In 2026, the answer is no longer simple. While federal law still does not explicitly require landlords to provide air conditioning, many states and cities now treat cooling as a health and safety issue, particularly during heatwaves. Additionally, if you provide air conditioning in your rental unit, you are almost always legally obligated to maintain it in working order.
For landlords focused on limiting liability, understanding the difference between installation and maintenance is critical. Regulations are evolving quickly, and noncompliance can trigger repair-and-deduct claims, rent withholding, or even constructive eviction allegations.
At iPropertyManagement, we help landlords understand the regulations that impact their rental property businesses.
Local city and county housing codes may impose stricter or more detailed requirements than state law when it comes to cooling, ventilation, and temperature standards.
Does a Landlord Have to Provide AC?
Historically, courts treated air conditioning as a luxury amenity. Heating was mandatory; cooling was optional. That distinction is rapidly narrowing.
There is no federal statute requiring landlords to provide air conditioning. However:
- State and local laws may require cooling systems in certain climates.
- Many cities now enforce “Safe Indoor Temperature” standards.
- If your lease advertises AC, you must keep it functional.
- During declared heat emergencies, response timelines shrink dramatically.
In 2026, extreme heat has shifted legal expectations. Jurisdictions in high-temperature regions increasingly recognize a “right to cooling,” especially where indoor temperatures exceed 82°F–85°F. In practical terms, this means that while you may not be required to install AC, you may be required to repair it promptly, or face significant liability.
For landlords, the safest approach is to assume that if the unit includes AC, it must work.
Is Air Conditioning Considered a Habitability Requirement?
Most landlord-tenant law stems from the legal doctrine known as the Implied Warranty of Habitability. This standard requires rental properties to meet basic health and safety requirements. Traditionally, habitability included:
- Heat
- Water
- Electricity
- Structural integrity
Cooling did not make the list in past years.
The 2026 Shift
Today, courts and city councils increasingly view extreme heat as a public health hazard. In some jurisdictions, prolonged indoor temperatures above regulated thresholds may render a property uninhabitable. For example:
- In cities like Phoenix, cooling systems in certain rental types must maintain safe indoor temperatures.
- Los Angeles has adopted safe temperature standards for rental units in specific contexts.
- Dallas has expanded local code enforcement related to cooling during peak heat periods.
These evolving standards directly affect tenant rights when air conditioning is not working.
Installation vs. Maintenance: A Critical Distinction
Here is the compliance rule landlords must understand:
- Not required to install AC (in many states).
- Required to maintain AC if provided.
If your listing, lease, or marketing materials promise central air or window units, you are responsible for keeping them operational. Failure to do so may constitute a breach of habitability, especially during extreme heat.
To avoid ambiguity, your customizable lease agreements should clearly state:
- Whether AC is provided
- Who handles maintenance
- What constitutes tenant-caused damage
- Expected repair timelines
Clear, solid lease terms significantly reduce disputes before they start.
States With Unusual Standards for Fixing Air Conditioning
Only a small number of states have unique or limited statewide standards regarding air conditioning repairs. Most states either clearly require landlords to maintain provided air conditioning systems or impose no specific statutory requirement at all.
The following states have distinctive rules that do not fit the typical pattern:
| State | Standard(s) |
| Arkansas | Air conditioning must be maintained in the same working condition as it was at the start of the lease. This requirement applies only to leases that began after November 1, 2021. |
| Kentucky | Landlords must repair any provided air conditioning, but only in counties that have adopted the Kentucky Uniform Residential Landlord-Tenant Act (KY-URLTA). |
| Illinois | In condominiums and rental housing restricted to residents age 55 and older, specific heating and cooling standards must be maintained during the appropriate seasons. |
| Maryland | Landlords generally have no duty to repair air conditioning unless the tenant can show that the failure to repair creates a “serious and substantial threat” to health or safety. |
| New Jersey | There is no explicit statutory requirement to repair air conditioning. However, courts have ruled that a broken air conditioner during hot weather may violate the implied warranty of habitability. |
| New York | There is no specific statutory requirement to repair air conditioning. However, courts have determined that failure to fix air conditioning in the summer months may constitute a habitability violation. |
| Texas | Landlords are not required to repair air conditioning unless a local official determines that the condition materially affects the health or safety of an ordinary tenant. |
Landlord AC Repair Laws: A State-by-State Overview
Rather than listing all 50 states, it’s more useful to group jurisdictions by regulatory approach.
1. Strict Cooling Mandate States
States such as Arizona, Nevada, Texas, and Florida are increasingly treating cooling as a health necessity.
Common features include:
- Defined indoor maximum temperature thresholds (often 82°F–85°F)
- Short emergency repair timelines (24–72 hours during extreme heat)
- Expanded “repair and deduct” rights
- Code enforcement penalties for noncompliance
In these regions, a broken AC unit in July typically counts as an emergency repair, not routine maintenance.
