Having air-conditioning in the house greatly improves our quality of life, especially in warmer climates and hotter seasons. Most of us believe air-conditioning to be a must-have in this modern age, however, are landlords responsible to provide air-conditioning systems? Similarly, are renters entitled to have air-conditioning?
According to landlord-tenant laws in most states, it is not mandatory for landlords to provide air-conditioning. Air-conditioning is seen as a useful facility inside the home but not a necessity. It is important to note that the laws vary by state but the landlords’ responsibilities are usually encapsulated within the implied warranty of habitability, which refers to whether the rental is in an acceptable state to stay in.
Disability Accommodations
Tenants with certain medical conditions may require workable air-conditioning. Providing a portable unit would be deemed as a reasonable accommodation. In Texas, it is necessary for the landlord to provide air-conditioning when the current living conditions are so uncomfortable that it may result in adverse effects on one’s health.
Rentals in Arizona and Dallas
In Arizona, temperatures are high and heat-related deaths happen much too frequently. Hence, air-conditioning is regarded as an essential need for a place to be deemed as suitable for living. The tenant is entitled to air-conditioning and the landlord has to make the arrangements for it. In Dallas, landlords have to provide tenants with “refrigerated air”, which is 20 degrees lower than outside temperatures, from the period of April to November. In Texas, air-conditioning is required if the temperature is a threat to the tenant’s health.
When the Rental Comes with Air-conditioning
When air-conditioning is a fixture of the rental, the landlord has to ensure that it is in working condition. In certain states, the law mandates that if the air-conditioning was functioning at the time of moving in, the landlord is legally obligated to maintain it. Otherwise, the landlord will be in breach of contract.
Air-conditioning Maintenance and Repair
If the air-conditioning is not functioning due to being worn out from use or other natural causes, the landlord is responsible to fix it. If it breaks due to the tenant’s irresponsible behavior, then the tenant is responsible to cover the repair or replacement costs.
Release from Air-conditioning Maintenance in the Lease
In certain states with more relaxed air-conditioning laws involving the provision of it, you can exclude air-conditioning from the list of maintenance and repair costs you cover. It has to be written down that the tenant is responsible for it.
It may be argued in court that a tenant has the entitlement to the unit with functional air-conditioning in the exact same condition as it was rented. But if the air-conditioning system is not functioning at the start of the tenancy, you may not be obligated to fix it.
Understand Your State and City Laws
As mentioned, landlord-tenant law involving air-conditioning may be different in various states. It would be beneficial to gain a better understanding of these laws, whether as a landlord or a tenant. Consider contacting a property manager or real estate agent who understands these laws and can better explain them to you.
