could cause heatstroke.
If you are in a unit that has air conditioning capability but has a broken air conditioning unit, you may be eligible for air conditioning. Some states require landlords to routinely provide air conditioning to tenants of a specific dwelling in which they have provided air conditioning in the past. For example, a previous tenant had air conditioning and it broke before you moved in. The state may require your landlord to repair and restore the air conditioning in this unit. But if a landlord has never provided air conditioning in that listing before and you request it, the state may not require the landlord to provide it.
Finally, some states see warm temperatures soaring into the triple digits frequently and for long periods of time. These states may view air conditioning as a basic tenant health and safety need and may have a high maximum temperature that a unit can reach before air conditioning is required. For example, Phoenix regulations state that a unit cannot exceed 82 degrees Fahrenheit with an air conditioner and 86 degrees with an evaporative cooler. In Texas, homeowners must provide “refrigerated air,” that is, air that is at least 20 degrees cooler than the outside temperature.
What can I do if my landlord refuses to fix the air conditioning?
If you live in rental accommodation that has air conditioning, whether or not you live in an area that needs it, your landlord is likely responsible for fixing or remedying the situation.
- Fixation: This involves inspecting and repairing it themselves or hiring a professional third party to inspect and repair it.
- Remedy: This involves providing fans, a window unit, or some other type of air cooling system to make the area more comfortable until the original air conditioning unit can be repaired or as a final solution.
In the event that your rental has an air conditioning failure, you should immediately notify your landlord of the problem. While you can tell them about the problem, it is best to always give them a written maintenance request and keep a copy for yourself, that way you have the proper documentation. Then you may have to wait a few days or weeks for the owner to have the air conditioning fixed. This required repair time varies from state to state.
While none of the following steps are approved legal advice, here are a few steps you can take to make sure your landlord repairs the air conditioning in a rental where they are required to fix or fix broken air conditioning:
- Document all air conditioning maintenance requests: Maybe you have to write to your landlord several times, either because of round trip communication or their refusal to fix the air conditioning. Always keep copies for legal matters.
- Review your state’s schedule requirements: Check how much time your landlord has to make the necessary repairs, for example a few weeks to a few months. This information can help you determine when to remind your landlord about necessary repairs or take action if the situation is not resolved on time.
- Repair and deduct the amount of your rent: If this exceeds the state time limit, you can choose to hire a licensed professional to resolve the issue and pay out of pocket. Make sure you choose a professional whose services will not cost more than your state allows a tenant to pay out of pocket for landlord responsibilities. And provide your receipts to your landlord when paying rent.
- Consult a legal professional: Speak with a rental or real estate attorney to see what your options are regarding withholding your rent until issues are resolved, your lease terminated due to a breach of terms, or prosecution. suing the landlord for damages and breach of the terms of your lease.
Can I provide my own air conditioning?
You may also want to consider bringing your own air conditioning unit, such as portable units or window units. Your landlord would not be responsible for repairing these homes or paying for the electricity that powers them. However, it is best to communicate this need to your landlord before signing a lease and moving in. They may be able to work with you to provide you with the air conditioning you want, or they may not approve of you having your own air conditioning, possibly due to the high demands on the electrical system.
Finally, landlords are unlikely to approve of you paying to install a permanent air conditioning system, as this could negatively impact landlord’s taxes and potential rental income. You can discuss with your landlord whether they could improve the rental with air conditioning, but there is no guarantee that they would.
Depending on the climate in which you live, you may or may not be entitled to any air conditioning. It’s important to understand state and city air conditioning regulations so you know what to expect from your rental and your landlord. This information can also help you determine what you really need for a rental, where you can get it, and how much you’ll need to pay for it.