Tenant rights to air conditioning?
2 attorney answers
Check the lease terms as to repairs, but, generally, a tenant is entitled to have the unit in the same condition as it was rented -- if it had a furnace, then the furnace should work; central air conditioning, then it should work. The failure of the landlord to make repairs in a timely manner gives rise to the tenant's cause of action for breach of the implied warranty of habitability. But ... the property is probably "habitable" (check your city codes for what is required for a premises to be habitable --- I don't know that central air is generally required) just not in the same condition as when you entered into your agreement. The damages would be the diminution in the value of the rental to you -- how much would you pay for a property with window air conditioners v. central air? The other course would be to move and use the defense of constructive eviction should the landlord attempt to enforce the lease.
This answer is to provide a general commentary on the matters posed and neither creates an attorney/client relationship nor carries any privilege of confidentiality.
This sounds identical to a question posted a day or so ago. In essence, you have the right to the premises as when it was leased to you, that is, with all the amenities as when it was shown to you. If they refuse the repair of the central A/C, you can be released from the lease. It may be something that simply requires your landlord (who sound like non-professional landlords) get a 'kick in the rear' sort of lawyer letter, threatening legal action. That may work, or if not, you may have to go to court. Alternatively, you can find a new residence, move out, and take the chance that they sue you. If your children are being affected sufficiently, that may be your most wise move, even if it means the need to defend later legal action from a landlord seeking future rents etc. Feel free to call and discuss: (314) 757-4861, or [email protected]