06 Oct By Law Air Conditioning
Under Florida law, homeowners are not required to provide or maintain air conditioning. Portable air conditioners may be restricted if: In some cases, your tenants may have health issues that require operational air conditioning. In this case, providing air conditioning (such as a window unit or a portable or self-supporting unit) would be considered adequate housing. In addition, Texas regulates it as the landlord`s responsibility to repair or remedy any condition that materially affects a tenant`s physical health and safety. This means that air conditioning must be provided if conditions cause extreme levels of discomfort and health risks (e.g. hyperthermia and heat stroke). Teas also notes that the change in federal energy guidelines makes repairing air conditioners more difficult than before, making it difficult to find the right fit for anyone looking for experienced commercial air conditioning experts without paying an arm and a leg. “You can`t just replace a part or inject it into a freon,” he says. Nowadays, the newest and most efficient parts need to change the compressor more often or make other important changes to update the entire system. Landlords also have a certain amount of time to repair the air conditioner as soon as the tenant informs them that it is no longer working. In Arizona, where the lack of operational air conditioning could lead to health risks, landlords have 2-5 business days to repair the unit (unless the defect was caused by damage to a tenant or the tenant`s guest). In California, they have 30 days. Even if your condition does not provide a time frame for air conditioning repair, we recommend that you do your best to repair it as soon as possible or provide another cooling method, such as purchasing window air conditioners, fans, or evaporative cooling systems.
“Some judges,” Tees suspects, “will decide that air conditioning in August will certainly affect a resident`s health and safety. Some will say that people have been living without air conditioning for decades, so treat it. In Houston, where summers are extremely hot and humid, Andy Teas, vice president of public affairs for the Houston Apartment Association, a trade association that represents homeowners, management companies, developers and other professionals in the rental housing industry, says that “nearly 100 percent” of apartments are equipped with central air conditioning. In Arizona, where temperatures regularly climb into the triple-digit high range and heat-related deaths are unfortunately all too common, the law considers air conditioning an essential need for a unit to be safely occupied. Here, a tenant is entitled to air conditioning and the owner is obliged to provide it. Some arizona cities have laws that regulate the temperature of rental units based on the cooling method. In Phoenix, rental equipment that uses air conditioning must not exceed a maximum temperature of 82 degrees. Devices that use evaporative coolers are allowed to reach a maximum temperature of 86 degrees. The table below lists the state law that requires homeowners to provide for each state for heating and cooling. All exceptions to the requirements are noted for each state.
In most states, landlords are not required to provide air conditioning under landlord-tenant laws. The majority of jurisdictions consider air conditioning as a convenience and not as a prerequisite for habitable living conditions. Although laws and specific language vary from state to state, owners` responsibilities fall under the implied habitability guarantee, which means that the tenancy is in a state eligible for occupancy. While Florida law doesn`t require homeowners to provide or maintain air conditioning, here are some of the things they need to provide: Attorney Alberto M. Cardet practices in Miami, Florida, where air conditioning is a “big deal.” He says that “landlord-tenant relationships are very loose until something goes wrong.” Then it becomes an argument he says-she says. As a result, Cardet explains that landlord/tenant law in many places, including Florida, “lives and dies from termination issues,” meaning when and how you notify the landlord that the air conditioner was broken and how long did you wait for the repair? A good lease will set out the obligations of the tenant and landlord in such cases. Lawyer Kellman says he advises people who sign a lease to “step back” and think about what`s most important in a life situation. It will be different for each person, he says. So, if you know that you are sensitive to heat and you will be very desperate without air conditioning, indicate in the lease: “The landlord will keep the air conditioner in good condition”. Even if the air conditioner comes with the unit, you can structure the wording of the rental agreement to get rid of repairing or replacing an air conditioner if it breaks. In states where air conditioning is mandatory, homeowners must replace a broken air conditioner within a reasonable amount of time.
Some States define what is reasonable (usually within 14 days), while others reserve the right to interpret it. For example, the owner in Arizona has only 5 calendar days to repair the air conditioner. But in California, an owner has up to 30 days. In most cases, no air conditioner is considered an emergency unless the outside temperature is above a certain temperature. If it`s more than 90 degrees Fahrenheit outside and the air conditioner breaks, most states that require air conditioning would classify a broken unit as an emergency.