[Northern Air]

Is the landlord required to provide air conditioning in a rental home?

[ScottGem]

Local laws may vary on this. In extremely hot areas it may be required.

[Northern Air]

Thanks for your answer, Scott. The location in question is located in Cooke County, in North Central Texas. We have a customer whose landlord is requiring the renter to pay 1/2 of the cost for air conditioning installation in a rental property currently having no A/C... I'm not sure this is legal.

[ScottGem]

Look through the threads here, I think there was another Texan with a question and one of the answers included a link to Texas laws.

But frankly, if the property has been rented before without AC, then I doubt if it's a requirement. The landlord is then being generous by assuming half the costs. He could just tell the renter to get their own window ACs

[Northern Air]

Thanks, Scott; I apreciate your help.

[RickJ]

Have your friend look through the lease to confirm if it says anything about A/C. Generally speaking, if the lease does not indicate anything about it, and it's a mechanical aspect of the apartment that is in working order when the apartment is rented, then the landlord should be required to keep it in working order at his own expense.

See TX on the list of State Landlord-Tenant Laws here to see if the State laws address the issue.

[ScottGem]

A quick glance through the link Rick posted doesn't show any requirement for AC. Though local ordinances may include it.

Generally AC is a luxury, not a requirement.

[RickJ]

Generally AC is a luxury, not a requirement.

Certainly true in general but not for granted in a rental situation.

Northern Air: Check your lease to see how and if it addresses mechanical issues, especially the A/C. If it does not, then generally speaking you can treat all mechanicals the same: A/C, garbage disposers, kitchen light... you name it.

You're paying $X for an apartment with those features - and the landlord is responsible to keep those things in proper working order... again, though, unless
1. otherwise addressed in the lease, and
2. the terms addressing them otherwise are enforceable (that is, not against a local, state or national code, considered unconscionable, etc.).

Check that lease.

[talaniman]

All renters of apartment complexes must be able to maintain 86 degrees in all units and can be fined for not meeting this standard. Covered by local ordinances through out North Texas. Air conditioning is a feature of apartments that you pay for and their maintenance is part of the lease. Homes that are rented must specify for their to be a binding agreement and yes they can make you pay for window air conditioning units.

[ScottGem]

generally speaking you can treat all mechanicals the same: A/C, garbage disposers, kitchen light...you name it.

You're paying $X for an apartment with those features -

I think you are missing one factor here, Rick. From the way I read it the premises does not now have AC. What you are saying is correct if there was EXISTING AC.

But Tal's comments, if correct, would indicate that some type of climate control would be required.

[brooks]

I agree with scott, I lived in TX and if AC is not provided with the unit than you are out of luck.

[RickJ]

From the way I read it the premises does not now have AC. What you are saying is correct if there was EXISTING AC.

I lived in TX and if AC is not provided with the unit than you are out of luck.

Correct and correct.

I presumed that the apartment was rented with A/C, but now I see that we're not told.

Certainly the answer will lie with whether this is true or not.

[talaniman]

If you pay for a/c and it must be part of a lease agreement then the landlord has to maintain those units. If you cannot maintain an ambient temperature of 86 degrees the operator or manager will be fined. No a/c no agreement and you have to purchase your own a/c.

[ScottGem]

If you pay for a/c and it must be part of a lease agreement then the landlord has to maintain those units. If you cannot maintain an ambient temperature of 86 degrees the operator or manager will be fined. No a/c no agreement and you have to purchase your own a/c.

OK, lets try to summarize here. The unit has not AC currently installed. Tenant moves in and notices how hot it is. He takes a picture of a thermometer showing 90 degrees inside the unit. He goes to the landlord and says you have to install AC.

1) Is the landlord required by law to do so?
2) Is the landlord responsible for paying for the installation?

From what Tal is saying the answer to 1) is yes. The answer to 2) is unclear.

I still feel the landlord is being reasonable in paying for half the costs.

[RickJ]

Boy, I've been assuming far too much. If there is no A/C installed, then yes, the landlord can make the offer as he has.

As far as it's being reasonable or not. If you plan to live there for many years, yes definitely reasonable.

[talaniman]

To clarify, The landlord does not have to buy you an air conditioner, unless it is in your lease. If it is they are required to service it because you are paying for this service. If the landlord offers to go half on a window unit that is a good deal, but when you move out the unit stays as part of the rental property unless you have an agreement. In apartment complexes in Dallas county you pay for a/c and they service it. If the temperature is above 86Degrees call the fire dept. for verification and the landlord must fix/replace a/c or be fined. If you buy your own (home rental) its your responsibility to keep it maintained. A good tip to remember if a/c is advertised as a feature of the rental property, the landlord is assumed responsible and liable.

[ScottGem]

OK, so it would appear the landlord is NOT required to provide AC unless the unit was advertised that way or listed in in the lease. So, the offer to split the cost seems reasonable.

However, one factor is what type of AC is being offered. If we are talking a whole house system, then it's a good deal. However, if we are talking a small room A/C (5-8K BTU), then I would just buy my own unless you are planning to stay a long time. If you aren't then, you can take the AC with you. If you are planning on staying 5 or more years, then it would pay since the landlord will now be responsible for upkeep.

[talaniman]

Get It In Writing,assume Nothing!