Can I withhold rent to cover cost of repairing central air unit?

Question

Landlord is a cheapskate and wont pay to fix central air unit..had a friend who does this for a living do it at a cost of $135.00. Landlord refuses to repay me. Anything I can do?

Answer 1

He is liable for the cost of the repair as he rented you the house with airconditioning but you should have told him about it before having your friend do the work as it up to the landlord to organise for repairs. Holding your rent makes you liable for eviction. Suggest that you pay less in rent to compensate, reminding him that he rented you a house with air conditioning which is included for in your rent.

Answer 2

Unlike heat which a landlord must provide a working furnace, they are not required to provide A/C. So withholding for repairs might get you evicted.

Answer 3

What I'd suggest doing is this:

(1) Review your lease to see what requirements he has for repairs, i.e.: how to inform him, how long he has to respond, and so on.

(2) Look up your state's tenant/landlord laws, specifically for repairs.  A quick Google search should suffice.

(3) Send a certified letter to the landlord (and a copy to the company that owns your complex, if applicable) saying that he has seven calendar days to make the repair.  Quote both your lease and the state law for repairs.  State that if you do not have the repairs completed within seven calendar days of the letter, you'll have the repairs made yourself and that you'll be deducting the cost of repairs from rent.

Be sure that you're professional.  Keep a hold of the tracking numbers and a copy of the letters.

(4) If necessary, send another certificed with the tracking numbers 3 days later as a reminder of "Hi, you've got four more calendar days to complete the requested repairs.  Or you'll have the repairs made yourself and that you'll be deducting the cost of repairs from rent.  This is my second written request. The first one was sent on day X under USPS tracking number X."

If he fails to make repairs, hire someone.  Get a receipt.  This has been successful for me multiple times in similar situations with my complex.

Answer 4

Depends on your local laws, but central air isn't usually considered a life necessity like things like basic utilities and working toilets are.

Answer 5

Not many states allow the tenant to "repair and deduct".  You need to check your local laws before you attempt this.  Often, the state will only allow you to repair...and then take landlord to court to recover. BTW..check your lease to see if the A/C is even covered for repairs by landlord.  Most leases state that A/C is not a necessity, and all repairs are to be paid for by tenant.

Answer 6

In most states, the owner must repair things like furnace and a/c or the rental is considered "uninhabitable." If you've sent a  WRITTEN NOTICE to the landlord telling him he has XX days to repair the a/c and he doesn't respond, most states allow you to do the repair and withhold rent.

Answer 7

No, he is not required to fix the unit, it is his to leave broken if he wants.     You can not just decide on your own that you will withhold rent and repair his property, no more then you can just up and decide to do something to your neighbors property.

Answer 8

Not really, even in AZ the landlord must provide heat but its not required to provide AC.