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Is My Landlord Required To Provide Air Conditioning?

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I live In Kentucky and me and my fiance rent a house for $1200 a month. We have lived here for three months, and about three weeks ago our air conditioning went out. It is burning up in our house and has since it went out. My fiance works maintenance and since our landlord's technician was taking VERY long to get to our property (it took two weeks, and then he said he had to order a part and went off on me for asking when he should have it), so I suggested for our landlord to hire my fiance for the job.

He hired him for the job. My fiance got the old air conditioner out, and has been waiting for our landlord to give him the money to buy the new air conditioner, but he keeps post poning it. I work at home, so it has become an issue being so hot in the house. It has also made us change plans with family twice now, because today is easter and our house is an oven.

I'm not exactly sure what to do at this point. $1200 is a lot to pay for rent, especially when you don't have air conditioning. What can I legally do about this? Our landlord doesn't seem to really care that he isn't providing us with air conditioning and I'm getting to the point that I am just ready to move. We have had multiple issues at our house and it has taken him weeks to get them fixed (if he even bothered to fix it).

What can I legally do? Is he required to provide air conditioning? Is a month a normal wait time for this sort of thing?

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asked Apr 18 in Business and Finance by Dan B

2 Answers

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Landlords are not required to provide air conditioners to tenants.
If a landlord does provide an air conditioner and it breaks, it is up to the landlord whether to replace it, unless replacement is agreed upon and stated in the lease.
answered Apr 18 by Stan
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"What can I legally do? Is he required to provide air conditioning? Is a month a normal wait time for this sort of thing?"

If air conditioning is an inclusion in your tenancy agreement then yes he is responsible for providing air conditioning.

What can you do legally? There are 50 states in the U.S. of A. and there could be 50 variations providing remedies for your problem. You'll need to look up Kentucky state tenancy laws that should provide details on tenant/landlord responsibilities for such matters.

The common remedies are:

1. Tenant notifies landlord of the problem and the landlord is required to remedy the situation in a timely manner. Timely manner means a "reasonable" length of time. What is "reasonable"? It depends on the problem. An air conditioner can be replaced in a few days- not a month.

2. Some laws allow a tenant to remedy the problem by hiring someone to take care of the problem if the landlord is dragging his feet. Often referred to as pay and deduct, the tenant pays for the repair and deducts the amount from the rent.

3. The tenant can file a claim against the landlord for not fulfilling his obligations. This is a simple procedure but is time consuming. You file a claim with whatever agency deals with tenant/landlord issues. A judgement will be made. If your case has merit a judge or arbitrator will order the landlord to take care of business by such and such a date, or authorize the tenant to take care of it and deduct the amount from the rent or authorize the tenant to take care of the problem and order the landlord to reimburse the tenant. Another option is the landlord is ordered to reduce the rent until the problem is rectified.
answered Apr 18 by meerkat

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