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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I have an air conditioning unit that cannot be fixed and I

Customer Question

I have an air conditioning unit that cannot be fixed and I am a renter in a single family home. The a/c company was out again and stated the unit is rusted out inside from 8 years wear and tare. The owner doesn't want to pay to replace it. I am without a/c and it is 90 degrees out, this is day #2.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  FamilyAttorney replied 5 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. My practice is limited to family law and appeals, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

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Can you please tell me what state you are in? This is important and it's not showing on my side. Thanks!

Customer: replied 5 months ago.
Florida
Expert:  FamilyAttorney replied 5 months ago.

Thank you for this information.

Is there some reason it would be that much or is this central air? I don't know why it would be that much.

Nevertheless, the landlord has to provide you with a working air conditioner. Especially in southern states, almost all of them have this as a breach of warranty of habitability. However, and this is strange -- Florida is amazingly silent on this and that makes no sense.

So this would have to be provided for in the lease, and you will need to examine the lease to see what is in there. I believed that all southern states required this -- I checked Fla again and there is a requirement for heat but not for AC!!!! Makes no sense whatsoever.

Can you check your lease? What does it say about AC?

Expert:  FamilyAttorney replied 5 months ago.

Can you refresh this -- because I added more information to the above answer. This has to be provided for in the lease, so I was asking if you know what is in the lease about AC.

Expert:  FamilyAttorney replied 5 months ago.

Warranty of habitability in almost all southern states requires an Air conditioning unit or AC central air or some type of AC. This is entirely missing from Fla law! Makes no sense but that's what it is, and Fla doesn't follow neighboring states requiring AC. So you would have to look to the lease to see what is required. For example, if the place comes with a working ac, then the LL would have to provide another one for you. Does it say it comes with an AC unit?

Expert:  FamilyAttorney replied 5 months ago.

I presume you have a lease? Can you check the lease to see what it says about her providing an air conditioning unit? Thanks! I'd need to know that.

Expert:  insearchoftheanswer replied 5 months ago.

Good morning Barbara. My name is Richard. I see your prior expert has opted out. Do you need further help? Thanks.