California summers get very hot, and many renters are unsure whether landlords must provide or fix air conditioning. Cooling feels like a basic right, but California law does not treat AC the same as heat or water.
This guide explains how California handles renters’ rights to air conditioning, repair timelines, and when landlords are legally responsible. We’ll cover what the law requires, how to request repairs, and what options exist if a landlord refuses to act.
You’ll also learn about legal remedies such as repair-and-deduct, rent withholding, and contacting local housing authorities. In more serious cases where unsafe conditions persist, renters sometimes turn to a slumlord lawyer for help holding negligent landlords accountable.
By the end, you’ll know your rights and the practical steps to take if your unit becomes unlivable during extreme heat.
Quick Answer: Do California Landlords Have to Provide AC?
Most tenants assume air conditioning is automatically included in rental protections, but California law works differently. Air conditioning is not required under California’s habitability laws, unlike heat, plumbing, or electricity.
However, if a unit already has an air conditioner installed, the landlord is generally responsible for keeping it in safe and working condition. Your right to AC repairs depends on your lease and whether the unit had AC when you moved in.
At a Glance: What the Law Requires (And What It Doesn’t)
California’s Civil Code §1941.1 spells out the essentials landlords must provide. These include things like running water, heating, weatherproofing, and safe electrical systems. Air conditioning is not part of this baseline.
That means a landlord does not have to install a new system simply because a tenant requests one. But if the rental came with an AC unit, it falls under the same maintenance responsibilities as other appliances provided with the property.
If AC Was Provided With the Unit, Who Must Maintain It?
When an air conditioner is included at move-in, landlords must handle necessary repairs due to normal wear and tear. This duty mirrors obligations for other appliances like stoves or built-in refrigerators.
Tenants may be responsible if misuse or neglect caused the problem, such as failing to replace filters as required by the lease. If a tenant installs a portable or window unit independently, the responsibility for upkeep typically remains with the tenant unless the lease says otherwise.
Typical Repair Window: What Counts as “Reasonable Time” in CA
California law does not give an exact number of days for AC repairs, but it does require that landlords address habitability issues within a reasonable time. In California, non-urgent repairs are generally addressed within about 30 days, while urgent heat-related hazards should be fixed much sooner.
To protect yourself, record the temperature, messages with your landlord, and any delays in repair. If a landlord drags their feet, tenants may have legal remedies such as repair-and-deduct or contacting code enforcement, which we’ll cover in detail later.
California AC Law for Tenants
California tenant law sets out broad protections for safe and livable housing. Air conditioning is not always considered essential under state law, but certain circumstances make it a landlord’s responsibility. Understanding how the law defines habitability, ventilation, and lease obligations helps tenants know when they can demand repairs and when AC remains optional.
Implied Warranty of Habitability (Civ. Code §1941.1)
The implied warranty of habitability requires landlords to provide habitable housing. This includes basics such as working plumbing, heating, electricity, and weatherproofing. Air conditioning is not listed, but a broken system may still create an unlivable environment during extreme weather. Courts sometimes weigh the severity of the heat and whether failure to repair threatens health and safety.
Ventilation Requirements vs. Air Conditioning
Although landlords do not have to provide cooling systems, they must provide proper ventilation. Units must have windows or mechanical systems that allow fresh air flow.
Poor ventilation that causes unsafe indoor conditions may violate habitability standards, even if an air conditioner is not required. For tenants, this distinction matters because inadequate air circulation can strengthen a claim that their housing is unfit.
California’s Health & Safety Code §17920.3 treats inadequate ventilation and related hazards as substandard conditions, which can trigger enforcement even without an AC mandate.
Lease Clauses About AC & Maintenance
Leases often go further than the baseline law. Leases frequently assign filter changes to tenants and mechanical repairs to landlords; if the lease is silent, parties should follow standard maintenance practices and document agreements in writing. Clauses may also specify who pays for filter changes or minor upkeep. Tenants should carefully review their agreements to see if AC is considered an essential feature of the unit. In disputes, written lease terms often guide how responsibility is divided.
