My Air Conditioning isn’t Working Properly in my Apartment, But Maintenance says it’s Fine, What Can I do to get it Fixed?

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“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….”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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.

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Author: House Attorney

A house attorney has answered this question.

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