Whose responsibility it is to fix a central air unit, – the landlord or the tenant?

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Whose responsibility it is to fix a central air unit, – the landlord or the tenant?

Asked on July 22, 2019 under Real Estate Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Absent a written agreement to the contrary, a landlord is responsible for the maintenance and repair of the real property, plus fixtures. Accordingly, the landlord would be obligted to fpay for the A/C repair.   

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless there is a written lease to the contrary, the central air would be the responsibility of the landlord, as part of the infrastructure of the property he/she owns. Parties are allowed to change costs, risks, liablity, etc. by contract, so if the lease makes this the tenant's responsibility, that would be legal.


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