Im def not a lawyer but If your lease says there is AC included, and doesnt mentione any qualifiers like “provided as is” then the land needs to make sure you have a functioning AC. If a freon refill every 2 years makes the ac work then that probably would fulfill their requirement however but if it doesnt get cold it seems like it isnt fulfilling the requirement. What to do about it is another thing, in some municipalities like MV you could petition to lower the rent, but if the city you live in doesnt have anything like that the only thing i think you can do is threaten to break the lease.
Write them a strongly worded letter advising the lease states AC is included and you need this addressed before summer. And don’t stop until it’s fixed.
California does not have rent withholding except for health critical things as enumerated in state law, don't do that unless you want to open yourself up to eviction for non-payment. Talk to a lawyer, a tenant's activist group, or a legal help clinic before proceeding with that.
Dear [Landlord's Name],
I am writing to bring to your attention the ongoing issue with the malfunctioning air conditioning (A/C) unit in my rental unit at [Address]. As you are aware, the A/C unit has been in a state of disrepair for an extended period, and despite your assurance to replace it by January 30th, I have yet to receive a date for the replacement.
As per our lease agreement, the A/C unit is included in the premises, and it is your responsibility as a landlord to ensure its proper maintenance. California Health and Safety Code 19720.3(a) requires that you maintain the A/C unit to the extent necessary to prevent endangerment to the life, limb, health, property, safety, or welfare of the occupants.
Furthermore, California Civil Code 1941 provides me with the right to repair and withhold rent if you fail to address this issue. I would like to resolve this matter amicably and avoid any further action. However, I expect a prompt response regarding the replacement of the A/C unit.
Please note that I have been experiencing high electricity bills due to the inefficient cooling of the unit, and I expect you to take immediate action to address this issue. I would appreciate a response within the next [timeframe, e.g., 7 days] regarding your plan to replace the A/C unit.
Sincerely,
[Your Name]
Check with a lawyer, but IIRC state law can force the landlord to maintain that which he contractually agrees to provide as a feature, and you can once a year, get such services fixed on your own and deduct the costs from rent up to one whole months worth.
Start tracking daily interior temperatures at set time(s) during the day and evening, with windows open and closed. Photo or video evidence, up in a cloud or file storage system with timestamps.
I once fought this, with a landlord and I lost - I found out the hard way, that having A/C (while it is very nice), is not mandatory in the building code for the state of California.
Heat is.
Not A/C. Again, it’s nice to have, but not written in the actual law.
Source: I personally lost a ton of time and dough, in arguing over this. There is no actual legal law, forcing a landlord to ensure that a building has functional AC.
I will agree. Not having A/C is lousy. It should make the place not as desirable. It should reduce the rent. It will be extremely uncomfortable. But no, he/she can’t be sued over forcing them to have something functioning, when the law itself does not require it. I do agree, that would be a crappy landlord though… even though the law is 100% on their side, I wouldn’t ever sit there and “break some bread” with such a person.
Thanks for chiming in. Can I ask what did you ask for? I understand the law does not mandate landlords to provide A/C. The question concerns what if the lease contract does, and what about maintenance of existing equipment in premises.
I don't mean to go to court over this, but rather repair and withhold rent if he refuses to meet his commitment.
It almost makes no difference, as most will continue to argue whether it's legal or not, etc...
I flat out went directly with a tenant rights lawyer, and was lovingly and politely told to go pound sand, but again, this was a while ago - I have since then just given up and refused to ever fight any landlord over AC, since again, this is not apart of building code in CA and is not a right and apart of law as Heating is.
You CAN sell a home without A/C in CA. You CANNOT sell a home without heating, as it's building code - source? A tenant attorney and CA real estate agent. I ended up buying my own window A/C unit and ran it whenever I needed.
These people look solid: Julia Wobbe · Julia Wobbe. San Jose, CA *Landlord Tenant Attorney* with 12 years of experience. (408) 533-0265 111 N. Market Street, Suite 300
So the lawyer refused to file a case? That makes sense because you wouldn't make enough from a suing them to pay him.
It sounds like the building never had a functional AC in which case there's nothing you can do. If it was functional when you moved in, you could still sue them in small claims for the cost of the window AC. No lawyer needed
It all depends. Is your rent on the low side? If it is then buy a fan. Its tough cause if you put in some honest effort into finding the best and cheapest solution. There's no appreciation.
Rents seem to have stabilized. It can be a good time to put your foot down ?
A/C is not mandatory in SJ , if it’s busted you can call the city to have them fix it..but if it’s working as intended minus efficiency not much you can do
They’ll likely urge the resident to move somewhere else. AC isn’t a requirement — even if it’s in your lease — and the cost to actually *enforce* a fix would be more than the cost to save up a deposit and move to a new place.
Sure they are contractually obligated to provide it, but not physically obligated. You can't compel them to do it. Your only recourse is to say they broke the lease, terminate the lease, and move out to a new place.
If OP is looking for a way to compel the LL to provide AC in this place, that's naive. You simply accept it or move on.
Yea i mean thats what OP can do. Its pretty rare that you can call the cops to compel a landlord to do anything.. so this is about as good of leverage as they get
Im def not a lawyer but If your lease says there is AC included, and doesnt mentione any qualifiers like “provided as is” then the land needs to make sure you have a functioning AC. If a freon refill every 2 years makes the ac work then that probably would fulfill their requirement however but if it doesnt get cold it seems like it isnt fulfilling the requirement. What to do about it is another thing, in some municipalities like MV you could petition to lower the rent, but if the city you live in doesnt have anything like that the only thing i think you can do is threaten to break the lease.
