Legal Question in Landlord & Tenant Law in North Carolina

No, you cannot break your lease. Its been damn hot and my air runs all the time too. However, I am not sure if something is broken or not. You need to report this issue, in writing, to your landlord and he has to get someone out to look at it. If there is a problem, then it needs to be fixed. You and your landlord can work out whether you will pay and get rent reduction or the landlord will pay. Get any agreements in writing.

After you get the problem in writing and nothing is done, then you can seek rent abatement. Rent abatement will equal the cost of your rent, assuming a working air conditioner, less the cost of an aprment without a working air conditioner. Your place is not uninhabitable - its just uncomfortable.

Some other alternatives - if your landlord does not want to address the problem, then see if he will consent to release you from your lease or whether he has another unit that you can move into with a working air conditioner. If not, then you have a choice - you can break your lease and tell your landlord in no uncertain terms that you will seek rent abatement which you will offset against any rental owed. The landlord has a duty to re-rent the property and I would think that 2-3 months is sufficient. Or, you can put up with this and as soon as your lease ends, do not renew and leave. You can then sue your landlord for rent abatement for the months that the air did not work.

I do not know know how far you are into your lease or what your lease provides in this regard about the landlord's douty to repair. You should always read your lease first.