When AC Becomes a Landlord Obligation
If air conditioning is essential to keeping a unit habitable—for example, in regions with dangerous heat waves—courts may find landlords obligated to repair it promptly. Some California cities adopt heat-safety or performance standards and enforce violations through local housing codes. Confirm the exact city code for your address, since local rules can expand duties beyond the state minimum. In such cases, failure to act may be treated as a breach of habitability law.
Tenant-Installed & Portable ACs
Tenants sometimes add their window units or portable systems. These typically remain the tenant’s responsibility unless the landlord formally adopts them into the rental property. In some buildings, management may restrict these units due to safety or electrical concerns. Guidance from the U.S. Department of Energy on window and portable air conditioners explains the potential risks and efficiency issues, which helps explain why landlords often set rules for installation.
State Law vs. Local Ordinances: Stronger City Protections
California’s statewide law sets the minimum, but cities such as Los Angeles, San Jose, and Sacramento may have stricter requirements. Some cities set heat-safety or performance standards and enforce violations through local housing codes. Confirm the city code for your address, since local rules can expand duties beyond the state minimum.
How Long Can a Landlord Leave You Without Air Conditioning in California?
Even though air conditioning is not an automatic requirement under California law, once it exists in the unit, landlords cannot ignore repair requests indefinitely. The key legal standard is whether they acted within a reasonable time, which changes based on conditions such as outside temperatures, health risks, and availability of parts.
What Courts Consider a “Reasonable Time” for Repairs
California’s landlord-tenant statutes do not specify an exact repair window. For many general repairs, about 30 days functions as an outer guideline, and severe heat can justify a much shorter window. But in cases where high heat makes a unit unsafe, courts may consider a much shorter period appropriate.
Under California landlord-tenant law, landlords must meet basic habitability standards, yet judges often evaluate each case individually to determine if those duties were met.
Extreme Heat & Health Risks During Heat Waves
Heat waves present serious health risks, especially for children, older adults, and tenants with medical conditions. If indoor conditions reach unsafe levels, landlords may be required to respond quickly to avoid violating habitability standards.
The CDC Heat Safety warns about heat-related illness, noting that prolonged exposure can be life-threatening. Courts and housing authorities may use these public health guidelines to assess whether a delayed repair breaches tenant rights.
Backordered Parts & Temporary Cooling Solutions
Landlords sometimes claim parts are on backorder, but they must still act reasonably. This may include providing temporary cooling units or reducing rent until the system is repaired. During delays, many landlords supply portable cooling, offer temporary relocation, or credit rent until full repair is complete. Confirm any arrangement in writing.
Tenants can reference local housing resources, such as Los Angeles’s REAP program, which enforces remedies against landlords who fail to make urgent repairs.
How Tenants Should Document Heat and Repair Delays
Documentation is essential if repairs are delayed. Tenants should keep written notices, take photos of thermostats, and record outside weather reports. This record can support complaints to housing authorities or help in legal actions.
Does My Landlord Have to Fix My AC in California?
When an air conditioner is part of the rental unit at move-in, the landlord is generally responsible for repairs. The key issue is whether the damage stems from ordinary use or tenant behavior. California courts often distinguish between normal wear and tear, which landlords must address, and damage caused by negligence, which tenants may be required to pay for.
Normal Wear-And-Tear vs. Tenant-Caused Damage
Air conditioning systems, like any appliance, experience deterioration over time. If a compressor fails after years of use, that counts as normal wear and tear. In such cases, the landlord must arrange repairs at their own expense.
However, if the tenant mishandles the system—for example, by forcing a window unit into a wall socket that overloads the circuit—the landlord may lawfully hold the tenant responsible. The unsanitary living conditions guide shows how misuse or neglect by tenants can impact their rights in similar habitability disputes.
Who Pays for Parts, Labor, and Filters?
In most cases, landlords cover the cost of significant repairs and labor, while tenants may be expected to replace disposable items like filters. Leases sometimes make this division explicit, so reviewing your agreement matters.
