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  1. #1

    Default Can a Landlord Shut Off the Air Conditioning When It's Hot

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

    There are two tenants renting rooms in a townhouse with the owner. The rent includes all utilities. Yes, there is a lease that expresses rent includes all utilities.

    The owner deprives air conditioning when it is hot, although the owner has his own air conditioning in his bedroom he uses for himself while denying use of the central AC for the tenants.

    Can the owner do this?

  2. #2
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    Default Re: Can a Landlord Shut Off the Air Conditioning When It's Hot

    What do you mean "the owner deprives air conditioning when it is hot"?

    Gail

  3. #3

    Default Re: Can a Landlord Shut Off the Air Conditioning When It's Hot

    Quote Quoting gail in georgia
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    What do you mean "the owner deprives air conditioning when it is hot"?
    It is not that he shuts it off. He tells them not to turn on the central air and because he is the owner, they oblige. Meanwhile, he's in his bedroom with one of those single room AC units.

    The other day, one tenant was wanting to put on the central air. It's been very hot and the tenant is sick, but in the middle of asking, the owner got up and went into his room, closing the door.

    I mentioned something that maybe they could just turn it on and if he says something, then make the rent short for that portion of the electricity, but not sure if that would be legal for a tenant to do.

  4. #4
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    Default Re: Can a Landlord Shut Off the Air Conditioning When It's Hot

    The California Civil Code 1941, lists all the requirements that a landlord must provide to make an apartment inhabitable. Air conditioning is not one of them and is considered an amenity. If it is not in your lease that air conditioning will be provided then the landlord doesn't have to provide it. But you could also check local ordinances.

    You could also ask the landlord if you can install a window unit that you own.

  5. #5

    Default Re: Can a Landlord Shut Off the Air Conditioning When It's Hot

    Thank you.

  6. #6
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    Default Re: Can a Landlord Shut Off the Air Conditioning When It's Hot

    Quote Quoting VeryRandom
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    It is not that he shuts it off. He tells them not to turn on the central air and because he is the owner, they oblige. Meanwhile, he's in his bedroom with one of those single room AC units.
    If the tenants choose not to turn on the air conditioning, then living in a warm unit is the consequence of that choice. They are free to discuss the issue with the landlord, or express that they will be turning on the air conditioning based on the temperature in the unit.

    I disagree with budwad, in that if a landlord provides an air conditioning system as part of a rental unit there's a reasonable expectation that it can be used and will be maintained. But from what you say, whether or not they like the outcome, the tenants are agreeing to the landlord's position on (non-)use.

  7. #7
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    Default Re: Can a Landlord Shut Off the Air Conditioning When It's Hot

    My take is that they are renting rooms not apartments, similar concept, but different rules. I would suggest obtaining your own window units for AC.

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    Default Re: Can a Landlord Shut Off the Air Conditioning When It's Hot

    Quote Quoting puppybreath
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    My take is that they are renting rooms not apartments, similar concept, but different rules. I would suggest obtaining your own window units for AC.
    Yes, it's pretty clearly a rented room / common area issue.

    You can't install an A/C unit without the landlord's permission.

  9. #9
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    Default Re: Can a Landlord Shut Off the Air Conditioning When It's Hot

    I can't figure out why the tenants don't simply go over and turn the air on at the thermostat. If the landlord complains, they tell them their rent is paying for the utilities, including the electricity used to run the central air.

    Gail

  10. #10
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    Default Re: Can a Landlord Shut Off the Air Conditioning When It's Hot

    I suspect that they're month-to-month, and expect that doing so will result in their being given notice to quit.

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