Ahhhhh summer, popsicles, sprinklers, and hiding in your car because it’s cooler than your apartment. Gone are the days where no school and slip and slides are simply enough, work didn’t let out for the summer and lets call it what it is…. HOT. Maybe the lack of air conditioning in your rental space just didn’t standout to you when you signed your lease in November. Or perhaps the metal box that sings beautiful songs of blowing cool air gave you the impression there was actually an air conditioner. Either way, it may have recently occurred to you that you actually are paying rent for an inferno that is slowly roasting you like one of those delicious rotisserie chickens at Publix.

Whether you don’t have an air conditioner in your rental or whether you have one that doesn’t work, you’re on the same steamboat, but likely going on two different journeys.

It didn’t seem necessary at the time, it didn’t make the priority cut, or it was a simple oversight. Whether you realized or not, you signed a lease for a rental property that doesn’t have an air conditioning unit.   You can’t change that, but you might be able to do something about it. Unfortunately, most states do not consider air conditioning an essential service, Arizona is one of the few that does. You will need to check your states statutes to know if air conditioning is a service renters are entitled to.

In the event you live in a location where landlords are required to provide air-conditioning in the rental space, your first step is to break out your paper and make sure you document everything. If you have a conversation with your landlord, write down what was discussed and mail them a copy. You might be hot, but keep your cool, communicate your needs and their legal obligations as a landlord. Hopefully, the end result is you sitting on your sofa in your cool apartment. Otherwise, it’s time to go back to your state codes and statutes to find your course of action. Small claims court may be the road your headed down (thank goodness you have all the documentation!) or you may be entitled to make alternative living arrangements paid for by your landlord. Remember, you should never stop rent payments without written authorization from your landlord or seeking legal advise, as it could be cause for eviction.

If you don’t live in an area that requires air conditioning in rental properties, it may be time to do some landlord tenant bonding. Perhaps inviting them over for coffee at noon in June to talk about how much you love your rental property might be a great way to melt the ice. If you have a wonderful landlord maybe you can sweat it out together and they will offer up a viable solution purely out of sympathy. However, understand purchasing an air conditioner may not be a cost a landlord is prepared to shoulder alone. If the heat is really unbearable, do your research, find some affordable window units and ask your landlord if they would be willing to split the cost in order to enhance their rental unit and help you enjoy your rental space again.

You have a metal box that may or may not make noise, but certainly doesn’t make cold, cool, or relatively warm air. Once again, your way forward depends on where you live, but one thing remains the same, documentation is KEY. This documentation starts with your lease. In that “landlord will:” section on your lease, where their responsibilities are so eloquently spelled out, make sure maintaining the air conditioning is listed. While many states group air conditioners in the list of appliances the landlord is required to maintain, this is only applicable if you actually rented a property with an air conditioner. And what easier way to prove the unit you rented has an air conditioner than by having a lease that says it.

Once you know your landlord is responsible for fixing their air conditioning unit, keep the documentation going. Notify them, if you do it by phone, follow-up with a certified letter highlighting what you discussed and the agreed upon course of action. The timeline for how long your landlord has to make repairs and your course of action if he doesn’t is going to be dictated by your state, so pull-up those statutes again. You may be entitled to make repairs and deduct it from your rent, but DO NOT withhold your rent. Holding your rent as ransom for landlord actions can give the landlord the leverage they need to evict you.

Whatever you do, don’t let the heat get the best of you. Take the time to understand your rights, your lease and your options before the popsicle hits the floor.