If the landlord refuses to cover major repairs, tenants can explore remedies outlined in California’s habitability laws and, if necessary, consider enforcement through local housing authorities. For broader consumer protection, the California Department of Consumer Affairs provides tenant resources on repair obligations.
How to Request AC Repairs (With Templates)
Even when the law supports your right to repairs, the process starts with a clear and documented request. California law requires tenants to notify landlords before taking further steps, and proper notice strengthens your case if the issue escalates.
Step-By-Step: Notice, Access, and Timelines
The first step is sending a written notice to your landlord. This can be delivered by mail, email, or in person, but written proof is critical. Once notified, landlords must be allowed reasonable access to inspect and repair. If they fail to respond in a reasonable time, tenants may pursue remedies such as repair-and-deduct.
Landlord Right of Entry & Scheduling Repairs
Landlords cannot enter your home without notice, but they may do so for repairs with at least 24 hours’ advance notice in writing. Access must be during regular business hours, unless the tenant agrees otherwise.
Exceptions include emergencies, tenant consent, abandonment, or court order; otherwise, written notice and regular hours apply under Civ. Code §1954.
If landlords repeatedly cancel or delay, this could count as neglect of their obligations. Resources on tenant rights during major repairs help renters understand what steps they can take when essential work drags on.
Repair Request Letter/Email Template
Writing a repair request gives you proof and keeps things respectful. A sample could read:
Subject: Request for Air Conditioning Repair
Dear [Landlord’s Name],
The air conditioning in my unit at [address] stopped working on [date]. Given the current heat, this creates unsafe living conditions. California law requires landlords to complete repairs within a reasonable time. Please confirm when repairs will be scheduled.
Thank you,
[Tenant’s Name]
This format is polite yet firm. It documents the issue, references legal expectations, and makes it harder for a landlord to delay action without consequence.
Record-Keeping Checklist (Photos, Logs, Receipts)
Keep copies of all letters and emails, take photos of thermostat readings, and save receipts for temporary solutions like portable units. If you later file a complaint or bring a claim, this evidence is vital. Housing advocates, such as Tenants Together, strongly recommend documentation to support habitability claims.
Your Options if the Landlord Doesn’t Act
If a landlord ignores repair requests, California law provides several remedies. Tenants should carefully follow the legal steps to protect themselves from retaliation or claims of nonpayment.
Repair-And-Deduct
Tenants can use repair-and-deduct for necessary repairs the landlord is obligated to perform, up to one month’s rent, no more than twice in 12 months, after written notice and a reasonable opportunity to fix. Keep invoices and proof of payment.
Rent Withholding & “Constructive Eviction”
Withholding rent carries risk unless conditions are truly uninhabitable and you have strong evidence. Many tenants consult a lawyer or a tenant clinic first, seek inspections, and pursue rent abatement or repair-and-deduct before withholding. Courts want to see proof: your notice, access for repairs, and unsafe living conditions.
The California landlord retaliation guide covers how to respond if a landlord tries to punish tenants for asserting their rights.
Anti-retaliation Basics
California law bars retaliation for lawful complaints or repair requests. Prohibited actions include increasing rent, reducing services, serving a notice to quit, or filing an eviction within 180 days of protected activity. Protection applies when tenants act in good faith, such as requesting lawful repairs or complaining to the landlord or a government agency. Save all notices and timeline evidence.
When to Contact Code Enforcement or Your Local Housing Authority
If a landlord fails to act, tenants can report the issue to local housing authorities. Code enforcement officers investigate complaints and may issue citations. In Los Angeles, for example, serious violations can trigger the REAP program, which reduces rent until conditions improve.
What to Report and What Happens Next
Reports should include written notices sent to the landlord, photos, and any medical or weather records. Once filed, inspectors usually visit the property and order repairs if violations are found.
Evidence You’ll Need
Tenants should gather repair requests, proof of unsafe indoor temperatures, and medical notes if health risks exist. This evidence can later support small claims or mediation.
