How long must I wait for new air conditioner?

[drearyone]

What is the name of your state (only U.S. law)? CA


My old air conditioner has finally had it. I had the landlord look at it tonight, and he told me to contact the owner because I need a new one.

This is an issue that cannot wait because my apartment is sweltering in the summer.

Unfortunately, however, the owner is a known procrastinator who does not care about us. She only takes care of what she must legally.

I have a decision to make.

Should I take it upon myself to get a new one, and then deduct the cost from my rent, or should I tell the owner to replace it ASAP.

I was thinking of offering to get it myself and deducting the rent, but I am afraid she might refuse me this option and then make me wait.

I simply CANNOT wait!

My question is how long must I wait for her to get this done before I can legally deduct rent and do it myself without her permission?

Or, in other words, if she refuses to allow for a rent deduction because i did not get her permission to do it myself, how much time is she allowed to procrastinate before a judge will rule in my favor?

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA


My old air conditioner has finally had it. I had the landlord look at it tonight, and he told me to contact the owner because I need a new one.

This is an issue that cannot wait because my apartment is sweltering in the summer.

Unfortunately, however, the owner is a known procrastinator who does not care about us. She only takes care of what she must legally.

I have a decision to make.

Should I take it upon myself to get a new one, and then deduct the cost from my rent, or should I tell the owner to replace it ASAP.

I was thinking of offering to get it myself and deducting the rent, but I am afraid she might refuse me this option and then make me wait.

I simply CANNOT wait!

My question is how long must I wait for her to get this done before I can legally deduct rent and do it myself without her permission?

Or, in other words, if she refuses to allow for a rent deduction because i did not get her permission to do it myself, how much time is she allowed to procrastinate before a judge will rule in my favor?

In California, Tenants have the right to safe and decent housing, including:

• Roof, walls, windows and doors that don't leak or have holes;
• Plumbing or gas facilities in good working order;
• Hot and cold water and a working sewage system;
• Heat;
• Safe, working electricity;
• Clean common areas;
• No ****roaches, rats or other vermin;
• No loose or overflowing trash;
• Safe, clean and sanitary conditions, including kitchen and bathroom in good repair;
• Window screens.

Unfortunately for you, the law here in CA does not allow you to use the repair and deduct remedy for things that do not directly affect habitability. Whereas the LL must provide a working heat source, unfortunately A/C systems are not considered a requirement, so you would not legally be able to repair it yourself and deduct the cost from your rent unless the LL specifically agrees to it. If you try to do it, and end up in court over it, no judge is going to side with you.

There's no reason you can't get a new air conditioner yourself and take it with you when you move (assuming that it is not the kind that requires permanent installation).

For more info on this, refer to this website: Apartment Repair

 

[drearyone]

Thank you for your response, although I was hoping for better news.

I am very surprised to find that lack of air conditioning does not make an apartment unlivable.
If I had to choose between my air conditioner and my heater, and it would my air conditioner hands down.

Am I within my rights to remove the new air conditioner when I move since I paid for it, even if this leaves a void in the wall and I do not tell the owner?

Is the owner within her rights to refuse me the option of paying for and installng my own air conditioner on her property?

 

[FarmerJ]

dreary since LL included the A/C in the rental unit I have the take that they become responsible to fix it too, so try this route. send to the LL a certified letter in letter remind them of conversation about the a/c not working and simply state ` this came with the rental unit so you expect to have a working unit and want it repaired or replaced and if its not addressed with in a reasonable time you may have no choice but to call housing inspections and ask them to come out. ( if your LL didnt want obligation for a/c unit LL should have removed it from the rental unit last time it was vacant) it is fair to argue that since LL left it in the unit it became part of the electrical/ mechanical systems)

 

[applecruncher]

The landlord should not have told YOU to contact the owner. That is the landlord’s job, and you should remind him/her.

 

[Banned_Princess]

If you do end up buying your own, leave the broken one where it is, and buy a window air conditioner, so you dont damage the property in any way.

You need to start putting your requests and demands in writing, making 3 copies, and delivering them to both the management and the property owner.

in the meantime, you can get a window air conditioner, and if the LL fixes the wall unit, you can return the window one, if not then there will not be the same urgency as there is now.

 

[justalayman]

Am I within my rights to remove the new air conditioner when I move since I paid for it, even if this leaves a void in the wall and I do not tell the owner?

Is the owner within her rights to refuse me the option of paying for and installng my own air conditioner on her property?

if you install a permanent type unit, it becomes part of the apartment and must be left in place when leaving.