Do i have to pay rent if there is no working A/C ?

Do i have to pay rent if there is no working A/C ? by jonathon (IN) on June 11, 2012 @17:42

Do i have to pay rent if there is no working A/C in the house and the temps are in the 90's? Have been telling landlord to fix since winter.

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Re: Do i have to pay rent if there is no working A/C ? by Jack K (NY) on June 11, 2012 @17:50	[ Reply ]

Hi, sorry to be the bearer of bad news, but A/C is not condidered one of the habitability requirements for a home, it is considered an amenity or luxury, so yes the rent still mnust be paid. My lease does not include air conditioning. If it exists it is the tenant's responsibility. Did you know that people used to live without A/C in the old days? So a fan or a window unit might be a good idea.

Re: Do i have to pay rent if there is no working A/C ? by Anonymous on June 11, 2012 @19:24	[ Reply ]

The answer is yes and no. Go over to the court house, set up an escrow and pay your rent into it. Eventually, the landlord will get the message that he is not getting paid until the AC is repaired. If you simply stop paying rent without an escrow account you will be evicted pronto and the Judge will not care if the AC is working or not.

Re: Do i have to pay rent if there is no working A/C ? by NY-LL on June 11, 2012 @20:05	[ Reply ]

Indiana Landlord and Tenant Duties 32-31-8-5 Duties of landlord at commencement of and during occupancy A landlord shall do the following: (4) Provide and maintain the following items in a rental premises in good and safe working condition, if provided on the premises at the time the rental agreement is entered into: (D) Heating, ventilating, and air conditioning systems. A heating system must be sufficient to adequately supply heat at all times. The landlord and tenant laws in the State of Indiana do not seem to address the matter of air conditioning specifically. There is no information about how to remedy the condition of a broken air conditioner. The large predominantly warm weather states, like California and Texas, seem to provide remedy for tenants in need of air conditioning repair.

Re: Do i have to pay rent if there is no working A/C ? by LL (CA) on June 12, 2012 @00:48	[ Reply ]

If the law provides that the LL must make sure the A/C is operable, you cannot just withhold rent. In most circumstances you would have it repaired and withhold the amount of rent to cover the repair. You don't get to not pay rent AND have the LL pay for the cost of repair. You better make sure what the law is in our state/county/city before you do withhold rent.

Re: Do i have to pay rent if there is no working A/C ? by Anonymous on June 12, 2012 @11:36	[ Reply ]

Have you sent your landlord your request for repairs with an official letter? Send a certified letter (if you have not already done so). If this does not get any action - I think your only recourse is to look for a new place and use the AC issue as a reason to break your lease. In the mean time - pay your rent. You do not want to get an eviction on your credit record.

Re: Do i have to pay rent if there is no working A/C ? by Mark on June 12, 2012 @16:03	[ Reply ]

You should not withhold renta as that might get you on an eviction track. What you can do is see if your county or city has a 'Property Maintenance Code' that can be used to force repairs by your landlord. These codes require that certain standards are met and maintained, and are enforced by Code Inspectors. The failure to repair or maintain A/C equipment might fall under such codes.