For example, in parts of Texas, if indoor temperatures become unsafe, landlords may have as little as 24 hours to initiate corrective action.
2. Habitability-Driven States
States like California, Oregon, and Washington may not universally mandate AC installation, but courts increasingly interpret extreme heat as a habitability issue.
Key factors courts consider:
- Severity and duration of heat
- Vulnerable tenants (elderly, disabled, children)
- Whether your lease included AC
- Landlord response time
In these states, failing to repair the provided AC during a heatwave can expose you to serious legal liability.
3. Lease-Dependent States
In many moderate-climate states, AC remains lease-dependent. If it’s not provided, landlords may not be required to install it. However, once included in the lease, standard maintenance obligations apply.
Landlord AC repair laws in these states focus on:
- Reasonable repair timelines (often 7–14 days)
- Tenant notification requirements
- Whether the issue materially affects health and safety
Even in lease-dependent states, prolonged exposure to extreme indoor heat may support a claim for constructive eviction.
How Long Can a Landlord Wait Before Fixing Air Conditioning?
The timeframe for repairs depends on state and local law. In some jurisdictions, landlords may have up to 30 days to complete non-emergency repairs. However, most states require landlords to act much more quickly.
In practice, many states require action within 7 to 14 days after the tenant delivers proper notice. If the lack of air conditioning poses a health or safety concern, especially during extreme heat the repair timeframe may be significantly shorter.
Delivering Proper Notice
Tenants must provide notice of air conditioning problems using legally acceptable methods. Requirements vary by state:
- Some states allow verbal notice.
- Many states require written notice.
- Certain states require delivery by certified mail or another verifiable method.
Documenting when notice was delivered, and how long the landlord took to respond is critical if legal action becomes necessary. Even if not legally required, providing written notice (preferably via certified mail) creates strong evidence for enforcement or court proceedings.
Consequences for Failure To Fix Air Conditioning
If a landlord fails to repair air conditioning after receiving proper notice, the issue may qualify as either a serious or standard housing code violation, depending on state law and the severity of the condition.
Available tenant remedies often include:
- Seeking a court order to force the landlord to make repairs
- Suing for monetary damages caused by the violation
- Reporting the landlord to local housing authorities
- Repair and deduct, where allowed (tenant arranges repair and deducts cost from rent, not permitted in all states)
- Terminating the lease and moving out, in cases involving serious habitability violations (generally not allowed for minor issues)
Because landlord-tenant laws vary widely by state and city, tenants should review local statutes or consult a qualified attorney before pursuing legal remedies.
Handling AC Repair Requests: A Step-by-Step Guide
When a tenant reports a broken AC unit, your response matters as much as the repair itself.
Step 1: Acknowledge Immediately
Respond in writing. Confirm receipt of the complaint and begin documenting the timeline. This process is essential to defend against allegations of negligence.
Step 2: Assess Urgency
Determine:
- Current indoor temperature
- Weather forecast
- Tenant vulnerability factors
- Local legal emergency repair timeline
If temperatures exceed safe thresholds, treat it as an emergency.
Step 3: Initiate Repairs Promptly
Contact licensed HVAC professionals and document:
- Date of tenant notice
- Date contractor contacted
- Scheduled repair date
- Completion date
Using a dedicated property management software to track maintenance requests centralizes work orders and creates defensible documentation of your landlord maintenance obligations.
In high-heat conditions, consider temporary mitigation (portable or window units) while awaiting permanent repairs. Preparing for breakdowns in advance can reduce liability and demonstrate good-faith compliance.
Risks of Ignoring Repairs: “Repair and Deduct” & Constructive Eviction
Failure to address AC issues promptly can trigger serious financial consequences.
Repair and Deduct
In many jurisdictions, tenants may:
- Provide written notice.
- Allow a reasonable opportunity to repair.
- Fix the issue themselves.
- Deduct the cost from rent.
The 2025–2026 expansion of repair-and-deduct laws has broadened tenant rights when air conditioning is not working, especially during declared heat emergencies.
Withholding Rent
Tenants may attempt to withhold rent for repairs if conditions are deemed uninhabitable. If a tenant attempts to withhold funds via your rent payment platform to collect rent online, you must understand your state’s procedural rules before issuing notices.
Improperly handling rent disputes can escalate into eviction defences or counterclaims.
Constructive Eviction
If indoor heat makes the unit unliveable and the landlord fails to act, tenants may claim constructive eviction. A constructive eviction allows them to:
- Break the lease without penalty.
- Stop paying rent.
- Potentially seek damages.
In extreme cases, code enforcement fines and civil liability may follow.
For risk-averse landlords, rapid response and documentation are the best defences.
Final Compliance Takeaways for 2026
- Federal law does not mandate AC installation, but state and city laws increasingly regulate cooling.
- If you provide AC, you are almost always required to maintain it.
