As the fall and winter seasons approach, Quad Cities residents should start preparing for colder weather. A properly functioning HVAC unit is essential during the colder seasons. This can get tricky for those who live or operate businesses in rental properties, especially if you aren’t sure who is responsible for broken HVAC liability. No one wants to live or work without a functioning HVAC, and doing so can be a risk to your health and livelihood.
Our team of Quad Cities personal injury attorneys explains what happens if your HVAC unit is broken, who is liable, and how we can help if you’ve suffered complications caused by a broken HVAC due to no fault of your own.
What Can Happen If My HVAC Unit Is Broken?
Besides not having heat or air conditioning, a broken HVAC unit can quickly lead to an uncomfortable, uninhabitable, and potentially deadly situation. Heat illness can occur in warmer weather due to a broken HVAC unit. However, there are many hidden dangers of a broken HVAC unit in winter that we don’t often consider. The implications of insufficient heating in the winter go beyond an uncomfortably cold home or business and can include the following.
Increased Risk of Respiratory Illness
Colder environments can increase your risk of getting sick, especially respiratory illnesses such as colds, flu, and pneumonia. Cold air can irritate your airways and make it harder for your body to fight infection. Respiratory illnesses can be hazardous to immune-compromised people. Cold air can worsen respiratory conditions such as asthma, chronic obstructive pulmonary disease (COPD), and pneumonia.
Property Damage
Unheated homes are more likely to experience property damage, such as frozen pipes, burst pipes, and mold growth. Frozen pipes can also lead to water damage, which can be costly to repair. Additionally, changing temperatures can cause damage to wood, wallpaper, and other structures.
Increased Energy Costs
Broken HVAC units will have to work harder to heat your home, which will use more energy. You may pay more for your energy bills if you have to use alternative heating methods, such as space heaters.
Non-Functioning Appliances
Many appliances need to be kept at specific temperatures to function properly. Unheated homes can damage appliances, such as refrigerators, water heaters, and washing machines.
Carbon Monoxide Poisoning
Carbon monoxide is a colorless, odorless gas that can be deadly. Fuel-burning appliances, such as furnaces, stoves, and generators produce it. If your home is not adequately ventilated, carbon monoxide can build up and cause poisoning.
Hypothermia
In severe cases, a broken HVAC unit can lead to hypothermia, a potentially fatal condition in which your body temperature drops below 95 degrees Fahrenheit.
Increased Risk of Falls
Cold weather can make your muscles and joints stiff, increasing your risk of falls. This is especially true for older adults or anyone who has arthritis.
Landlords, business owners, and workplaces are legally obligated to maintain their HVAC systems in good working order to prevent health problems, injuries, and property damage. Failure to do so could be considered negligence and result in financial liability.
Determining broken HVAC liability can sometimes be complicated, depending on the circumstances and location. Both Iowa and Illinois have their own laws regarding liability and rental property.
Broken HVAC Liability in Iowa
Iowa Code Chapter 562A.15(1)(f) states that landlords must “maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord.”
So, property owners are liable for a broken HVAC in Iowa if the tenant is not responsible for the damage. State law lists heating as an “essential service,” meaning landlords must provide it to tenants.
Unlike other states, tenants in Iowa are not legally allowed to withhold rent for repairs. However, there are a few additional steps you can take if your landlord in Iowa is refusing repairs they are liable for, including:
- Making repairs and deducting the cost from the rent
- Ending the lease
- Filing a complaint with the local housing authority
Broken HVAC Liability in Illinois
Under Illinois law, property owners operate under the implied warranty of habitability. This legal doctrine requires landlords to provide tenants with a rental unit free from significant defects that could make it unsafe or unhealthy to live in. The specific requirements of the implied warranty of habitability in Illinois are not spelled out in state law. Instead, they are determined by case law and local housing codes.
If a landlord does not provide proper heating, air conditioning, or ventilation, they have breached the warranty, and the tenant can force the landlord to make repairs.
Along with this, the Illinois Landlord and Tenant Act (765 ILCS 705/) requires landlords to provide heat in their rental properties during a designated heating season from October 1 through May 31. The law states that the heat must be kept at a minimum temperature of 68 degrees Fahrenheit between 6:00 a.m. and 10:00 p.m. and 62 degrees Fahrenheit between 10:00 p.m. and 6:00 a.m.
The Illinois Landlord and Tenant Act and the state’s implied warranty of habitability specify that a tenant can take legal action against the landlord for failing to provide heat. The tenant may be awarded damages, including rent, court costs, and attorney fees.
Contact a Quad Cities Personal Injury Lawyer
All property owners in the Quad Cities area owe their tenants a safe and comfortable environment by providing proper heating. However, this does not always happen. If your landlord has failed to provide adequate heating, one of our lawyers can help you with broken HVAC liability and see that you get the compensation you deserve.
If you or a loved one have been injured by the negligent or reckless actions of another, one of our Quad Cities injury attorneys will fight for you and see you receive a fair settlement. Our caring and compassionate lawyers will support you throughout your journey of seeking compensation for your injuries, pain and suffering, lost wages, and more.
To get started on your claim, schedule your free case consultation. Reach us 24/7 by phone at (309) 794-1515, via LiveChat, or by filling out our contact form.