AC Repair Small Claims Court - Advice anyone?

[pleox]

What is the name of your state (only U.S. law)? Texas.

I rent my house through Coldwell Banker. About two months ago, I called Coldwell Banker to schedule repairs on our AC system. The evaporator coils were going bad, so they had to be cleaned. They waited three days, while they contacted the landlord to make a decision whether or not to approve it. They came out, inspected our system, and left. Three days later, they came back and did the repairs. Then, I received the $450 bill. My lease says the only way that I am responsible for the repairs if it the damage is caused from 'Tenant Neglect". Of course, the AC company reported that it had been neglected due to AC filters not being changed regularly, which is the assumption made because at the time, I had a dirty filter in there. I called my property manager at Coldwell Banker, Amy, I asked her why I was not notified that I would be charged for the repairs ahead of time. She replied that she knew the repairs wouldn't have gotten done if she had told me.

Anyway, later on after some digging around, e-mailing the AC company and Cold Well banker, explaining to them that there are many other causes to why AC units get dirty over time with and without filters (which got me absolutely nowhere), I decided to try other things. In my lease, it says that I am only responsible for changing the filters. I contacted Sears, who sells the particular unit, and found out that my AC was covered under warranty. This information was never given to me because apparently my only responsibility to the upkeep of my AC unit is changing the filters. So, Sears came out and looked at our unit. He did further maintenance, including cleaning various other parts of the unit, all for FREE, because it was covered under the warranty. I tried everything to explain to property Manager at Coldwell Banker, Amy, but she wouldn't listen, and in many instances cut me off, and I had to ask her to let me finish what I was going to say. I always remained polite though.

After finding out that the work could have been done for free, I filed a report with the Better Business Bureau. Now tell me this, isn't it more neglectful of Coldwell Banker to use a third party for repairs when the repairs could have been free? Isn't it more neglectful for them to not be aware that certain appliances in their units are covered under warranty? I asked Coldwell Banker this question. They told me that had Sears come out first and look at it, they would not have done the work for free. They also said that to the BBB. I have asked for any kind of proof they had saying that Sears would not have done the work for free. They haven't given me any. I feel like I've exhausted all of my options here. I've even tried to contact the Texas State Attorney General.

I am thinking small claims is my last resort here.

Do I have a case?

Thanks,
pleox

 

[justalayman]

not sure how you found the gem at Sears that you did but cleaning is not a warranty item.



There are only a couple reasons the evap coil gets dirty:

no filter

a filter not changed when needed so air is sucked from anywhere the unit can suck the air from so as not all the air is passing through the filter

a poor quality filter

a poorly designed system that allows leakage around the filter, even when the filter is absolutely clean

the way I see it is; either argue and prove your lack of changing the filters when needed is not the cause of the dirty evap coil or pay the bill you caused.

 

[pleox]

Thank you for your response. That's definitely an idea. Filters are a contributing factor in the dirty coils, but another thing that should be done is yearly maintenance.

"The best thing you can do is regularly change your filter and have your equipment serviced. Having your equipment serviced also allows the technician to determine if your current filter changing practices are working or whether you should change the type of filter or the frequency you change them. The longer you ignore a situation like this the worse it gets. Sometimes if caught early enough you can use various coil cleaners to try and clean with dismantling things, however if you let it go too long these cleaners are relatively ineffective."

The warranty covered yearly maintenance on the system that included repairs, that was purchased by the landlord. They never came out before we called them.

 

[tranquility]

This is a fact and not a law issue. Personally, I think the filters were not changed appropriately. If you think you can convince a judge differently, try it. I don't think the mitigation of damages will fly, but you can do that too.

 

[justalayman]

pleox;3192371]Filters are a contributing factor in the dirty coils, but another thing that should be done is yearly maintenance.

a contributing factor? Either they are effective or they aren't. If a filter system is effective, the coil does not get dirty. If they are not effective, then the coil will get dirty.

Yearly maintenance or lack of it has nothing to do with a dirty coil other than if it is dirty, the annual maintenance will allow for an annual cleaning of the coil. It does not prevent the coil from becoming dirty.

"The best thing you can do is regularly change your filter and have your equipment serviced. Having your equipment serviced also allows the technician to determine if your current filter changing practices are working or whether you should change the type of filter or the frequency you change them. The longer you ignore a situation like this the worse it gets. Sometimes if caught early enough you can use various coil cleaners to try and clean with dismantling things, however if you let it go too long these cleaners are relatively ineffective."

well, there you go. Did the technician advise you on your filter choice or change interval because apparently your choice of filter or change interval was not working.

The warranty covered yearly maintenance on the system that included repairs, that was purchased by the landlord. They never came out before we called them.

it's odd that they would come when you called them since you are not the party that owns the warranty. but beyond that, so what? The landlord is not attempting to profit off the issue are they? If not, then your only argument is they could have had it done for free. You will have to argue they had to have it done for free if available. I don't believe that is required.

 

[pleox]

This is a fact and not a law issue. Personally, I think the filters were not changed appropriately. If you think you can convince a judge differently, try it. I don't think the mitigation of damages will fly, but you can do that too.

I'm thinking that Coldwell Banker is going to have to convince the judge of our neglect. They are going solely off of one dirty filter. I do change my filter regularly. How can they say that I don't based off of one visit?

 

[justalayman]

No, they are going off one dirty filter and a clogged up evaporator coil. That shows that you didn't change the filter as needed when they saw the dirty filter and the clogged evap coil shows it most probably has happened before

 

[Mass_Shyster]

There are certainly some triable issues here, but the question is "What court will the trial be in?".

The landlord will be required to prove that the tenant was negligent by not changing the filter and causing the damage. Since foreseeability is the hallmark of negligence, they will have to show that is was reasonably foreseeable that the unit would be damaged by the tenant's failure to change the filters.

The real issue is that this will probably come up during an eviction proceeding. The landlord will tack the bill onto the rent payment due (check the lease and you'll probably see that clause in there) , and file for eviction when the tenant fails to pay.

 

[Mass_Shyster]

I'm thinking that Coldwell Banker is going to have to convince the judge of our neglect. They are going solely off of one dirty filter. I do change my filter regularly. How can they say that I don't based off of one visit?

That's the difference between circumstantial evidence and direct evidence. The technician will testify that (a) the filter was dirty when s/he arrived and (b) the damage done is consistent with failure to change the filter. They don't need proof beyond a reasonable doubt. They need proof with a preponderance of evidence (more likely than not). If you can come up with a scenario that is more likely than theirs, you've got a shot.

You say there are other causes as to why these units get dirty over time. Do you have evidence that one of these other causes occurred? The plaintiff has evidence that there was a dirty filter. Step back and look at it objectively.

Assuming they have made the argument that you failed to change your filter, can you provide opposing evidence that you DID change your filter? (receipts for filters would go a long way in proving that). Obviously they cannot prove you never changed your filter unless they have been watching the unit 24/7 since you moved in.