WHAT ARE A TENANT’S RIGHTS IF THE A/C IS OUT?

Get Legal Help Today

 Secured with SHA-256 Encryption

WHAT ARE A TENANT’S RIGHTS IF THE A/C IS OUT?

NEIGHBORS WOKE US UP AND SAW SPARKS COMING FROM ROOF (AIR CONDITIONER). AIR OUT 42 DAYS AFTER THAT. 101 IN HOUSE ON A 110 DEGREE DAY. SHOULD THEY PUT US UP UNTIL FIXED? THEY CAME OUT FOR 4 HOURS AND MADE THINGS WORSE. HUSBAND DID NOT KNOW WHAT HE WAS DOING, THEY SAID IF NOT WORKING RIGHT OR IT GETS WORSE TO CALL. I’M SWEATING WITH OUR KIDS AND PETS.

Asked on July 3, 2011 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no simple answer, since it is situational--it depends on the facts. A landlord does have to make sure that the rental premises is safely inhabitable; this called the implied warranty of habitability. In a place like AZ, that includes insuring that there is A/C in the summer.

However, landord's are not held to a standard of perfection--problems do happen, and the landlord's responsibility is to take reasonable action. They have to try to get the A/C fixed, but it may not be instantly fixable; as long as they are doing what they can (bringing in service people, etc.), they are probably discharging their responsibility re: repairs.

As for putting you up--they can't expose a tenant to danger, but a tenant may have to put up with discomfort. 101 degree termperature for a day or two should not kill moderately healthy person--people regularly put with that in the days before A/C. So for a short period of time while the A/C is being fixed, they probably don't have to put you up elsewhere. If the A/C can't be fixed for a prolonged period, then they might have to pay for you to stay at a motel, but it depends on the temperature, the duration, etc. The issue is when it passes from uncomfortable, even profoundly uncomfortable, to unhealthy or hazardous; that's when the landlord might be responsible for further action.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption