Legal Question in Landlord & Tenant Law in California

landlord not fixing Air conditioning

I rent an office and my A/C has been broken for over 2 weeks. What recourse do I have? My landloard says is trying to fix a 20 year old system because he can't afford a new one. The only window doesn't have a screen so I can't open the window. Does my landlord have to fix the A/C? Any advice would be helpful.

Thank You


Asked on 8/19/07, 2:52 am

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: landlord not fixing Air conditioning

The California Code lists eight violations that are major, and must be repaired ASAP, but working A/C is not one of them.

Occasionally, a housing inspector will issue a citation for lack of A/C, but these are rare. Call your local building inspector's office, and register a complaint. Maybe you will get lucky.

Also, you can repair and deduct, or withhold rent. I would send certified letter to landlord, demanding repair within one week, or you will pay costs of repair and deduct from the rent. You can only do this twice a year, and can't deduct more than the rent for one month, no matter how high the bill. I would not withhold rent for this situation.

Hope this helps.

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Answered on 8/19/07, 4:42 am
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: landlord not fixing Air conditioning

Not sure the repair & deduct is the way to go on a commercial lease.

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Answered on 8/19/07, 11:55 am


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