Is Your Landlord Required to Provide Air Conditioning?
When it's 95°F outside and your apartment feels like a sauna, you want to know one thing: does my landlord have to fix this? The answer depends on where you live, and it's not as straightforward as the heating rules. Most states don't require AC — but if your landlord provides it, they have to keep it working.
States That Require Air Conditioning
Only a handful of states or cities explicitly require landlords to provide cooling. Arizona (in Maricopa County and other hot areas), Texas (via local ordinances in Dallas, Houston, and others), and Nevada all have requirements tied to extreme heat. In these jurisdictions, a nonfunctional AC during summer is treated as a habitability violation — same as no heat in winter. Most other states don't require AC by law, but the implied warranty of habitability can sometimes apply when indoor temperatures reach dangerous levels (above 85-90°F).
If Your Lease Includes AC, It Must Work
Here's the key rule most renters miss: if AC is mentioned in your lease, listed as an amenity, or was present and working when you moved in, your landlord must maintain it. You're paying rent based partly on that amenity. If the AC breaks and the landlord drags their feet, that's a breach of the lease. Document the temperature, send written notice, and give them a reasonable repair period (24-72 hours in extreme heat).
Portable AC Units and Window Units
If your building doesn't provide central AC, can you install a window unit? Check your lease — many leases restrict window AC installations for insurance or aesthetic reasons. If the lease prohibits window units and doesn't provide central AC, you're stuck with portable units that vent through a hose (no window modification required). The landlord generally cannot prohibit portable AC units that don't modify the building.
Extreme Heat as a Habitability Issue
Even in states without AC requirements, sustained indoor temperatures above 85°F can be argued as a habitability issue — especially for elderly tenants, children, or those with medical conditions. If your apartment regularly exceeds 85°F during summer and the landlord has refused to address it, document the temperature readings and contact your local housing authority. Some cities issue emergency orders during heat waves that temporarily require cooling measures.
●Frequently Asked Questions
Frequently Asked Questions
Can my landlord charge me extra for running the AC?
If you pay your own electric bill, your AC costs are on you. If utilities are included, the landlord generally cannot restrict your AC use as long as you're not running it at unreasonable settings (like 60°F). If they've added a surcharge for AC usage, check whether your lease permits it — mid-lease surcharges are usually unenforceable.
My AC is broken and my landlord says it's not an emergency. Is that true?
It depends on the temperature. When indoor temps exceed 85°F and outdoor temps are over 90°F, most housing courts treat AC repair as an urgent matter, especially if the AC was part of the lease. In Arizona and Texas, nonfunctional AC during summer heat is explicitly treated as an emergency repair requiring 24-hour response.
Can I install a window AC unit if my lease says no?
Technically, your lease controls. But if the building provides no cooling and indoor temps are dangerous, some tenants have successfully argued that the no-AC clause conflicts with habitability requirements. Get the restriction in writing, document the temperatures, and consider negotiating with your landlord before installing anything.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.