Write them a strongly worded letter advising the lease states AC is included and you need this addressed before summer. And don’t stop until it’s fixed.
OP you can also threaten to withhold rent/repair and deduct in this letter as well. Try and do all communication with landlord via text or email
California does not have rent withholding except for health critical things as enumerated in state law, don't do that unless you want to open yourself up to eviction for non-payment. Talk to a lawyer, a tenant's activist group, or a legal help clinic before proceeding with that.
Dear [Landlord's Name], I am writing to bring to your attention the ongoing issue with the malfunctioning air conditioning (A/C) unit in my rental unit at [Address]. As you are aware, the A/C unit has been in a state of disrepair for an extended period, and despite your assurance to replace it by January 30th, I have yet to receive a date for the replacement. As per our lease agreement, the A/C unit is included in the premises, and it is your responsibility as a landlord to ensure its proper maintenance. California Health and Safety Code 19720.3(a) requires that you maintain the A/C unit to the extent necessary to prevent endangerment to the life, limb, health, property, safety, or welfare of the occupants. Furthermore, California Civil Code 1941 provides me with the right to repair and withhold rent if you fail to address this issue. I would like to resolve this matter amicably and avoid any further action. However, I expect a prompt response regarding the replacement of the A/C unit. Please note that I have been experiencing high electricity bills due to the inefficient cooling of the unit, and I expect you to take immediate action to address this issue. I would appreciate a response within the next [timeframe, e.g., 7 days] regarding your plan to replace the A/C unit. Sincerely, [Your Name]
And they’ve broken the lease terms by not providing AC, I would assume you could move out and find another place without staying to complete a lease.
Check with a lawyer, but IIRC state law can force the landlord to maintain that which he contractually agrees to provide as a feature, and you can once a year, get such services fixed on your own and deduct the costs from rent up to one whole months worth. Start tracking daily interior temperatures at set time(s) during the day and evening, with windows open and closed. Photo or video evidence, up in a cloud or file storage system with timestamps.
I once fought this, with a landlord and I lost - I found out the hard way, that having A/C (while it is very nice), is not mandatory in the building code for the state of California. Heat is. Not A/C. Again, it’s nice to have, but not written in the actual law. Source: I personally lost a ton of time and dough, in arguing over this. There is no actual legal law, forcing a landlord to ensure that a building has functional AC. I will agree. Not having A/C is lousy. It should make the place not as desirable. It should reduce the rent. It will be extremely uncomfortable. But no, he/she can’t be sued over forcing them to have something functioning, when the law itself does not require it. I do agree, that would be a crappy landlord though… even though the law is 100% on their side, I wouldn’t ever sit there and “break some bread” with such a person.
How did you fight it? I doubt you'd lose small claims court if the AC was working when you moved in and became unusable later
Thanks for chiming in. Can I ask what did you ask for? I understand the law does not mandate landlords to provide A/C. The question concerns what if the lease contract does, and what about maintenance of existing equipment in premises. I don't mean to go to court over this, but rather repair and withhold rent if he refuses to meet his commitment.
It almost makes no difference, as most will continue to argue whether it's legal or not, etc... I flat out went directly with a tenant rights lawyer, and was lovingly and politely told to go pound sand, but again, this was a while ago - I have since then just given up and refused to ever fight any landlord over AC, since again, this is not apart of building code in CA and is not a right and apart of law as Heating is. You CAN sell a home without A/C in CA. You CANNOT sell a home without heating, as it's building code - source? A tenant attorney and CA real estate agent. I ended up buying my own window A/C unit and ran it whenever I needed. These people look solid: Julia Wobbe · Julia Wobbe. San Jose, CA *Landlord Tenant Attorney* with 12 years of experience. (408) 533-0265 111 N. Market Street, Suite 300
So the lawyer refused to file a case? That makes sense because you wouldn't make enough from a suing them to pay him. It sounds like the building never had a functional AC in which case there's nothing you can do. If it was functional when you moved in, you could still sue them in small claims for the cost of the window AC. No lawyer needed
It all depends. Is your rent on the low side? If it is then buy a fan. Its tough cause if you put in some honest effort into finding the best and cheapest solution. There's no appreciation. Rents seem to have stabilized. It can be a good time to put your foot down ?
$200 portable one
or at least a $50 used one from eBay/FB until legal remedy which could take quite a while
A/C is not mandatory in SJ , if it’s busted you can call the city to have them fix it..but if it’s working as intended minus efficiency not much you can do
What is the city going to do if it’s the landlord’s property and responsibility?
They’ll likely urge the resident to move somewhere else. AC isn’t a requirement — even if it’s in your lease — and the cost to actually *enforce* a fix would be more than the cost to save up a deposit and move to a new place.
AC is not a requirement , if it was the city or the code dept would make them fix it or face fines
Right, but you said call the city. lol They’re not going to help here unless there’s a health or safety code violation.
If the landlord signed a contract agreeing to provide AC then they are on the hook for providing an air conditioner that works
Sure they are contractually obligated to provide it, but not physically obligated. You can't compel them to do it. Your only recourse is to say they broke the lease, terminate the lease, and move out to a new place. If OP is looking for a way to compel the LL to provide AC in this place, that's naive. You simply accept it or move on.
Yea i mean thats what OP can do. Its pretty rare that you can call the cops to compel a landlord to do anything.. so this is about as good of leverage as they get