Legal Question in Landlord & Tenant Law in California

Inadequate cooling in home

I signed a month to month residential lease 1,400 month plus 1,450 first month rent. Went into the house the next day, very hot turned on the airconditoner, it never cooled off. Spoke with the landlord said I would not move in hardly any air coming out of ducts. He had a man come to check, called me said it was fine.

Went over the next day turned it on in am for 5 hours went back still hot.

Called landlord said I could not move in. He said it was adequate. Called air condioning Co. man came out did a check for adequate cooling of the house. He said the unit was too small and I would fry in the summer. The company documented this information.

I live in Palm Springs, very hot here!!! Called landlord, he said he would not upgrade the unit.

I never occupied the dwelling, he did give me back my deposit, but kept the $1,450. He told me the unit was working great when we were going over the lease.


Asked on 6/14/05, 6:43 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Inadequate cooling in home

You signed an agreement to move in and assumed that the airconditioning was adequate for the space. Since you have now determined that it is not adequate by a professional in the industry, the issue is whether or not the landlord knew or should have known that the AC was not adequate. If the landlord is not willing to upgrade the unit, you have two choices: (1) accept the sub-par AC and move in or (2) not move in and settle with the landlord or sue for your $1450 back. If you choose option 1, you essentially waive the defect arising from the sub-par AC and thus waive your money. If you choose option 2, you must ''rescind'' the contract and sue the landlord for all of you money, not just the $1400.00. A small claims action would be most appropriate course. Good Luck.

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Answered on 6/15/05, 9:40 am


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