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How to Fix air Conditioner in apartment?

Air Conditioner / September 6, 2022

As a tenant, you have several options to try to get your landlord to fix your air conditioner.As a tenant, you have several options to try to get your landlord to fix your air conditioner.

When you rent an apartment, your landlord has the obligation to provide you with a living space that is fit for human habitation. This means that if something breaks down, your landlord might have to fix it to keep your apartment habitable. However, there are limits to this obligation.

Rental Unit Must be Habitable

The California Civil Code provides a list of items that are necessary to make a rental unit habitable. While heating facilities make the list of necessary items, air conditioning does not. However, the list only includes the minimum requirements and other conditions may make air conditioning necessary for habitation. For example, in areas with extremely high temperatures such as Borrego Springs, air conditioning may be necessary for your apartment's habitability. If you have a medical condition that makes air conditioning necessary, it may also become a requirement.

Amenities Are Not Essential

Aside from habitability requirements, your apartment may also contain amenities, such as kitchen appliances. Amenities make your apartment more comfortable, but are not considered to be essential for habitability. In most cases, a working air conditioner is considered as an amenity. You probably won't have much luck complaining about your air conditioner to your local code enforcement department unless it's part of a more serious wiring problem.

Lease May Address Issue

Regardless of whether air conditioner is necessary for habitability in your apartment, you should check your rental agreement and other related documents, such as a move-in checklist. If your air conditioner is mentioned in any of those documents, you could use them to complain to your landlord. You could make the case that his not fixing the air conditioner violates your rental agreement. If there's no mention of the air conditioner anywhere, you could try arguing that a working air conditioner is an implied feature of the apartment.

What You Can Do

If your landlord insists that he won't fix the air conditioner, you still have other options, but you should get proper legal advice before you proceed. If you break the lease over this problem, your landlord might be able to demand that you pay all rent until he manages to find another tenant to replace you. In most cases, it's not a good idea to complain about habitability because you'll likely lose a lawsuit. You can is seek monetary damages through the Small Claims Court because the lack of a working air conditioner affects your enjoyment of the apartment. You may also be able to repair the air conditioner yourself and get your landlord to pay you back through rent deduction or through an order from Small Claims Court.

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