Central AC broke - is this a health hazard to pets?

Question

Got a call today from a tenant about the central AC not cooling - the fan is on but not blowing cold air.

Tenant is in a 2/1 two people with two 50 pound dogs.

Tenant  is inherited from my last purchase so still on a 2 page long, overly  simplified lease they signed with the last owner.  I seem to have more  problems with inherited tenants because it's just more difficult to set  expectations with existing tenants.

So the AC broke.  I was  first notified by text today, on a Sunday afternoon at 4pm, no one is available today  - not the two HVAC services I have existing relationships with - the  earliest I can arrange something would be tomorrow, plus, it's pouring  rain outside.

I'll admit, it's hot out in South Florida now,  weather.com says 80 degrees, it's 84 degrees inside their home as  reflected by their AC thermostat.  I told them to open their windows and  I'll get someone out ASAP.

By 5:30pm I told them I have secured  an appointment tomorrow at 10am but only if it's not pouring.  The AC  tech told me they can't work when it's pouring out.

By 6:15pm I  got another call, saying they needed the AC fixed RIGHT NOW,  because it's an  "EMERGENCY", due to their dogs are sweating and could be a  health hazard.  Also, they think without the AC, they can't sleep  tonight and hence cannot go to work tomorrow due to being too tired from  lack of sleep, plus they have to eat out because they can't cook and risk warming the kitchen any further.  They wanted me to call a 24 hr AC repair service to  have it fixed tonight.

I am not a pet owner so I wanted to ask  those here who are.  Is it true that the lack of AC could be a health  hazard to these dogs?  If they open their windows it would be 80 degrees  - do dogs NEED AC in a dwelling with open windows? They have a fenced in backyard they can let the dogs out but they said it's pouring so it's bad for the dogs too...Is this a real issue or over dramatized?

I  am not comfortable calling a 24 hour repair service I don't have any  relationship with.  Doesn't seem like a true emergency to me.   Uncomfortable yes; Inconvenient yes; Emergency?

Their lease will end in July, I have been debating about renewing.  This may decide it for me.

Mitchell L. · Answer

This is over dramatized IMO... 84 Degrees is nothing for a dog... Tell them to buy a fan and the dog will figure it out and sleep by the fan.. I'm sure the dog is smarter than the tenant..

Wayne Smith · Answer

I have been told if the heat is life threatening then it is an emergency to fix the ac.  My lease states "In most cases, an a/c repair is not considered an emergency."  I actually went to court with this tenant and she brought up the fact that I did not fix the a/c in a timely manner.  My response was that she did not provide me with written notice about the a/c repair and she owed me rent, and according to the lease (which was written up by her real estate agent), I didn't have to repair it until she paid rent.  Judge looked at my lease and told her I wasn't responsible to fix a/c until.

Account Closed · Answer

I consider an emergency to be something that renders a unit uninhabitable according to state law.

I found this article on Florida law by the bar association, and it says that before a tenant can withhold rent for a place being uninhabitable, they have to first give the landlord 7 days written notice so the landlord has time to fix it.  So, nope, you don't have to fix something immediately, even if it's a habitability problem.

http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6...

There are no laws that say you have to provide any kind of accommodations for an animal.  And if the humans aren't dying, the dogs won't be either.  Sheesh.

The way they were acting, it's like they were trying to set it up so you'd have to give them money for hotels, restaurants, etc.  At minimum, the drama was completely unreasonable.  If you think it won't be hard to find a better tenant, I'd be giving these guys the proper notice so you can say goodbye to them in July.

Account Closed · Answer

When the temperature and humidity  rise, it becomes crucial to keep our  pets comfortable and safe. Animals cool themselves by panting, a process  of exchanging warm air from their lungs for the cooler air outside.  This cannot happen when it is hot and humid, which leads to increased  risk for heat stress and exhaustion. Leaving the air circulating with  fans or, better yet, leaving the Air Conditioning on will help to keep  pets cool and healthy. Thermostats should ideally be set at 78-80  degrees, an appropriate comfort level for most pets. Basements are  typically cooler than the rest of the house, so if your basement is a  comfortable place for your pet to be, having them spend time down there  during a heat wave is also an option. Pets should also always have  access to fresh water, as they can get dehydrated.

Sam Leon · Answer

I use the standard Florida FAR/BAR residential lease.  It does delineate very clearly who is responsible for what.

However, it does not define what "EMERGENCY" means.  To me it means something safety related or can cause additional damages if not acted upon immediately.

But if Texas has a definition for what Emergency means I would be very interested to read up on it.

Sam Leon · Answer

I had the AC service came by around 9:30AM this morning and by 10:15AM it's fixed.

Turned out the outside compressor had a big hole in the copper pipe and all the refrigerant leaked out.  The hole was caused by an arc fault when one of the electrical conductor broke loose from the wire nut - hot and humid weather in Florida over the years the solid conductor got corroded.  So had to re-braze the line, then recharged freon.

Incident reported 4pm on a Sunday and fixed Monday by 10:15am.

I restated to them this is NOT an emergency, it's strange, the previous owner was a slumlord and didn't fix anything, now that I am fixing everything they turned into cry babies.

Randy E. · Answer

Another vote for "no emergency."

Many dogs live outdoors 24 hours a day, all over the country, including the south.  When I was a child, we had a Lab and later a German Shepard (both over 80 pounds) and neither came inside for heat during the summer.  Not even when it was over 100 degrees.  Both dogs lived over 10 years, so it doesn't seem their health suffered any for the hot days outside.

Your tenants are greatly overreacting.

Matthew Paul · Answer

My house , I am way too cheap to call the emergency line for A/C .  I have 5 window units just for those emergencies

Central AC broke - is this a health hazard to pets?

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