Utilities Included in Rent - but Not Getting Them

**freeheartt33** · 07-23-2009, 12:12 PM

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

My lease states that utilities are included. My a/c has not worked yet this season. State law says for non-included utilities that the landlord must provide "reasonable" a/c during the season. Would this apply to utilities included as well? If so, what exactly is reasonable? State law defines this for heating but not for a/c.

What recourse do I have? Can I deduct an amount off of my rent? Can I withhold rent? Is this considered the landlord breaking the lease??

Thanks!

CMS

**lill** · 07-23-2009, 02:21 PM

Please re-read the law. It clearly states that the landlord must maintain the A/C only if it is included as an amenity in your lease. If it is not in your lease, the landlord has no obligation for it's repair or replacement.

A/C is NOT considered a "utility".

**freeheartt33** · 07-24-2009, 05:19 AM

Oh, I read the law. It specifically used the words "reasonable air conditioning and heat". It even stated that heat had to be no less than 65 degrees during the day and 60 degrees at night. This is from what was published on the housing authority landlord/tenant handbook.

**lill** · 07-27-2009, 04:36 PM

The law states that the landlord must provide heat/hot water. It also states that .....that the landlord must maintain the AC ....IF PROVIDED!!! Provided is the key word.

From: http://leg1.state.va.us/cgi-bin/legp...+cod+55-248.13

7. Supply running water and reasonable amounts of hot water at all times and reasonable air conditioning if provided and heat in season except where the dwelling unit is so constructed that heat, air conditioning or hot water is generated by an installation within the exclusive control of the tenant or supplied by a direct public utility connection.

**freeheartt33** · 07-30-2009, 10:10 AM

Thanks Lill - it is in my lease that all utilities are included. A/C is provided. My question still remains...what is considered reasonable???

If it is deemed that he is NOT providing "reasonable" a/c what recourse do I have?

**Mr. Knowitall** · 07-30-2009, 01:58 PM

This is air conditioning through "an installation within the exclusive control of the tenant" - a unit that serves only your apartment? Then as you've been repeatedly told, reasonableness isn't a factor. The question is whether you're promised A/C in your lease, and you haven't instructed us as to whether A/C is even mentioned in your lease. (No, we did not ask if "utilities" are included. We asked about the specific inclusion of A/C.)

If, on the other hand, this is an A/C unit that serves multiple rental units, explain the details and we'll pick it up from there.