We have been having heating/ac unit issues since we have been here and recently an independent report recently informed us the unit is 30 years old (original with the building, typical life expectancy is 20 yrs). Landlord claims we signed the lease accepting the unit as-is. He is claiming the heating/ac was working when we moved in and now it is not - so it is our responsibility to replace.
2007-08-05 15:56:17 · 7 answers · asked by cinderblock 3 in Business & Finance ➔ Renting & Real Estate
Lease also reads:
Landlord, at Tenant's cost and expense, shall enter into a regularly scheduled preventive maintenance contract with a contractor for servicing all hot water, heating and air conditioning systems and equipment within the Premises. The service contract will include all services suggested by the equipment manufacturer in its operations/maintenance manual.
We have had no one come 'maintain' the equipment unless we had called to report trouble.
2007-08-06 02:30:42 · update #1
Check your lease!!! If the lease says it is your responsibility to repair/replace, then you had fair warning to inspect before you signed. Sorry, but it sounds like it is up to you to get a new one.
2007-08-05 16:01:22 · answer #1 · answered by linkus86 7 · 0⤊ 0⤋
It depends on where you live and the laws of your area. However, in most jurisdictions in the US there are certain items that are required to be in good working order for a property to be considered habitable. Among these are normally a working toilet, a working sink and adequate/working heating. Check with your state's department of consumer affairs, or the department of real estate. They may have websites where you can look up information. Check to see what are the minimal requirements for a place being considered habitable.
Another place would be your local renter's board, or local legal aid.
In any shape, heating is a responsibility of the landlord, unless he can prove you specifically did something to make it not work. It is a matter of law that a renter cannot accept something as is, if part of the as is is an uninhabitable condition. By the way, most jurisdictions make it a requirement that if the repairs are not made in a timely fashion, the owner would have to pay for you to have temporary housing - a hotel or whatever, until he fixes it. this can run up into a huge fee. Again, check the state, county, renters board or legal aid.
2007-08-05 16:30:12 · answer #2 · answered by rlloydevans 4 · 0⤊ 0⤋
I don't believe that he should make you replace it unless he can prove that something that you did during your tenancy specifically caused the unit to fail. And with the unit being 30-years old that would be hard to prove.
BUT A/C is not required by any state as a condition of habitability (that I know of - check with your states Department of Consumer Affairs) so he could opt to NOT fix it and you would have to go without it unless you choose to pay for it yourself.
As a Property Manager - I would never expect a tenant to pay to replace a 30-year old A/C unit. That to me would be like asking a tenant to pay to replace the roof.
Responding to your additional information - if someone had come to maintain it YOU would have been on the hook for the cost of the service call. You really need to check with your state regarding your lease and what you can truly be held responsible for. Good Luck.
2007-08-05 16:20:09 · answer #3 · answered by jitterbugj 2 · 1⤊ 0⤋
What does your lease say?? If you signed a lease like that, shame on you!
Normally that type of thing is the responsibility of the landlord. And some states or jurisdictions don't allow a landlord to transfer responsibility for repairs to systems to residential tenants.
2007-08-05 16:29:52 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋
i'm somewhat beneficial as a renter he has to repair the home equipment that's composed of the water heater (undecided some softner), the air conditioner (in specific states), the heater, the oven (yet not a dishwasher), and refridgerator. i'm undecided if he has to interchange the object if in simple terms the ice maker isn't working, yet while that's leaking he probable does. specific states require a landlord to have domicile windows working propertly too. i might take photographs of the area to tutor how plenty the overlook the valuables has so if he makes a decision to cost you for something you are able to take him to court docket. the quicker the extra acceptable too! i might heavily talk which incorporate your landlord and request the domicile be stated to code, and if he declines request to break the hire (ought to be a criminal thank you to try this through fact o fliving situations), and circulate if a risk.
2016-10-09 07:28:48 · answer #5 · answered by mytych 4 · 0⤊ 0⤋
Double check your lease agreement and check with your local and state laws. Most states (including Florida) say that landlords must provide heat for tenants, but it says NOTHING about air conditioning (go figure!!).
Good luck!
2007-08-05 16:05:22 · answer #6 · answered by jjdriskel 3 · 0⤊ 0⤋
That would suck, going on what the guy above me said he's is a real estate guy and he know's what he's on about.
but in austrailia the tenants of any rented house can't be held liable for any repairs or maintence of the house.
Actually in most cases you can just arrange repair's yourself and then just send them the bill and they have to pay it.....
2007-08-05 16:08:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