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  1. #1

    Exclamation Air Conditioner Repair in Southern California

    My question involves landlord-tenant law in the State of: California--Month to Month Rental Agreement

    First, does the Landlord have to replace the air conditioner if it is broken.
    It has been misused by the tenant, in that the tenant leaves it on for the whole day and leaves the apartment to work, shopping.

    Second, does the tenant have the right to repair and deduct to repair it? Does this rule apply to replacing it?

    Third, I heard that the landlord doesn't have to provide a air conditioner except in AZ. Can I have some proof, civil codes or something

    Forth, in state of California, air conditioner considered an amenity or habitability?

    Thanks

  2. #2
    Join Date
    Oct 2006
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    20

    Default Re: Air Conditioner in Southern California

    If a landlord rents an apartment advertising that it is air conditioned, it stands to reason that said air conditioner should be in good working order. If it breaks down or just doesn't work, the landlord should be held accountable if they don't want to fix it. I think it would be in the best interest of the landlord and the tenant if the landlord does their job and fix the air conditioner. If not, they could be spending their time in small claims court.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Air Conditioner in Southern California

    As was previously indicated, the big question is whether A/C is expressly or impliedly included in the rental agreement. If it is, you need to give proper notice of a change in what the tenancy includes.

    Leaving an air conditioning unit on during the day is not misuse. It's reasonable to infer that the tenant does not want to come home to a hot apartment.

  4. #4

    Default Re: Air Conditioner in Southern California

    The agreement did not state anything about an a/c
    thanks

  5. #5

    Default Re: Air Conditioner in Southern California

    and also with the tenant moved in their was an a/c in the window and it was working properly.
    I also understand that she has a right to leave the a/c 24 hrs a day since the tenant is paying for her own electricity and doesn't want to come home to a hot house

    it is a pain in the ass with these tenants

  6. #6
    Join Date
    Mar 2008
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    1,995

    Default Re: Air Conditioner Repair in Southern California

    Quote Quoting PandemicLabs
    View Post
    My question involves landlord-tenant law in the State of: California--Month to Month Rental Agreement

    First, does the Landlord have to replace the air conditioner if it is broken.
    It has been misused by the tenant, in that the tenant leaves it on for the whole day and leaves the apartment to work, shopping.

    Second, does the tenant have the right to repair and deduct to repair it? Does this rule apply to replacing it?

    Third, I heard that the landlord doesn't have to provide a air conditioner except in AZ. Can I have some proof, civil codes or something

    Forth, in state of California, air conditioner considered an amenity or habitability?

    Thanks
    I gone through this issue with tenants for the last 30 years as LL. YES, you'll have to repair or replace it. And NO, leaving it on is NOT abuse, as I do it myself on very hot days. And I am responsible for repairing refigerators as well, and refigerators are left on all day.

    If NOTHING is said about the AC in a lease, or if it is a month to month, and NOTHING is said about it, and it is included as an appliance in the apartment, then the tenant CAN and WILL expect you to repair or replace the AC, as the tenant will expect you to repair the refigerator and stove or any other included appliance.

    What often happens is some tenant buys an AC, then leaves it behind, and offers to sell it to me for $50 when he leaves, or simply leaves it there, In these cases, I have absolutely no idea if the AC is in good operating order or not, so when I go and get it repaired, partiularly window AC's, I find it would had been simpler if an AC is not included with the rental at all. And window AC's are not all that expensive, it would had been far better to have the tenant buys his own unit, and simply take it with him when he leaves.

    At one point, I TOOK OUT all the window AC's when I do a rental, and I found I was able to rent apartments out just as easily so long it is painted and cleaned. What got me started was I got a tenant with a ground floor unit that I hadn't included AC's with the rental, then one tenant left one behind when I re-rented, and a nice young lady rented the place. She constantly complained it was cold in the winter, and the reason was the drafts coming in around the AC unit, resulting in my taking it out every autumn, and putting it back in before every summer, and as she had no room in her place, I had to store in my garage, which already had too much junk in it to begin with. Then I had to help her with the AC filters, and then had it repaired.

    If you think it's a pain in the rear, guess what I thought it was.

    When she finally left, I took the unit out of the window, re-rented the place without the AC, and rented it out just as easily. When the next tenant came in, put his own unit in, and came to me saying he wants to sell it to me when he left. This is what nomally happens, but it was a pleasure not to be bothered with this AC for several years as it was the tenant's AC. I politely told him I'm not buying it, and I told him that had I included AC's in all the rental units I had, I would've had to do several AC repairs every summer, and it doens't pay, so please take the AC away with you. He was moving cross country, had no choice and left it there, so I took the AC out of the window, and left it on the curb as garbage.

    This was before Craigslist, and I had no time to bother making another $50 selling an old AC.

    I have checked into this with my attorney, and was told that unless I make a tenant agree that the tenant is responsible for the repairs, legally the LL is. In fact, at one point, when I didn't get to rip all the AC's out of the windows, I had an agreement written saying the AC "was left behind by the prior tenant, DOES NOT belong to me, he can do as he please with it, he can take it with him when he leaves, but he would have to pay for his own repairs. But finally, I took them all out of the windows to make things simpler for me.

    Pain in the ass?? Tell me about it.

    Oh, I NO LONGER include washer and dryers with my rentals for the same exact reason. One LL told me he no longer include refigerators as he was tired of repairing it, but I thought that was going a bit too far. In fact, I rented to a tenant whose prior LL does not include refigerators (the LL didn't want to bother with repairs), so while he uses my fridge, his own fridge sat in the living room for several years while he was my tenant.

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