Written By Lexx Thornton
First Alert Weather days have been issued for extreme heat and humidity throughout theMidstate. It’s hot in summer and has made its stamp for the year. With the continuous heat,homeowners and renters are relying on their air-conditioning units to cooloff. So, what happensif your A/C goes out? For homeowners, it’s simple; they’ll have to fix the problem, but for renters, it’s a little more complex.
According to Tennessee law, renters do not have a right to air conditioning. According to the Landlord-Tenant Act, renters do not have a right to air conditioning/cool air unless it’s put in writing, like in the lease documents.
Renters do, however, have the ability to withhold rent for the landlord’s failure to provide essential services like heat, electricity, gas and water: Tenn. Code Ann. §66-25-502. If there is an issue with the A/C in the rental property, the tenant is allowed to repair and deduct that cost from the rent: Tenn. Code Ann. §66-28-502.
Here is what they can do:
If someone’s AC goes out at their apartment, what should they do?
Start by contacting your landlord. If the temperatures in your home aren’t safe, use any emergency process your landlord has. Reiterate the request in writing, like over email. If you want, you can use this form from Legal Aid Society’s website, but any written process is OK. Make sure your landlord knows it’s urgent and try to get on the same page with them about the timeline. Stay in touch with your landlord. Be polite, but be persistent.
If they have trouble getting their landlord/leasing company to fix their AC in a timely manner, what should they do?
Start by reiterating your request in writing. Ask for the timeline and the cause of any delays. Again, be polite but be persistent. If you have a serious physical or mental health condition that’s being made worse because the A/C is broken, make sure your landlord knows that, too.
You might have the right to ask for a “reasonable accommodation,” which is a change in your landlord’s policies necessary to address a disability. Examples of accommodations might beproviding you with a portable A/C unit while you wait for repairs or letting you stay in anotherunit where the A/C works. Request accommodations in writing. A lawyer can help you understand your rights to an accommodation and how to exercise those rights.
What rights/options do tenants have when it comes to AC?
It’s a good idea to talk with a lawyer about your specific situation, because the answer depends on your circumstances. Depending on what’s happening, you might be able to break your lease oreven sue your landlord. In general, tenants in Tennessee don’t have a right to withhold rentbecause of repair problems. There’s a narrow exception if your landlord isn’t providing utilities, but the rules are very specific. You have to notify your landlord in writing first. If the landlord still doesn’t fix the problem, you can either fix the problem yourself and deduct the cost of the repair from your next rent payment or move out until the problem is fixed, in which case you don’t have to pay rent for the period you’re not living there.
If you’re thinking of trying to withhold any portion of your rent, talk to a lawyer first. Withholding rent can lead to you getting evicted.