Tenant Attempting to Break Lease Due to Heat

[Jesse Collins]

Hello everyone,

I have a property located a little ways outside of the DFW metroplex (east). It is a duplex. I am having problems with a tenant, and their heating/cooling. For context, this duplex was built in 1900 and has original shiplap walls and ceilings, with a few rooms being dry wall. We did a full remodel on this property, installed new HVAC and fully insulated it. 

When the tenants moved in, the HVAC unit was not keeping up all day. It would start out at the desired temperature, but would slowly start creeping hotter to 82 degrees. It was never 80+ degrees for more than a few hours a day. For those of you who make not know, Texas has had an extreme heat warning from about the past month with heat reaching 100-111 degrees. On days that are 90-95 degrees, the unit keep up.

Since the issue started, these are the steps we have taken to address the issue:

1. Giving two portable A/C 14,000 BTU units on wheels which can be moved from room to room. 
2. Adding attic fans in the attic to reduce heat.
3. Adding 9 additional inches of insulation to the already insulated attic.
4. Adding door sweepers to better insulate the exterior doors.

5. 2 different HVAC companies have evaluated the units and have said that this is the best it can do given the excessive heat and older house. They have serviced the units 4 times in this 30 day window.

The utilities we have kept in our name and billed the tenants. We told them we would cover 45% of the electricity from this past month, as that was what we estimated their usage for cooling was on their unit. 

Despite our trying to accommodate them, they have been very ugly to us. I understand it is hot, but we have made every attempt to rectify the issue. We are going to install more soffit vents and roof attic fans to try and reduce attic heat. So we are still trying, but they have told us that they would like to be relieved from the lease agreement.

When they moved in, they paid 3 months of rent + deposit + pet deposit. They are a little over a month into the lease and are demanding their money back. In our lease agreement, there is an acceleration clause. If the tenant breaks the lease prematurely, they are in default. The remedy for tenant default in our agreement is the acceleration clause mentioned. All the rent becomes due effective immediately. 

They are threatening to take us to small claims court, because they are stating we violated the agreement. I have looked over the agreement, and cannot find anything which would indicate that.

I am looking for advice to how to handle this situation, and what their legal remedy would be for breaking this lease. It doesn’t seem to me like they have a case. However, I have never had this specific situation occur. Any advice or thoughts are welcome. 

[Richard F.]

Aloha,

You have already gone FAR above and beyond, given the ambient temps. AC's can only reduce the temp by around 20 degrees from ambient. 

I would just let them out of the Agreement, charging for every day of occupancy, and cleaning/damages based on conditions found after they turn over the keys and possession. If they want to take you to small claims, let them. Just be sure you have every written communication from them regarding the AC (and any other issues), as well as your receipts for repairs and improvements as you have described.