WHAT ARE A TENANT’S RIGHTS IF THE A/C IS OUT?
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WHAT ARE A TENANT’S RIGHTS IF THE A/C IS OUT?
NEIGHBORS WOKE US UP AND SAW SPARKS COMING FROM ROOF (AIR CONDITIONER). AIR OUT 42 DAYS AFTER THAT. 101 IN HOUSE ON A 110 DEGREE DAY. SHOULD THEY PUT US UP UNTIL FIXED? THEY CAME OUT FOR 4 HOURS AND MADE THINGS WORSE. HUSBAND DID NOT KNOW WHAT HE WAS DOING, THEY SAID IF NOT WORKING RIGHT OR IT GETS WORSE TO CALL. I’M SWEATING WITH OUR KIDS AND PETS.
Asked on July 3, 2011 under Real Estate Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no simple answer, since it is situational--it depends on the facts. A landlord does have to make sure that the rental premises is safely inhabitable; this called the implied warranty of habitability. In a place like AZ, that includes insuring that there is A/C in the summer.
However, landord's are not held to a standard of perfection--problems do happen, and the landlord's responsibility is to take reasonable action. They have to try to get the A/C fixed, but it may not be instantly fixable; as long as they are doing what they can (bringing in service people, etc.), they are probably discharging their responsibility re: repairs.
As for putting you up--they can't expose a tenant to danger, but a tenant may have to put up with discomfort. 101 degree termperature for a day or two should not kill moderately healthy person--people regularly put with that in the days before A/C. So for a short period of time while the A/C is being fixed, they probably don't have to put you up elsewhere. If the A/C can't be fixed for a prolonged period, then they might have to pay for you to stay at a motel, but it depends on the temperature, the duration, etc. The issue is when it passes from uncomfortable, even profoundly uncomfortable, to unhealthy or hazardous; that's when the landlord might be responsible for further action.
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