What are my rights if my landlord is procrastinating about fixing the A/C after being told it was not working over 3 weeks ago?

UPDATED: Jul 27, 2011

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What are my rights if my landlord is procrastinating about fixing the A/C after being told it was not working over 3 weeks ago?

My air has been out for over a month now. My landlord has been notified and. She keeps telling me that she called; she even gave me a day the guy was coming. The guy was a no-show and I notified her of that the next day. She said she was told that he would be there on that day. She then said she would call again but it’s still not fixed and we are in an extreme heat advisory. Also, me and 3 of the people living there have health issues that are aggravated by heat.

Asked on July 27, 2011 Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  If you have made ever effort to get her to fix it and she has not you may have options.  Go down to the court house nearest you for landlord tenant cases and ask the clerk to allow you to begin a proceeding to pay your rent in to court as the landlord has breached the warranty of habitability for your home.  Air conditioning that is part of the renatl agreement that is broken is just that.  Once you do that the court will allow you to pay the rent to them until such time that the AC is fixed.  Also ask for an abatement  - reduction - of the rent for the time that is has been broken. Do this quickly and before the next rental payment is due.  Bring proof that it has been out.  This will get her attention.  Good luck to you. 

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