What legal rights do I have to withhold my rent because the management won’t repair the A/C?

Since moving in my townhome on the 1st of last month, I have been complaining bout how hot it is on the second level. The second level is 10-15 degrees hotter than the first floor. I keep the thermostat set at 75-77 degrees and it is comfortable on the first floor at that temperature. I bought a digital thermometer so I could tell just how hot it is on the second level, and the temperature ranges from 85 to 90 degrees depending on the time of day. The management is telling me it’s because these townhomes are 25 years old and there is nothing that can be done, I find that hard to believe.

Asked on August 17, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Rather than withholding your rent and making the repairs to the air conditioning unit yourself and debiting such from the next month's rent, I suggest that you write the property manager a note stating that if the air conditioning unit is not fixed by a set date that you will have an air conditioning repair company come out, inspect the unit, and make repairs if need be billing the costs to the landlord.

Keep a copy of the letter for future use and need. If due date passes without repairs, then proceed with the repair person.

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