What are my legal rights regarding having a workingair conditioner?

UPDATED: Jun 9, 2011

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What are my legal rights regarding having a workingair conditioner?

I have had my A/C unit replaced 3times. Each time it works for a little time and then I hear the compressor turn off. My landlord has stated these units are being over worked and therefore not putting out constant cold air. The hallway outside my door easily gets to about 100 degrees in the summer and that is where the A/C unit is located. The other night it reached 86 degrees at 11 pm. At this point they have said they have done what they can to help out, but they don’t make the A/C units like they used to.

Asked on June 9, 2011 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You probably have a right to the air conditioner, if (1) it's in your lease; (2) it's necessary for the premises to be inhabitable; and/or (3) you were told there was A/C, and that's why you rented.

However, if the landlord is doing everything he or she or it reasonably can--e.g. it keeps repairing or replacing the A/C when you tell the landlord about the problem--then legally there is nothing you can do. If they stop even trying, then you could bring a legal action, to force them to provide air conditioning and/or to seek monetary compensation for living without (i.e. you could sue); however, again, as long as they keep making efforts and taking reasonable steps, you don't have a cause of action just because they're having trouble effecting a permanent fix.

Note also that if you are missing the A/C in some way, that could affect your rights.

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