Landlord/ Tenant dispute

[Shilpa P.]

Hello, I need your help or pointers to move in the right direction. My tenant is moving out and couple of relatively major issues have been noted. 

1) lot of condensation on one window which the tenant has never disclosed. When asked said he didn't know as they had a curtain. Landlord lived at the property for over a decade and never had such a situation. 

2) A/C likely not functioning. When asked said they have had no problems.

Online research states condensation is tenants liability. 

Both cases issues were not bought to landlords attention prior to inspection to give tenant a benefit of doubt.

Please suggest who needs to bear the cost as window replamemt might be an expensive cost.

Landlord is trying to sell the property and feels condensation issue if reported at early stage, could have been taken care of by proper re-seal or tradesmen advice.

Given advance notice on A/C situation, issue would have been fixed rather than showing up in inspection reports.

[Thomas S.]

How long were they tenants and how often did you do inspections.

It is not practical to rely on tenants reporting issues and falls on the landlord to be aware of and regularly inspecting a property for issues.

Never rely on tenants.

Court will not support your claims as issues were not likely caused by tenant. Any problems resulting from the issues due to time are the landlords responsibility for not having done regular inspections of property. Quarterly inspections should be carried out by landlords.