Tenant Demanding Us To Fix Broken A/C Unit

[Karly Wright]

We have a broken A/C unit on our duplex property. We live in the suburbs of Portland Oregon and air conditioning is more of a bonus not expected here, especially in older homes. The unit has been broken for over a decade at this point. I did not advertise the unit as having A/C. On our virtual tour with this tenant (he moved from the East coast) I said it didn't work. He's been there for 11 months now, he's been great. He is now saying it's not noted on the property inspection form that we went through when he moved in (The forms I use have no space for A/C, only heat which was checked as good). He is saying this falls under maintenance which is the landlords responsibility and is awaiting me to send out a crew to fix it. I realize now I need to have something in writing stating this unit does not have A/C, but he clearly was told this in the beginning that this unit does not have A/C and he is now looking for a loophole. Does he have legal standing here?

[David Lee Hall, III]

@Karly Wright

Not a lawyer here. Verbiage in the lease is key. Additionally your move in inspection could come into play.

I would probably do the following, this is completely malicious compliance and depends on your skill set: have an HVAC company do an inspection on the furnace and tuneup. That should run about $60. While there, give the guy $20 to check the a/c for coolant. Assuming there is no coolant left, kill the power to it, disconnect it, and take it to the scrap yard. They are paying $4.50/100lbs over here right now. Assuming the lease doesn’t provide for a/c there is nothing left to maintain.

Flip option would be do have him sign a multi year lease at a significant price hike to get your money back and then some for fixing it.

I guess it depends on the nature of your relationship. You could also just not renew as it sounds like he is coming up to the end of a year.

So many solutions, sorry I’m not much help today!