Is there anything that I can do about not having A/C in my apartment for 2.5 weeks?

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Is there anything that I can do about not having A/C in my apartment for 2.5 weeks?

The AC has been scheduled to get fixed twice already and now it’s on back order and won’t be in until “early next week”. I’ve had to have my windows open to keep the temp under 100 even with the smoke from the wild fires rolling in and I have horrible allergies there where only exacerbated by the smoke. Also, they closed their office when the A/C broke so that their emplyees don’t suffer but I guess they don’t care about me. The apartment office offered me $25 off but I don’t think that’s right.

Asked on July 5, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the landlord or property manager is trying to get the A/C repaired, but can't do so due to problems beyond its control--such as it's on back-order--they are doing nothing wrong. Landlords do not have to be perfect or resolve problems instantly, just take reasonable steps to correct  them. You would not have grounds to either terminate your lease or pay for the repair yourself and deduct the cost thereof from rent. You may be entitled to some monetary compensation for living without A/C: it would be, in theory, an amount equal to the difference in value (on the rental market) of an apartment like yours with A/C and without, for the period of time you have been living without the A/C. This might be larger than the $25 you've been offered, but is probably not all that much larger; given that you'd have to sue the landlord to obtain the money, it's most likely not worth taking legal action.


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