Renter's rights question.

[3catwoman3]

Our older son and his best friend are renting an apartment/condo on the top floor of a 7 floor building. Their air conditioning is not working. Our son says the landlord is refusing to fix it, saying that "It's an old building, there's nothing I can do." The building does not look particularly old, and is quite well maintained, as best I can tell.

Air conditioning was included in the description of the place, so, it seems to me, the landlord is obligated to fix it.

Any advice?

[Wounded Bear]

1. It would seem they might have a case...

but things like that depend heavily on state and local ordinances, not to mention the rental/lease agreement. Perhaps there is a local advocate or free legal advice office that could help them. If you know a lawyer, maybe they could get some pro bono advice from there.

[Major Nikon]

2. Local codes pretty much always require the landlord to make the apartment habitable

In most cases this doesn't include amenities like air conditioning, but may be different in your local area.

Note your rental agreement carefully. If air conditioning was included in the agreement, then you may be able to pursue the landlord in civil court for violation of the agreement.

[Miles Archer]

3. Agreed

It's "either / or"...if air conditioning repairs are mentioned specifically, or the wording of the "blanket" statement on repairs. Repairs generally refer to whatever came with the apartment, so unless air conditioning is listed as an exclusion, if it was there when they moved in, it's covered, and a refusal to fix it is a breach of the rental agreement.

[3catwoman3]

4. It is central air, so it was there...

...when they moved in last fall. I don't have a copy of the lease in front of me, but I do remember seeing central air listed as one of the features of the apartment when my son sent me the link to the listing.

[Miles Archer]

5. If it's central air, you're covered.

Refusing to repair it is a breach of contract. Most likely he's taking a shot at your not challenging it. I would re-read the lease before doing so. I lived in an apartment where I did a little jousting over a dying refrigerator. They replaced it, reluctantly, and it cost them $300. Two months later I got a $300 rent increase, so make sure the landlord doesn't try to stick you for the repair costs.