Legal Question in Real Estate Law in California
Air Conditioner Repair
My friend gave her landlord in an apartment complex a letter stating that if the AC is not repaired in 30 days she would have it repaired and deduct the cost from the rent. The landlord said they were not getting anyone to fix it. Does she have to wait 30 days to get it fixed? It gets really hot in Souther California.
2 Answers from Attorneys
Re: Air Conditioner Repair
She should ask the landlord for confirmation in writing, then go ahead, but only if the working air conditioner is provided for in her lease. If not, she may be stuck with the bill.
Re: Air Conditioner Repair
If she can have the air conditioner repaired herself, do so. Then don't deduct it from the rent, but file a suit against the landlord in small claims court.
Otherwise, the landlord may start eviction proceedings, and you'd be taking your chances in court, where you can sometimes lose even with the facts and law on your side.
From the facts given, it can't be determined if the landlord has a duty to fix the air conditioner. That would depend on the lease, and on whether having an air conditioner was really necessary in order to live there.
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