Legal Question in Landlord & Tenant Law in California

CA air conditioning cut off

We just had our swamp cooler disconnected this morning, and it's usually around 95 degrees here, even this time of year, and they refuse to connect our air conditioner. Is it illegal to cut off any air flow even when its as hot as it is here? What are the limitations? Who would I notify?


Asked on 10/20/05, 2:15 pm

4 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: CA air conditioning cut off

You can hire an electrician to restore the power to the cooler then deduct the cost from your rent. You'd be inviting a 3-day notice, but that would put the landlord on notice that you intend to fight them. Consult a lawyer for a more thorough evaluation and recommendation.

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Answered on 10/21/05, 11:38 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: CA air conditioning cut off

It sounds like they're trying to force you to move, for whatever reason. Send them a certified letter, return receipt (keep a copy for yourself), demanding that service be restored. Also, contact the local board of health. You might want to get yourself a fan or two at the local hardware store as a backup and you might consider looking for a new place to live if they're going to be difficult.

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Answered on 10/20/05, 2:18 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: CA air conditioning cut off

from the facts given, you appear to have a constructive eviction and/or uninhabitable premises claim in which you could legally act upon under the circumstances. however, you may want to consult with an attorney as soon as possible for a full evaluation of your facts and remedies thereafter. you may even want to strongly consider having a law office send out a very powerful legal letter to your landlord regarding your rights and their duties. thereafter, hopefully this would end "their nonsense". if you would like further assistance, contact us today.

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Answered on 10/20/05, 2:55 pm
Randy Schlosser Law Office of RM Schlosser

Re: CA air conditioning cut off

Although air conditioning is not normally considered a habitability issue, in some areas of the State the local courts have held it to meet the requirements of uninhabibility. If so, and the landlord purposely turned off the air conditioner as a means to have you move and not as a maintenance item, then you may have a constructive eviction claim. However, in most jurisdictions this would not apply.

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Answered on 10/21/05, 12:34 am


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