What would you do in this awkward landlording situation?

[Gwen Fyfe]

I rented out one of my properties a couple months ago. I vaguely remember that I thought there was central air in this one because I had glanced at the thermostat and it had a "cool" option (yeah, they all start to blend together) and that I mentioned this on a couple of the tours.

I must have mentioned it when the people who became my tenants took the place, because I just got a text saying the central air isn't working. (It's very hot in Cleveland right now.) Thinking about it now, I don't think that house actually does have central air. I think it just has a thermostat with a "cool" option. D'oh.

Tenant's text says "we're paying for central air" which isn't really true, they're paying a pretty reasonable rent for the area. I also checked their lease and AC isn't listed as something I provide on it. But I don't want to be a jerk. And they're generally good tenants.

What would you do?

[Greg M.]

You promised them X, Y, & Z for your requested amount of rent. They paid that requested amount for rent and you only delivered X & Y. Seems pretty clear cut.

It wasn't a misunderstanding, it was a mistake on your part and as the party who made the mistake, you need to rectify it. Be honest with them and explain what happened. Offer them a rent reduction for the hot months and see if they are reasonable. If they aren't, offer to let them break the lease and consider covering some of their moving expenses.

Ask yourself what would a judge/jury think if they took you to court? Would they think it was just an honest mistake and the tenants should have known better and should just suck it up or would they think you promised something and didn't deliver? The fact that AC isn't listed in the written contract is meaningless. You stated it had AC and based on the thermostat on the wall, a reasonable person would believe the unit had AC.