Air conditioning is an important part of day-to-day living for many, especially in the summer. This prompts tenants to ask the question: should landlords provide air conditioning? The answer depends on various factors.
Do Landlords Need to Provide Air Conditioning?
Is the landlord responsible for the air conditioner? Are landlords required to provide air conditioning by law? The answer depends on several factors. Let us address each in the following sections.
Legal Requirements
Regarding legal requirements, no federal law requires landlords to provide air conditioning in rental units. Hence, the answer to the question depends on state and local regulations.
The closest thing to a regulation related to air conditioning is the implied warranty of habitability. This means landlords must ensure their rental units are habitable and liveable. In some states, landlords must follow local housing codes to ensure the rental is habitable. Meanwhile, other states depend on court decisions instead of housing codes. Generally, they are in charge of maintaining the following:
- Structural maintenance
- Checking environmental hazards
- Sewage, plumbing, and ventilation
- Stairway, hallway, and common area upkeep
- Pest control
- Safe and sanitary conditions
- Cold and hot water discharge
- Heating systems
- Lighting and electricity
- Emergency maintenance service access
- Building code compliance
With that said, though, is air conditioning required for rental property? In Florida, landlords are not explicitly required to provide air conditioning units in their rentals. However, as temperatures rise year after year, state laws may change over time. Landlords must watch for new laws as some states have started adopting requirements for cooling systems.
Meanwhile, the Low Income Home Energy Assistance Program (LIHEAP) has started to adapt its programs to include cooling, according to a Pew report.
Lease Agreement
Does the landlord have to provide air conditioning if the lease unit promises it as an amenity? In this case, the landlord is responsible for air conditioning.
They are bound by the terms of the lease agreement just as much as the tenant is. Landlords should follow through on their promises to avoid conflict and liability.
The Presence of an Air Conditioning Unit
Do landlords have to provide AC? While they may not necessarily need to, they will be bound by specific responsibilities if they decide to install one. An existing AC unit in the rental property is the landlord’s responsibility. They are in charge of maintaining, repairing, and replacing the unit should it ever show signs of wear.
Reasonable Accommodations
Some elderly tenants or those with disabilities may need reasonable accommodations for their health. This means that if a tenant requires air conditioning for their medical condition, landlords may be obligated to provide one even if it’s not stated in the contract.
Can a Landlord Charge You for Having an Air Conditioner?
Landlord air conditioning is a controversial topic, but landlords should understand that amenities like AC units can affect the amount they can charge for a rental property. In other words, they can charge a higher rate for the added convenience. They can also add a separate utility fee or increase the total rent amount.
According to Zillow, the national premium for central air conditioning in rentals is 2.8%—equivalent to roughly $40 a month. Fewer rental listings advertise it as an amenity, and most renters are not able to install AC units themselves. While that amount may not seem like much, it’s a great way to make the property stand out among a crowd.
Maintenance and Repair Responsibilities
The maintenance and repair responsibilities are usually split between landlords and tenants. Either party needs to familiarize themselves with their duties to keep the AC unit in good condition.
Landlord’s Responsibilities
Typically, landlords are responsible for ensuring the air conditioning units are operational and not defective. They must conduct regular inspections and promptly repair the units to ensure efficiency. The landlord shoulders the cost of maintenance and significant repairs unless the lease agreement says otherwise.
If the unit needs repairing, the landlord is responsible for scheduling the job within a reasonable timeframe. They must do this to ensure the rental property has a working AC system at all times. Also, as a general rule, landlords should schedule professional maintenance for these units at least once a year.
Tenant’s Responsibilities
Just because the landlord is in charge of general repair and maintenance does not mean the tenant is free of responsibility. The tenant must also use the unit responsibly and follow the landlord’s guidelines.
Moreover, depending on the lease agreement, they are often in charge of routine maintenance like cleaning or filter replacement. They should also make sure the unit is unobstructed.
In addition, tenants must report any problems to the landlord as soon as they are discovered. This can minimize costs for the landlord, allowing them to address minor issues promptly. It’s also more convenient for the tenant, as it minimizes downtime should the air conditioning unit need repairs.
Can Tenants Install an AC Unit?
Air conditioning systems can be essential in hot climates. Can tenants install an AC unit if the landlord does not provide one? The answer will depend on the rental agreement. If the rental agreement is silent, tenants must ask their landlord for permission.
On the other hand, landlords should clearly state whether tenants are permitted to install their own air conditioning units. Doing so will clarify responsibilities and reduce misunderstandings or conflict.
Should Landlords Provide Air Conditioning? Answered!
Landlords have many responsibilities to their tenants. One of these responsibilities includes the implied warranty of habitability. While air conditioning and cooling are not specified on the list, it can be necessary if the lease agreement says so.
It’s also a requirement if an elderly or disabled tenant needs proper cooling for their medical condition. Regardless, landlords should also consider adding an air conditioning unit because they can charge a premium.
Are you looking for a reliable rental property management company to handle all your rental units? Find one through our online directory today!
RELATED ARTICLES: