Tenants Keep Calling AC Company Directly

[Zana Blue]

Tenants moved in and in first month called me to complain about the air conditioner. I sent out the AC guy and he repaired it. Second month the tenants call the AC guy directly and he goes there and repairs it and they send me the bill for a service call. I call the company and say DO NOT DO ANY WORK for that tenant again unless you are going to charge them. They call the company a third time and the AC guy tells them the unit is old and should be replaced so they call me and tell me to replace it. To be fair it was old but that is a discussion that belongs between me and the AC company. So I replace the unit. Month four I get texts that the brand new unit is "broken" and that they have once again called the AC company and once more the AC company went out there. They did not even give me the chance to call the AC company myself. They told the AC company that I was a bad landlord and that I would not call them to get it fixed ! They told me they had a sick child they had to take to the doctor because it was so hot and they had pictures of the thermostat to prove it. Once more I called the AC company and told them NOT to go out there without calling me first. I am a loss as I feel I am being set up and they are trying to blame me for their child being sick because of the heat. I always acted as fast as I could to accommodate them but if they are in cahoots with the AC company I don't know what I can do ....of course they are using it as an excuse not to pay rent. How can I make the AC company stop running out there every time they call? 

[Account Closed]

Agree you need to check what your lease says about repairs, and you need to see if the state law requires you to fix the A/C, and what a reasonable time frame to do repairs is.  If it's a habitability issue, you still usually have at least a few days, if not 10 days, from what I've seen of different state habitability laws.

And if it's not a requirement under state habitability laws, normally the landlord can have even a month to take care of something.

Then, you might want to print out that law and provide it to the tenant when you talk to them about following your procedures.

Then, depending on the above, your next step is to put in writing exactly what the tenant is supposed to do if they need a repair done.  

Then, you need to write to the A/C company and tell them that you communicated on such and such a date to whomever it was, that they were absolutely not to do any work without your personal authorization, and since they did not honor that, you are not paying that bill. And if they decide to try and collect from you, you will be suing them and asking for punitive damages and your court costs, too.  

Be sure and make it clear to the tenant that you will not pay for any bills they generate on their own. That they absolutely must call you to take care of things, or the bill is theirs.

Then, you may want to offer them the "happy clause."  Which is, you tell them they don't seem to be happy in the unit, so if they want out of the lease, you're happy to let them out without penalty, as long as they leave the place clean and undamaged.

And follow that offer up in writing.  

Sometimes a tenant behaves this way when what they really want is to be let out of a lease.  But, they won't come straight out and tell you that.  Or they want a rent reduction.  If you just offer to let them out of the lease without penalty, it often takes the wind out of their angry sails.  They will check for available rentals and they may move.  But, in my experience, they usually stay and don't complain as much, believe it or not, once they know they can move whenever they want to.  Even after you hold firm on a rule.  I've had to do this several times.  "Nope, I can't let you do that, but if you're really unhappy here, I'll let you move out."

But, with this tenant, if they know they're supposed to call you first, and they aren't, you need to stop this bullying behavior.  So, when they start going on about a sick kid, you can say, "Well, it appears that following my lease is a problem for you, but I can't afford to let you call people directly and just send me the bills.  So, if you are not happy with the unit or the repair procedures you agreed to in the lease, maybe we ought to just terminate the lease.  You can move out without penalty, and you'll get your full deposit back as long as you leave the place clean and undamaged. I can even give it to you on your move-out day, if it passes inspection.  I'll be happy to put that in writing.  Why don't you think about it and let me know by next week."

I wouldn't let them suck me into anything about the sick kid.  The issue is how they handle needed repairs.  Regardless of the reason.  And if following your rules is not something they are willing to do they can pay the bills themselves, or move out.

And as far as how you approach them, you can be amiable, but with a firm message.  "I know you're worried about your sick kid, and I'm really sorry your kid is sick.  But, I am not made of money.  It would be great if I could afford to let you call people to do whatever you want and just send me the bill.  But, I can't.  So, I'm afraid that if you call people to do work directly from now on you will have to pay those bills.  And if that's not going to work for you, then I will work with you so you can move out as soon as you find another place."

The message is that you are not going to let them bully you.  And giving them an "out" should take most if not all of the wind out of their bullying.

At least, this has worked for me.