Broken A/C Not Being Fixed, Can We Break Our Lease

**yellow_daisy** · 07-18-2010, 04:36 PM

My question involves landlord-tenant law in the State of: California

I live in CA. We notified our landlord in writing on 6/29 that our A/C was broken. The weather is 90+ right now, 100+ for the last 5 days. The landlord finally sent out someone from the home warranty company on July 7th. The home warranty company said the unit was plumbed wrong and needed to be re-plumbed. On the evening of the 7th the home warranty company denied the claim because the policy didn't cover rental properties. We never heard another word from our landlord. On July 12th we gave our notice stating the broken A/C as a reason for breaking our lease. They said we would have to pay a penalty and the rent until the unit was re-rented. They finally set up an appt with another A/C company on 7/13, only after we gave notice, I took off work early and the A/C company never showed. After complaining about them not showing up they rescheduled for 7/16. The new A/C company said the same thing as the first one, but said they couldn't fix it without approval from the landlord. It is now 7/18 and we have heard nothing from the landlord. Do we have a legal right to break our lease without penalty or further liability given the circumstances?

**LawResearcherMissy** · 07-19-2010, 03:18 AM

Do we have a legal right to break our lease without penalty or further liability given the circumstances?

Lack of air conditioning is insufficient grounds for breaking a lease.

I presume you're looking at it as a breach of the implied warranty of habitability? Won't fly. A broken air conditioner does not constitute a serious defect in the apartment, rendering it uninhabitable.

**yellow_daisy** · 07-19-2010, 08:22 AM

So even if the unit was rented and advertised as having a working A/C and the current temperatures are 105-107 degrees that does not constitute a serious defect?

**LawResearcherMissy** · 07-19-2010, 08:41 AM

Nope. Did you read the link I sent, which details what your landlord is legally obligated to keep in good repair? Air conditioning is not on the list.

Super hot weather is a temporary problem. A broken air conditioner in a temporary spate of icky weather does not, by any stretch of reasonable imagination, render a dwelling completely uninhabitable. Uncomfortable, yes. Dangerous and uninhabitable, assuredly not.

Box fans can be had at Target for around $20. This is a much less expensive solution than letting your landlord take you to court for the rent for the remainder of your lease term, should you break your lease.

**yellow_daisy** · 07-19-2010, 10:33 AM

Thank you for the information. I did read the link, but I have found conflicting information on renter's rights pages, stating it is something of a grey area, which is why I asked. Also the 100+ temperature is not a temporary spate it is prolonged for several months, yes still temporary, but by no means will it end now that it has started before mid to late September. In my circumstance it is a dangerous and uninhabitable situation given certain medical conditions from which I suffer and have made the landlord aware of. My medical conditions qualify me for utility discounts because temperature can play such a dangerous role in my health.

We are going to consult an attorney considering the conflicting information I have read. Thank you for your opinion.

**SChinFChin** · 07-19-2010, 11:42 PM

Quoting yellow_daisy

Thank you for the information. I did read the link, but I have found conflicting information on renter's rights pages, stating it is something of a grey area, which is why I asked. Also the 100+ temperature is not a temporary spate it is prolonged for several months, yes still temporary, but by no means will it end now that it has started before mid to late September. In my circumstance it is a dangerous and uninhabitable situation given certain medical conditions from which I suffer and have made the landlord aware of. My medical conditions qualify me for utility discounts because temperature can play such a dangerous role in my health.

We are going to consult an attorney considering the conflicting information I have read. Thank you for your opinion.

What governs is the "warranty of habitability" as may be defined by your state law. See link for CA:

http://www.bettzedek.org/apartmentrepair.html

You would find that heat is on the list, but not air conditioning. So a non working AC would fall into the same category of a non-working dishwasher.

It sounds like it's a central AC?? Well, some years ago, I had a central AC installed, got a good deal in January, then we had a hot spell in July, and the compressor broke, still under warranty, but parts not available.

I went out right away, got myself a window AC for the bedroom, and ate takeout food in my bedroom, and stayed in my bedroom the whole time till the AC was fixed a month later.

If you have a medical condition, I would suggest you miitigate damages and suffering if you get yourself a window AC till the AC is fixed. It turned out that afterwards, I turned off the central AC at night, had my window AC on in the bedroom, saved myself a bunch of money on electric.