Residents
Owners
Each state has various rules on what is standard to make a place habitable or uninhabitable. Landlords need to be aware of the laws in their state to make sure their buildings are up to legal standards for what is required. Items that are standard include basic utilities, roofs that don’t leak, and floors that can hold weight. One topic that gets many landlords is cooling. Is air conditioning required by the habitability laws?
Is Air Conditioning Required?
Most states would consider it a luxury, a good selling point to a rental unit, but other states require it. Typical hot states are the ones that will require cooling and prompt repairing if the air goes out. Arizona is one example of a hotter state where air conditioning is essential.
In states like Arizona, air conditioning could be considered crucial to habitability due to the triple digit temperatures. This would be similar to heaters be necessary in a January blizzard in the Midwest.
In Arizona, like other states, a tenant needs to produce a written notice to the landlord stating that the air conditioning is not properly functioning. If it takes more than five days to be repaired, the tenant may remedy the situation at the landlord’s cost, by either purchasing a wall unit, hiring a contractor to repair it, or moving to temporary housing. The cost would then be deducted from their next rent check.
However, in the state of Michigan, air conditioning is a luxury. Landlords don’t have to provide air conditioning to tenants. It is a very good selling point and a good landlord will maintain the AC system, if one is provided.
Landlords should always be aware of their state’s laws and be aware of their tenants needs. After a landlord has done their research on the state’s laws, they can inform their tenants in writings of their rights and responsibilities. If a repair request comes up, it’s wise for a landlord to act promptly as to avoid any emergencies or breaking any habitability laws.
