What is a tenant’s recourse if their landlord will not repair their A/C in a timely manner?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is a tenant’s recourse if their landlord will not repair their A/C in a timely manner?
Our A/C went out on a Friday. It’s now Monday and the owner will not budge. He is insisting on going through his home warranty. It is (and has been) 90 + degrees each day. This is outrageous. My children are miserable as well as my out of town guests. Any action we can take? Any deduction in rent?
Asked on July 25, 2011 Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every lease, there is an implied warranty of habitability which means the landlord is required to maintain the premises in a habitable condition by complying with local and state housing codes. When the tenant notifies the landlord, landlord has to respond within a reasonable time by making the necessary repairs. If landlord fails to respond within a reasonable time, the tenant has the following remedies for a breach of the implied warranty of habitability: tenant can make the repairs (have someone repair the air conditioner) and deduct the cost from the rent or move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant decides to stay on the premises, withhold rent and defend against eviction. It could be argued that not repairing the air conditioner during the hot weather that has been scorching much of the country is a breach of the implied warranty of habitability and constitutes a health and safety issue.
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.