Landlord Won't Fix Broken AC in 100+ Degree Heat - Is This Legal? (California 2025)

I'm at my wit's end here. My AC unit completely died 3 weeks ago and my landlord keeps giving me the runaround. He says the HVAC company is "backed up" and they'll get to it "soon." Meanwhile it's been hitting 100-105 degrees in Fresno almost every day.

I have a 4-year-old and an elderly mother living with me. We've been running fans 24/7 and buying bags of ice just to survive. Last week I had to take my daughter to urgent care because she was showing signs of heat exhaustion.

I've sent multiple texts and left voicemails. Landlord finally responded yesterday saying "AC isn't required by law in California" and that I should "buy a window unit."

Is he right? I always thought landlords had to maintain livable conditions. This apartment was advertised with central AC and it's in my lease. What are my options here? Can I withhold rent? Break my lease?

I practice landlord-tenant law in the Central Valley, so I see these cases regularly. Let me clarify the legal landscape:

Your landlord is technically partially correct - but missing crucial context:

California Civil Code 1941 lists minimum habitability requirements, and air conditioning is NOT explicitly listed. The statute requires heating, but not cooling. So in a literal sense, AC isn't "required by law."

HOWEVER - here's where it gets more nuanced:

• Lease provision: If AC is in your lease (and it sounds like it is), the landlord is contractually obligated to maintain it. This is a breach of the lease agreement.
• Extreme heat exception: Courts have found that in areas with extreme heat, lack of cooling CAN constitute a habitability violation when temperatures create unsafe living conditions. Fresno in summer absolutely qualifies.
• Vulnerable occupants: The presence of a young child and elderly person strengthens your case significantly.
• Medical documentation: That urgent care visit for heat exhaustion? Get those records. That's powerful evidence.

I'd recommend starting with a formal written demand. There's a good habitability demand letter template that covers these situations. Send it certified mail with return receipt.

I was in a similar situation last summer in Bakersfield - broken AC for over a month, landlord wouldn't respond. Here's what I did:

I used the repair and deduct remedy (Civil Code 1942):

1. Sent a written notice giving landlord 30 days to fix (keep a copy!)
2. After 30 days with no action, I hired a licensed HVAC company myself
3. Got the compressor replaced - cost was $1,800
4. Deducted that amount from my next rent payment
5. Included copies of the invoice and my original notice with the reduced rent

Important limitations to know:

• You can only deduct up to one month's rent
• You can only use this remedy twice in a 12-month period
• The repair must be for a habitability issue (which broken AC in extreme heat can qualify as)

My landlord was pissed but couldn't do anything about it. The law is clear. Just make sure you document EVERYTHING - photos, temperature readings inside the apartment, all communications.

Check out the California habitability demand resources - they have good info on the repair and deduct process.

Former code enforcement officer here. Want to add another option people often overlook:

Contact your local code enforcement or housing department.

In Fresno, you can file a complaint with the City of Fresno Development and Resource Management Department. They take extreme heat situations seriously, especially with vulnerable occupants.

What happens when you file:

• Inspector visits the property (usually within 5-10 business days, faster for emergencies)
• They document the conditions and issue violations if warranted
• Landlord receives official notice with deadline to repair
• Failure to comply can result in fines or even rental license revocation

The beauty of this approach: it creates an official government record of the violation, which is VERY useful if you later need to break your lease or pursue damages. And it costs you nothing.

Also, Fresno County has a habitability hotline specifically for these situations during heat waves. They've been more aggressive about enforcement since that family died in the 2024 heat wave.

This doesn't prevent you from also using repair-and-deduct or sending a demand letter - you can do multiple things at once.

I ended up breaking my lease over a similar situation last year in Riverside. No regrets.

The key legal concept is "constructive eviction" - when conditions become so bad that you're essentially forced out even though the landlord didn't formally evict you. Extreme heat with no AC can qualify, especially with health impacts.

What I did:

1. Documented everything for 6 weeks - daily temperature readings inside (used a cheap thermometer), photos, all communications with landlord
2. Got a doctor's note saying the conditions were hazardous to my health
3. Sent a formal notice that I was terminating the lease due to uninhabitable conditions (citing Civil Code 1942)
4. Moved out and demanded my full security deposit back

Landlord tried to keep my deposit and charge me for breaking the lease. I took him to small claims court with all my documentation. Judge ruled in my favor - got my full deposit back plus awarded me partial rent refund for the weeks I lived in uninhabitable conditions.

It's not an easy road but it's doable. The security deposit demand letter resources helped me get my documentation right.

Great responses in this thread. Let me add some clarification on when AC crosses the line from "amenity" to "habitability requirement":

Courts generally consider these factors:

• Geographic location: Central Valley (like Fresno) is treated differently than coastal areas. 100+ degrees is common and expected here.
• Duration of extreme conditions: A few hot days is different than weeks of dangerous heat.
• Vulnerable occupants: Elderly, young children, people with medical conditions - this matters a lot.
• Health impacts: Documented medical issues seal the deal.
• Lease terms: If AC was promised, that's a contract breach regardless of habitability law.

@FresnoTenant_Help - your situation checks multiple boxes: Central Valley location, 3+ weeks duration, young child and elderly occupant, documented medical emergency. This is a strong case.

One more option nobody mentioned: some California cities have "right to repair" ordinances that are stronger than state law. Check if Fresno has additional tenant protections - many Valley cities added them after recent heat waves.

Whatever you decide - repair and deduct, breaking the lease, or rent withholding - make sure you send proper written notice first. The repair demand letter templates can help you get the language right. Sending notice via certified mail with return receipt protects you legally.

UPDATE: Wanted to follow up and thank everyone for the advice.

Here's what I did:

1. Filed a complaint with Fresno code enforcement (thanks @HousingEnforcement_Maria)
2. Sent a formal demand letter via certified mail citing Civil Code 1941 and 1942, with a 7-day deadline given the emergency nature
3. Included the urgent care documentation and stated I would be using repair-and-deduct if not fixed

The combination worked. Code enforcement called my landlord, and suddenly he found an HVAC company that could come out the NEXT DAY. Funny how that works.

Turned out the compressor was completely shot - $2,400 repair. Landlord paid for it (as he should have from the start). Inspector also noted some other violations while there, so landlord is now fixing those too.

Lessons learned:

• Put everything in writing
• Know your rights - landlords count on tenants not knowing the law
• Code enforcement is a powerful tool
• Document everything, especially medical issues

For anyone else dealing with this - don't just accept "AC isn't required." In extreme heat with vulnerable people, you have rights. Thanks again everyone.