If the landlord doesn't provide air conditioning, consider installing a window mount air conditioner.
During hot summer days, cool air from an air conditioning unit may greatly improve the living conditions in a rental house or apartment. However, state laws do not require a landlord in California to supply air conditioning. While a landlord usually must provide a heating system, California state law usually considers air conditioning an amenity rather than a requirement of habitability.
Providing an Air Conditioner
Even though landlords don’t face a requirement to provide an air conditioner in a rental house or apartment, many landlords provide a cooling unit to increase the desirability of the property. In some areas of California with low humidity, landlords install an evaporative or swamp cooler to meet cooling needs. Tenants should ask about the availability of a working cooling system before they decide to rent the house or apartment.
Factors Affecting Habitability
Rental houses and apartments in California must comply with habitability requirements as described in California Civil Code 1941. A cooling unit isn’t listed as a requirement of habitability. Some requirements of a habitable rental unit include plumbing, heating, electrical and gas systems in good working order.
Windows and Ventilation Systems
The rental unit must comply with city, county and state building codes, which affect how easy it is to cool a property. For example, rooms must receive adequate ventilation from a window or a mechanical ventilation system. Unless a fan or other type of ventilation system is installed in the rental unit, most rooms require a window. The minimum window size usually measures 20 inches by 24 inches and the window must open at least halfway.
Broken Air Conditioners
If the landlord provided an operable air conditioning system in the rental house or apartment when the tenants moved in, the tenants can expect the landlord to maintain the air conditioning system in good working order. If the system stops working through no fault of the tenants, the landlord is responsible for repairing or replacing the air conditioning system. If the tenants caused the failure of the air conditioning system, they pay the cost of repair.
Request Repairs
A phone call followed by a written statement from the tenants notifies the landlord of a non-functioning air conditioning system. The tenants give the landlord a reasonable period of time to make the repairs. If the landlord refuses to fix the broken air conditioning unit, the tenants may consider using the “repair and deduct” remedy. The tenants pay to fix the air conditioner and deduct the cost from the rent. However, the repair cost can’t exceed one month’s rent and the tenants can only use this remedy once a year.