Do I have grounds to break my lease if my apartment complex doesn’t supply enough A/C to make the temperature go less than 85 degrees?

I have complained multiple times to my landlord about it being 85 to over 95 degrees in my apartment with the A/C on. The health department has been out twice to confirm that this is a problem that needs to be addressed and my 18 month old son is no longer able to live in my apartment because he was just released from the hospital for having dehydration resulting from this living condition.

Asked on July 9, 2012 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have written documentation from your local health department that the excess heat in your rental is unacceptable and poses a health problem due to your landlord's failure to remedy the air conditioning unit's failure to keep temperatures at an acceptable level, it would seem that under the laws of all states in this country that you would have a factual and legal basis to terminate your lease without recourse.

Before you do so, I suggest that to be on the safe side that you consult with a landlord tenant attorney about your situation.


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