Q) My daughter rented an apartment where the landlord pays the utilities. It has no sir conditioning and she’s not allowed to get a portable air conditioner. Is it legal to stipulate this?
A) It’s not illegal for a landlord to prohibit the installation of a portable air conditioner, as long as this policy is stated in the lease or rental agreement. Landlords typically don’t like portable units. They are unsightly and add substantially to the cost of utilities, which naturally concerns landlords who pay the (utility) bills.
The only limit on the rule of this type is a reality check: In areas where temperatures are high in the summer, few tenants will agree to rent an apartment knowing that they cannot use a portable unit. In your daughter’s case, if she knew about the rule but signed a lease incorporating it anyway, she’s bound by that clause.
Your daughter might try approaching the landlord to see if they can work out a compromise. If they can agree that the (air) conditioner is likely to increase the utility bill by a certain amount during specified months, your daughter could offer to pay that sum.
(Janet Portman, Inman News)
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