Common Conditions FAQ: Addressing Problems with the Air Conditioner

It’s hot, but the landlord isn’t turning on the air conditioner: 

  • In senior housing (55+ years old), the air conditioner must be on between June 1 and September 30 when the temperature is above 80℉. HB 2562. For more info, click here
  • Although Illinois law doesn’t require landlords to provide an air conditioner in each rental unit, it does require the landlord to maintain it if one is present. 

The landlord is not repairing the air conditioner: 

  1. Inform Your Landlord: One option is to let your landlord know about the broken air conditioner with a demand letter. Tenants should do this in writing, like sending an email or a letter. It’s a good idea to keep a copy of this communication for your records. 
    1. If it’s an emergency and poses an immediate threat to health or safety, mail a 24-hour demand letter for repairs. Sometimes, extreme heat can seriously threaten an individual’s health, especially if they have certain health conditions. 
    2. If it’s not so urgent, deliver a 14-day demand letter for repairs before terminating the lease, withholding rent, or repairing it yourself. 
  2. Give Some Time: Your landlord needs time to fix the air conditioner. 
  3. City Inspection: If your landlord doesn't do anything, you can call the local department of buildings, health, or public health. They might send someone to check the situation and tell your landlord to fix it.
  4. Assert Legal Rights: If your landlord isn't doing anything, you can withhold some of your rent money, terminate the lease, or pay for the repairs. A demand letter must be sent before asserting these rights. It’s important to follow the rules carefully, so don’t hesitate to talk to a lawyer before you try this.
  5. Seek Medical Attention: Watch for symptoms like dizziness, nausea, muscle pain or spasms, and a temperature over 103℉ in extreme heat. Stay hydrated, seek shade, and avoid high-energy activities. Cover windows and use window reflectors to keep out the sun. Consider seeking out local cooling centers to cool down. 

The landlord turned the air conditioner off: 

  • Sometimes, utility providers cannot disconnect gas and electrical services due to unpaid bills. HB 1541. For more info, click here.
  • If the landlord intentionally turns off or removes air conditioning, a tenant may consider it a lockout. Click here for more info on lockouts. 

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.

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