Small Claims and Mediation
Tenants may file in small claims court if damages are under $12,500. Mediation is another option, where both sides negotiate under a neutral facilitator. Local legal aid organizations often provide free assistance.
When to Contact a Tenant Lawyer
If repair requests go unanswered, negotiations break down, or retaliation escalates, speaking with a tenant lawyer is often the most effective step forward. An experienced tenant attorney who specializes in housing law can review your lease, explain your rights under California statutes, and identify the most potent legal remedies for your situation. They can also draft formal notices, represent you in small claims or housing court, and help you pursue compensation if your landlord’s failure to act created unsafe living conditions. For renters dealing with prolonged loss of air conditioning during extreme heat, having skilled legal support can make the difference between continued hardship and a fair resolution.
Disability Accommodations & Extreme Heat
California recognizes that extreme heat can present serious risks, especially for tenants with medical conditions. If heat puts a renter’s health at risk, disability laws allow them to ask for cooling as an accommodation.
Requesting Reasonable Accommodations
Under the Fair Housing Act and California’s Fair Employment and Housing Act, tenants with documented medical needs can ask landlords for accommodations. This may include installing or repairing air conditioning, allowing portable units, or modifying policies to permit window systems. The U.S. Department of Housing and Urban Development outlines the federal protections available, while Disability Rights California offers practical resources on how renters can make and support these requests.
Medical Documentation and Safety Considerations
A doctor’s note or medical record helps support the request. Tenants should provide these in writing along with the repair notice. In heat-related disputes, documentation of indoor temperatures and symptoms can strengthen claims.
For broader safety standards, resources from the California Department of Public Health highlight health risks linked to prolonged heat exposure. If a landlord refuses accommodations, tenants may pursue remedies similar to those outlined in slumlord lawsuits that address unsafe housing conditions.
Summary & Next Steps
California law does not always require landlords to provide air conditioning, but once a system is part of the rental, they must maintain it. Tenants have the right to expect repairs within a reasonable time, particularly during dangerous heat waves. If landlords ignore requests, renters can use tools like repair-and-deduct, rent withholding, or filing complaints with code enforcement.
Keeping records of notices, temperatures, and costs helps protect tenant rights if disputes escalate. For severe cases, such as retaliation or unsafe living conditions, consulting legal support is often the most effective path forward.
The takeaway is simple: tenants do not have to live in unsafe heat without action. By documenting issues, following repair procedures, and knowing when to seek legal help, renters can assert their rights and secure safe, livable homes.
FAQs: Renters’ Rights on Air Conditioning in California
Can a Landlord Legally Rent an Apartment Without AC in California?
Yes. California law requires heat and ventilation, but not air conditioning. However, if AC exists, landlords must maintain it under the warranty of habitability.
Is AC Considered an Essential Service Like Heat or Water?
No. AC is not listed as essential under the California Civil Code. Heat, water, and plumbing are required, while cooling becomes a duty only if provided with the rental.
What Is the New Law for Air Conditioning in California?
There is no statewide law mandating air conditioning. Some cities may have local ordinances requiring cooling during extreme heat, so always check municipal codes for updates.
Who’s Responsible for Routine AC Maintenance (Filters, Cleaning)?
Landlords cover major repairs. Tenants usually handle basic upkeep, such as replacing filters, unless the lease states otherwise. Always review your rental agreement for specific maintenance duties. If disputes arise, follow written notice and document access to avoid claims that you blocked repairs.
Can I Sue My Landlord for AC Not Working?
Yes, if failure to repair creates uninhabitable conditions or violates your lease. Tenants may seek damages in small claims or through tenant rights attorneys.
Eric Castelblanco, Attorney/Founder
Eric Castelblanco, founder and managing attorney of Castelblanco Law Group, APLC, has championed tenants' rights for over two decades, securing over $200 million in verdicts and settlements. His law firm also specializes in every aspect of personal injury accident cases, delivering exceptional ou...