<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by
[email protected]:
Recently rented part of house to tenants. During showing of property, I advised them that the A/C units in the wall were old and I did not know if they worked. Told them if they did, they could use them. If not, I was not planning to replace them. They moved in and now are complaining about the non-working A/C units. This specific issue is not addressed in the lease in any way. Do I have a legal obligation to fix or replace them? I DON'T WANT TO! Tenants are now stating that because they are 'fixtures' I am required to fix / replace them. They are also experiencing a case of amnesia....stating that I never told them that they most likely didn't work, despit the fact that they are 35 yrs old. <HR></BLOCKQUOTE>
I see that a lot of hot air is being blown around. I would tend to side with the tenants for several reasons:
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1. there is nothing in writing in the lease agreement stating what you verbally told the tenants. Pursuant to the Statute of Frauds, all real estate contracts must be in writing to be enforecable. A L/T lease agreement is considered a real estate contract.
2. the AC units are indeed fixtures and even if it was not, any landlord property must be in proper working order unless specified in writing. If you rented the property and included a portable desk fan and the fan broke due to old age, the landlord would be responsible for repairing or replacing the appliance. You were negligent in testing out the fixtures to determine whether the units worked or did not work. That is the landlords responsibility and not the tenants.
3. depending on the weather ( heat temperature and humidity), it may only take common sense to determine that the AC units should be working. The alleged tenants amnesia may be caused by high humidity and hot weather which you will be blamed for. Even if stated in writing that the AC units were in fact not working, the tenants can still require the units to be working. This would be under the condition of health and safety of occupants. If the ambient temperature in their leased premises exceeds State Dept of Health guidelines for Indoor Air Quality, you would have to comply. Ex. the temperature is 90 degrees with all the windows open and the tenants M & M's candies melts in their hands and in the bags.
4. Ask yourself, in the area that you live in, do most of the homes have AC units? Is the temperature in your area such that AC units are needed? If you live in Hawaii with the cool tradewinds, maybe AC is not needed. Do you have AC units in your part of the home? If yes can the tenants hang at your place until you get their AC units fixed ore replaced? Would a common man need AC in the home? Here is the most important question: if a Court Judge were the tenant, would the judge want the AC units working?
Play It Cool. Give then some fresh air. Remember: many are cold but few are frozen.
[This message has been edited by HomeGuru (edited June 26, 2000).]
