Chicago, IL asked in Landlord - Tenant for Indiana

Q: Can landlord refuse to service an AC after hours when the internal temp is 85 and small children live in the home?

It is Sunday evening and the landlord was notified at 6:20. They were told there are small children in the home, one with severe allergies, and that the temp is 85. They refuse to address the issue until tomorrow and stated that this is not an emergency due to the external temperature of the home.

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Landlord Tenant Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Yes, he can refuse to service an AC after hours.

1. Air conditioning is not considered a necessity like heating is in Indiana. It is not required to be operational 24/7 throughout the year.

2. The AC broke down today and the landlord was notified in the evening on a Sunday. No one is coming out on an evening on a Sunday to fix an air conditioner.

3. If this is a week later and your air conditioner is still not fixed and your landlord still refuses to fix it or continues to stall, then you might have a problem. Even then though, a week may be a reasonable time to wait for repairs depending on the problem.

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