Yes, landlords can control the thermostat for their rental properties in most states. While they have to provide reasonable heat, they do not have to give control of the thermostat to the tenant. That said, this is a state-by-state rule.
HVAC Problems
If your air conditioner stops working, the majority of the apartment administrations do not consider it an emergency unless the temperature is above a certain point. The same holds true for the apartment's heating system. If it isn't cold outside, a heating system outage isn't an emergency.
Heat and air conditioning shall be provided in all rooms in the facility so that a temperature not less than 65 degrees F or more than 85 degrees F is maintained. Exceptions to this requirement include warehouses, industrial spaces, and mechanical and electrical spaces, which may be mechanically ventilated.
In Fort Worth, TX, you have a heating and AC emergency when the system is not working optimally, and the temperature is 80 degrees and above.
there's no law in texas that requires a landlord to repair the ac in a timely manner. A democrat in Austin filed a bill to require it but a republican lawmaker struck it down. The democrat said she would try again at the next legislative session in 2023.
Tenants who rent single-family homes typically have control over their thermostats. Those who rent an apartment or a unit in another type of multi-family dwelling, however, may not. Landlords often try to keep the thermostat low in the winter or high in the summer to control energy costs.
Yes, if it's been longer than 30 days since you made the request to fix the AC, you can withhold the rent or take advantage of other available remedies. That's the short answer. Here is the long answer: California has an interest in public health and safety and requires landlords to maintain habitable premises.
If your air conditioner stops working and weather advisories forecast daytime temperature at around 100°F and nighttime temperatures at or above 80°F, your AC requires emergency service. Other emergencies would be if an AC outage occurs and infants, elderly people, or those with health risks are inside.
Renters insurance policies don't often cover appliance breakdowns or malfunctioning appliances. That's where protection plans and extended warranties come in. They bridge the gap between disasters or theft and everyday occurrences like electrical failure.
HVAC emergencies include system breakdowns, refrigerant leaks, gas leaks, electrical failures, or loss of heat/air conditioning during extreme weather. These issues can lead to discomfort, health risks, or property damage, requiring immediate professional attention.
If you've gotten hurt because of heat exposure at work, you could have a legal claim for personal injury – especially if your employer knew about the hazard and did nothing to fix it. If you got fired because you reported unsafe conditions at work, you could have a claim for wrongful termination.
The New Regulations
Starting January 1, 2025, all new residential air conditioners and heat pumps must utilize A2L refrigerants. Older refrigerants like R-410, which are likely the refrigerant used by your current system, are being phased out.
If your landlord refuses to address the unsafe conditions, document all interactions meticulously. Keep records of written notices, emails, and verbal conversations. Prepare demand letters and gather evidence, such as photos and witness statements, to strengthen your case for potential legal actions.
This means that even if there is no air conditioning in the property, the tenant cannot withhold rent because it is considered just an amenity. The reason for this is that air conditioning is not considered a factor when defining the implied warranty of habitable living conditions.
Flooding in your home, fire or active electrical issues, broken windows, and sewage backup are examples of potential maintenance emergencies with your apartment or rental property. Again, if you have a life- or safety-threatening emergency, contact 911 right away.
Flooding, earthquakes and sinkholes are all examples of natural disasters that are not covered by a typical renters insurance policy. All three of these events can easily damage your personal property, so you should buy additional coverage if you think you're at risk.
A standard homeowners insurance policy provides coverage for heating, ventilation and air conditioning (HVAC) systems if they're damaged by a fire, for example. But if your AC unit stops working due to an accident or normal wear and tear, your insurance company probably won't pay your claim.
In California, landlords may be required to provide temporary housing, such as hotel rooms, when a rental property becomes uninhabitable due to factors beyond the tenant's control. Examples of such situations include severe damage from natural disasters, major plumbing issues, or substantial mold infestation.
Just like the lack of heating in winter, having no A/C in the summer is also considered an emergency maintenance issue. As temperatures rise, staying in your apartment without working A/C isn't just unpleasant; it could also be potentially dangerous.
When temperatures outside become higher than 100 degrees Fahrenheit, the air conditioning system can consume more energy and begin to malfunction or fail. Most air conditioning systems are designed to function with outside temperatures of 100 degrees or less.
Fever in an adult usually isn't usually dangerous unless it registers 103 degrees F (39.4 degrees C) or higher. If it is accompanied by any of the following symptoms, it may indicate a serious or life-threatening illness. Seek immediate medical attention if your symptoms include: Pain or tenderness in the abdomen.
In Florida, a landlord must act upon the AC issue within seven days of receiving notice from their tenant, Salcines says. “If the landlord fails to fix it or fails to address it within the seven days, then the tenant has the right to terminate the lease because it will render a unit uninhabitable.”
The Tenant must inform the Landlord, either orally or in writing, of the repairs that are needed. The Tenant must give the Landlord a reasonable period of time to make the needed repairs. The next remedy is to break the lease. This is called the abandonment remedy.
The government HVAC refrigerant mandate, initiated by the Environmental Protection Agency (EPA) and set to take effect on January 1, 2025, will phase out the use of R-410A refrigerant in residential-type HVAC systems, replacing it with R-454B and R-32, depending on the manufacturer.