Legal Question in Landlord & Tenant Law in California

A/C Repair in Rental

Air cond. went out, landlord repaired last summer. Now refusing to repair. Lease does not specify AC repair. Fair housing mediator seems to have worsen situation and made no resolution. Landlord will respond in writing. Weather is 90--name removed--- 100--name removed-- husband is diabetic & sleeps during day. Owner is aware.


Asked on 8/13/07, 9:28 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: A/C Repair in Rental

Unless A/C is in the provisions of your lease, as uncomfortable as it may be, it is difficult to win here.

Especially, because mediator gave no resolution.

There are 8 sections to the Code of laws, landlords must adhere to, but A/C is not one of them.

The fact that you husband is diabetic and sleeps during the day, doesn't mean the landlord has to fix the A/C.

In rare cases courts have held that heat violates the quiet enjoyment of premises you are entitled to (when A/C is out), but very infrequently.

Only suggestion: pay lawyer to write letter to landlord, and hope that it works.

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Answered on 8/13/07, 10:40 pm


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