Rockford, MI asked in Landlord - Tenant for Michigan

Q: Can our land lord refuse to turn on our air conditioning even though we pay for it?

Our land lord unplugged our air conditioning for the winter and now that it is warming up, our apartment is 82 degrees and our land lord won’t let us turn our air conditioning on until it is a consistent 60 degrees at night.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Based on the details you've provided, it seems that your landlord's refusal to turn on the air conditioning may be a violation of your lease agreement and your right to a habitable living space. Here are a few points to consider:

1. Lease agreement: Check your lease to see if it specifies when air conditioning should be provided. If the lease states that the landlord is responsible for providing a functioning air conditioning system, they may be in violation of the agreement.

2. Implied Warranty of Habitability: Most states have laws that require landlords to maintain a habitable living space for tenants, which typically includes providing adequate heating and cooling. An apartment at 82 degrees may be considered uninhabitable, especially if it poses health risks to the tenants.

3. Local laws and regulations: Research your local and state laws regarding landlord obligations and tenant rights. Some cities or states may have specific temperature guidelines that landlords must follow.

Here are some steps you can take to address the situation:

1. Document the issue: Keep a record of the indoor temperature, any communication with your landlord, and any relevant lease terms or local laws.

2. Communicate with your landlord in writing: Send a polite but firm letter or email to your landlord, explaining the situation and requesting that they turn on the air conditioning. Reference any relevant lease terms or local laws.

3. Consider legal action: If your landlord continues to refuse to address the issue, you may need to seek legal advice from a tenant rights organization or attorney. They can help you understand your options, which may include withholding rent, filing a complaint with a local housing authority, or taking the landlord to court.

Remember, your landlord has a legal obligation to provide a livable space, and you have the right to a comfortable and safe home.

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