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  1. #1
    Join Date
    Mar 2008
    Posts
    4

    Question Air Conditioning Stated As Non-Existent Due To Ignorance

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

    I've attempted to research my rights regarding this issue via The Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook), finding nothing regarding Air Conditioning, but only Heating.

    The Townhouse that I moved into in June 2007, stated in the advertisement (and lease) that that the building did not have Air Conditioning.
    Upon my initial review of the complex I noticed that all the other units DID in fact have Air Conditioning that is functional.
    My building DOES have an Air Conditioning unit installed, but does not work. I requested that a Technician examine the unit and he concluded that it would need extensive work, but could be repaired.

    The Property Manager for this building insists that because the advertisement (and lease) states that there is NO Air Conditioning that they will not repair the unit.

    I feel that this should be repaired and that although it may be somewhat costly that I would be willing to negotiate a deal to have it repaired. I suggested to the PM that I would have it repaired and then request that the Owner deduct the cost over the next 12 months so as to reduce the Shock of the cost. I recognize that there is no statement in the DCA's website referencing my health as a factor of cooling (as opposed to heating). But the temperatures can reach 15 degrees higher than the outdoor temperatures on a hot day, on the 2nd floor of the building. When the temperature is above 85, this can be sweltering.

    Questions

    1. Can I insist that the repairs be made, even thought the Lease does not state that an Air Conditioning unit exists (contrary to the fact that one does, thought it does not work)?

    2. Is it reasonable to request that this item be repaired? (yes this is subjective).

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Exclamation Re: Air Conditioning Stated As Non-existant Due To Ignorance

    I think you're out of luck - they told you no A/C and you have no A/C.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Air Conditioning Stated As Non-existant Due To Ignorance

    I agree that you are out of luck. Air conditioning is NOT a required service in most jurisdictions, and it was stated clearly it is not provided.

    I have rented houses out that tenants left "non functioning" air conditioners behind, and I made it clear that the new tenant can remove it, or repair it as HE or SHE wishes, but I have nothing to do with it. I also advertised it as WITHOUT AC service. Now, I'm smarter, and remove the old A/C's.

    A word about repairing something old. It's not a good idea.

    I let a tenant talk me into repairing an almost 20 year old 24 CF side by side refigerator, since I was going to replace it with a top bottom 17 CF unit. A 24 CF is ridiculously large for a 2 BR unit, but the man like this particular fridge. I could've replace the whole thing for about $550.00 at the time.

    After spending $150. to fix the unit, about 9 months later it broke again, and we spent another $150.00. When it broke down the third time, maybe a year later, I had another tenant then, and I replaced it. Of course, a new unit comes with warranties. I would've been $300.00 ahead, had I replace it, and not have to deal with two more emergencies when the tenant's food might go bad.

    If I was your landlord, I have to think about issues in repairing the old unit. If it breaks again months or a year later, you're coming after me again, and again.

    The best thing here would be for you to take care of the repair yourself, pay for it yourself, since they purposely left it out when they rented the place out.

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