Legal Question in Real Estate Law in California

I struck a deal with my landlord for a new a/c for my apartment. I provided $250 and the apt. was to pay the balance. The a/c stopped working after a few weeks. The landlord took out the a/c and replaced it with an old one stateing that the aprtments technicians would work on the unit. I asked them not to because it was new and still under warranty, less than a year old. He stated that the tech's would be working on it and would return it as soon as they were finished. I told him that was not acceptable, I paid for a new a/c not a refurbished one. I asked him for my investment of $250 back he stated that the "management" would not return the money but would put the repaired a/c back when they were done, that was 30 days ago. The landlord has yet to provide me with a reciept for the $250 or a copy of the sales reciept for the a/c.


Asked on 9/19/11, 2:30 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Did your agreement state specifically either (a) who would own the air conditioner, or (b) who would maintain it?

Unless it did, it's not possible to determine from the given facts alone who is responsible for selecting the repairman or paying for the repairs. Factors would include whether the apartment was previously air conditioned and this is a replacement, or air conditioning is new; the extent to which the air conditioner was customized or required installation; whether you are month-to-month or on a long-term lease, reason for the failure, and maybe other factors.

Seems to me this is something that needs to be worked out amicably without raised tempers, short patience or involving lawyers.

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Answered on 9/19/11, 4:09 pm


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