If your A/C was broken for 6 days, should a landlord be obligated to prorate the tenants rent?

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If your A/C was broken for 6 days, should a landlord be obligated to prorate the tenants rent?

Are indoor temps between 87-92 habitable?

Asked on July 30, 2012 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, indoor temperatures between 87 and 92 would be  considered habitable--those were temperatures, for example, that people regularly faced before A/C was common and which are not hazardous, injurious, or unhealthy.

Furthermore, even when there is a condition which effects habitability, the landlord is generally only obligated to take "reasonable" steps to correct it. So, for example, even if these temperatures were considered so high as to violate the implied warranty of habitability, as long as the landlord has been trying reasonably to get the A/C fixed, he/she would be fulfilling his/her obligations.


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