Can I sue the manager for breach of contract for refusing to fix my air conditioning unit? 4 Answers as of August 20, 2013

My a/c broke about 2 months ago and I asked the apartment manager to have it fix and nothing was done. Just about every day I would stop by the office asking them to have it fixed. They told me nothing was wrong with my a/c and I told the manager that my electric was over $500 in 2 months and my bill was about $100-150. What can I do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
The answer to your question depends on whether you have a contract that requires the owner to fix your air conditioning. By law, air conditioning is not covered under the warranty of habitability, so there is no obligation to fix it absent contract. You may wish to ask your local utility company if it comes out and inspects air-conditioning units to determine whether they need repairs, or whether your higher bills result from higher usage. Increased bills during the hotter months are not themselves sufficient to show that the unit needs to be fixed.
Answer Applies to: California
Replied: 8/20/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Why is the manager liable? I assume you mean the landlord who hired the manager. Get an estimate for the repair (hopefully a free one) and bring that to the landlord as proof of the repair needed. You can withhold rent to the extent that the premises were not habitable and/or the portion of the rent attributable to the AC. Probably small #s.
Answer Applies to: New York
Replied: 8/20/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If it puts out cold air, it works. Your electric bill is dependent on how much you use it. If nothing else, I suppose you could hire an ac man to come out and tell you if it works. If he or she says it doesn't, then take that to the landlord.
Answer Applies to: Idaho
Replied: 8/20/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
While a landlord, or management, is required to repair and maintain all appliances provided under the Washington Landlord-Tenant Act (See RCW 59.18.060), if there is nothing wrong with an appliance, there is no duty to repair it. If your electric bills are high, it might very well be due to the A/C. A/C units often use more power than other appliances, and if they are run constantly, that might be the real cause of your high bills, not a defect in the unit. If you suspect the unit and the landlord will not repair it, you may want to have an independent third party company inspect the unit and if they determine that the A/C is indeed broken, then present that along with the bill to the manager. If they determine there is nothing wrong, you will be stuck with the bill, but you will at least have piece of mind that your A/C is working fine.
Answer Applies to: Washington
Replied: 8/20/2013
Click to View More Answers: