Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I moved into a new apartment a few months ago, and it was supposed to have air conditioning. Not central, but an individual unit. It was fine as long as it wasn’t too hot, but once it was 90 degrees every day, it only worked at night, and blew hot air in the daytime. Since then, I’ve been given a brand-new one, out of the box. It, too, blows hot air most of the time. However, it is only good enough to heat 340 sq ft. My apartment is 840. I live on the third floor with skylights and it gets hot…like 95 degrees on a daily basis…where every surface in my apartment is warm to the touch. This is even with the air conditioner. The problem is this: I work nights and have to sleep during the day. This has cut my sleep short to about 3 or 4 hours because it is too hot to sleep. It gets so hot the candles on my shelf have been melting. I have complained to the management multiple times; however, they only send the maintenance guy to look at it, who, of course, says it’s fine. Is there any way I can get them to add one that’s the appropriate size to cool my apartment? This is affecting my job and I’ve missed work because of this problem….”You need to look at the terms of your lease or rental agreement, but if it says that the unit will be air conditioned you seem reasonable to assume that a) the unit will be properly sized, and b) that it will blow cold air, not hot.
Question: I would first try to be a little more insistent with your management. If that fails, there may be a local landlord/tenant mediation service that could help.
