Responsibilities for Air Conditioning

Each state has its own rules on what needs to be provided for living conditions in rentals to be deemed “acceptable”, known as the Implied Warranty of Habitability. Below is a breakdown of those laws as it relates to air conditioning and heating (HVAC) equipment.

Providing Air Conditioning / Heating

The following chart lists what landlords are required to provide according to state law for each state when it comes to heating and air conditioning.  Any exceptions to the requirements are noted for each state.

Note: the below table only addresses state laws. Always check with county or city housing codes for additional requirements.

* In Indiana, landlords are only required to provide heat and air conditioning if this was already being provided by the landlord at the time the lease was signed.  Landlords are not required to begin providing heat or air conditioning to a new tenant if this isn’t something the landlord has ever done before.

* In Wisconsin, landlords are only required to notify potential tenants that there is no heat or air conditioning available.  Tenants may still rent the unit, but the landlord will not be required to provide them with heat or air conditioning.

Making Repairs

Generally speaking, if the landlord provides air conditioning and/or heating as an amenity in their rental property, it’s their responsibility to repair it and pay the costs involved. This also includes landlords not required by law to provide it who did so by choice.

Making Requests

In every state (except Arkansas, which doesn’t require landlords to provide any service or repair any item), tenants are required to notify their landlord if there is an item that needs to be repaired.

Depending on the state, this can be done orally or in writing. However, most states only allow for requests to be made in writing. The below table shows which types of repair requests are legally acceptable in each state.

* In Minnesota, tenants are only allowed to submit a written repair request to their landlord if there is no local housing/safety/health inspector they can report concerns to.

* In Wyoming, even if a tenant submits a repair request in writing, the landlord is not required to make the requested repair.  Instead, landlords have the option to terminate the lease if they choose not to make the repairs.

Time to Repair

Below is a table for the time frame landlords have to make the repair, starting the day the request is received.

Tenant’s Options if Repairs Aren’t Made

Tenants have multiple options here, depending on the state.  For example, a tenant can make the repair themselves (or hire someone to do it) and deduct the repair amount from their monthly rent.  However, most states set a dollar limit on the amount that can be deducted from rent if using the repair and deduct method.

We include state-by-state remedies in the chart below.  Remember, this doesn’t include a landlord’s intentional or negligent failure to provide heat, which is covered in another section.

Some states only allow for one remedy, while others allow tenants to use several remedies together.

* Renters in Texas and Wyoming are only allowed to pursue the remedies above if they have sent written notice of the items to be repaired to the landlord via certified mail.  Otherwise, they cannot pursue legal action (Wyoming and Texas), or terminate the lease and/or repair the item and deduct the cost from rent (Texas).

Tenant’s Options if Intentional / Negligent Failure

Some states offer additional remedies if a landlord intentionally or negligently fails to provide heat.  This is not the same as a heater breaking down through no fault of the landlord, or a pilot light going out and needing to be relit, etc.

Also, tenants cannot resort to the following remedies if they have not given the landlord appropriate notice/time to make any repairs or correct the issue.

These remedies would only apply if the landlord knew there was an issue and ignored it or the repairs made were inadequate or wrong.

Tenants could also apply these remedies if the landlord was responsible for paying the heating bill and failed to do so, or intentionally cut off a tenant’s heat.

Common remedies tenants have in these situations include:

• Withholding rent until the heat is restored.
• Paying the heating bill themselves.  In some states, tenants are allowed to deduct the amount paid from their monthly rent.
• Moving into temporary housing until the landlord corrects the issue.  The tenant is not required to pay any rent to the landlord while in temporary housing.
• Terminating the lease.
• Contacting the local health/building/safety inspector.
• Paying reduced rent or being reimbursed for rent paid.
• Pursuing legal action.
• Repairing the heating unit themselves and deducting repair costs from the monthly rent.

We break down tenant options by state in the chart below.

Landlord Retaliation

Retaliation by landlords against their tenants because the tenant requested necessary repairs to heating systems or to have the heating bill paid so heat service could be restored is illegal in almost all states.

However, the following 12 states either do not address retaliation at the state level or have no laws protecting tenants against retaliation by landlords.

• Alaska
• Arizona
• Arkansas
• Idaho
• Indiana
• Louisiana
• Missouri
• North Dakota
• Oklahoma
• Pennsylvania
• Utah
• Wyoming