Q: Can we request a credit on rent due to uninhabitable noise issues on an AC unit?
An AC unit outside of my apartment building has had an increasingly loud and high-pitched screeching coming from it. I've submitted a maintenance request and the team has basically come out to notate information about the unit and that's it. The issue began a couple of weeks ago, maintenance request submitted 9/25. (Have videos to show the noise level and pitch of the screeching from all hours of day/night). It goes on every half hour, screeches for 10 mins of the half hour, then shuts off for 20 mins. It's screeching 1/3 of the 24 hour day. Amplitude is 70-83dB (level that can cause hearing damage according to CDC). Frequency 1865-1875Hz causing ear pain, increased stress, headaches, and inability to sleep. Windows closed has very minimal effect and increases energy costs.
My work, sleep, ear comfort, stress levels, headaches, and energy costs have been significantly affected by this issue
A:
Well, it is possible that an A/C unit may fall under the warranty of habitability, you may be better off checking your contract for clauses regarding the landlord’s duty to maintain the property.
I feel it is important to caution tenants against withholding rent for warranty of habitability issues until after they have talked to an attorney. Not paying rent is one of the easiest ways to get an eviction. As such, Tenants need to ensure that they not only qualify under the statute but are taking the exact steps required to withhold rent.
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