If your AC is broken and your landlord refuses to fix it, what temperature is considered “livable”?

My manager said that her apartment is 103 degrees all the time in the summer and we just have to deal with it. I don’t find anything over 85 livable especially with a baby in the house. What can I do legally?

Asked on September 4, 2012 under Real Estate Law, Arkansas

Answers:

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

Answered 8 years ago | Contributor

The issue here is a breach of the lease agreement  - providing air conditioning - as well as the breach of the warranty of habitability (103 definitely; 85 maybe with the baby).  You do not have to "deal with it" as the manager said.  In fact, you can go to landlord tenant court and start a proceeding for the breach, ask the court for an abatement (reduction) in the rent until it is fixed and to pay your rent in to court until it is fixed.  Then the court will make sure that it is taken care of.  Good luck. 


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