- Extreme heat shortens repair timelines.
- Documentation protects you.
- Lease clarity prevents disputes.
As “Right to Cooling” standards expand, landlords must treat air conditioning less as an amenity and more as a risk-management priority. Leveraging modern landlord software solutions can help you stay compliant, respond faster, and protect your investment in a rapidly evolving regulatory landscape.
Frequently Asked Questions
Can I charge tenants for AC repairs?
Only if the damage was caused by tenant misuse or negligence. Normal wear and tear remains your responsibility.
How long can a landlord leave a tenant without AC?
It depends on state and local law. During extreme heat in strict-cooling states, the emergency repair timeline may be as short as 24–72 hours.
Do I have to provide window units if central air breaks?
Often yes, particularly if indoor temperatures exceed regulated thresholds. Temporary mitigation can prevent habitability claims.
Is air conditioning considered an appliance?
Yes, in most rental situations, air conditioning is considered an appliance if it was provided by the landlord at the start of the lease.
Do landlords have to fix ac?
There is no federal statute requiring landlords to provide air conditioning, but landlords generally must fix air conditioning if it’s provided with the rental, though specific requirements vary by state and local laws.
Does landlord have to provide ac?
Whether a landlord has to provide air conditioning depends mostly on state and local laws and the terms of your lease. There isn’t a federal law requiring AC in rental units.
Sources
- 1 Ark. Code Ann. § 18-17-502(a)(6) (2022)
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“[A]fter November 1, 2021… there shall be implied in all [non-exempt] leases and rental agreements for residential purposes a requirement that a dwelling unit or single-family residence have, both at the time possession is delivered to the tenant or tenants named in the lease or rental agreement and throughout the term of the lease or rental agreement: A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement.”
Source Link - 2 Ky. Rev. Stat. Ann. § 383.595(1)(d) (2022)
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“A landlord shall maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him.”
Source Link - 3 Ky. Rev. Stat. Ann. § 383.500 (2022)
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“The General Assembly hereby authorizes cities, counties and urban-county governments to enact the provisions of the Uniform Residential Landlord and Tenant Act as set forth in KRS 383.505 to 383.705. If adopted, these provisions shall be adopted in their entirety and without amendment.”
Source Link - 4 765 ILCS 705/20
- Source Link
(a) When residential rental property has a cooling system or heating system or both serving the entire premises, including individual dwelling units, the landlord shall comply with the following standards with respect to the individual dwelling units in which tenants live: (1) During the cooling season, June 1 through September 30, cooling systems must operate when the heat index exceeds 80 degrees Fahrenheit. (2) During the heating season, October 1 through May 31: (i) between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees Fahrenheit, and (ii) between 10 p.m. and 6 a.m., heat must register at least 62 degrees Fahrenheit. (b) When residential rental property does not have a premises-wide cooling system that serves individual dwelling units, then the landlord shall provide at least one indoor common gathering space for which a cooling system operates when the heat index exceeds 80 degrees Fahrenheit. All tenants of the residential rental property shall have free access to that cooled space. As used in this subsection, “indoor common gathering space” means a room intended to be used as a place where multiple people can gather, such as a lounge, meeting or conference room, party room, or similar that can accommodate a cooling system. Residential rental property that does not have an indoor common gathering space shall be exempt from this subsection. (c) This Section only applies to residential rental property in which rental or occupancy is limited to persons 55 years of age or older. See also 765 ILCS 605/18.11
- 5 Md. Real Prop. Code § 8-211(f)(4) (2022)
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“This section does not provide a remedy for the landlord’s failure to repair and eliminate minor defects or, in those locations governed by such codes, housing code violations of a nondangerous nature. There is a rebuttable presumption that the following conditions, when they do not present a serious and substantial threat to the life, health and safety of the occupants, are not covered by this section: The absence of air conditioning.”
Source Link - 6 Park Hill Terrace Assocs. v. Glennon, 146 N.J. Super. 271, 277 (App. Div. 1977)
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“On this record we perceive sufficient credible evidence to support the trial judge finding that the air-conditioning failure for the stated days affected the habitability of the involved premises.”
Source Link - 7 Hamblin v. Bachman, 2006-CV-5596, 14 (N.Y. City Ct. 2009)
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“Courts have found breaches of the warranty of habitibility [sic] in a variety of situations including: lack of heat and/or hot water; lack of an air conditioner in summer; low water pressure; water damage from roof leaks; nearby construction and renovation work; lack of light and air from new building next door; presence of rats and roaches; bedbug infestation; persistent pet odors from prior tenants; second hand smoke from a neighbor; odor from a dumpster; neighbor noise; a registered sex offender neighbor; and neighborhood drug dealers.”
Source Link - 8 Tex. Prop. Code § 92.0561(d)(3)(C) (2021)
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“Repairs under this section may be made only if… the landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant.”
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