Landscaping Negligence caused AC to go out

[Alex LaBelle]

I recently had our tenant notify us that the AC was not working at the property. We promptly sent out a technician who determined that the AC went out as the shrubbery had grown to a negligent level around the condenser, causing it to overheat and the freon line to rupture. The means charges for replacing the line, all the units freon, etc. We have several pictures demonstrating that the condition of the foliage is clearly encroaching the unit and is clear negligence on the tenant to maintain the landscaping which resulted in the unit overheating.

Lease states that the tenant is responsible maintaining the yard. This includes moving, fertilizing, and trimming the yard as well as removing debris per the lease.

Going forward we will certainly:

1. Add this as an item to check during our regular inspection routine

2. Vengefully rip out the said foliage so this can't happen again

All that being said, tenant is leaving in several months. We would like to charge them for the repairs ($1200) as negligence to maintain the yard. Property is in Texas. 

Any thoughts either way from the BP experts?

[Nathan Gesner]

Dear Tenant,

After speaking with the technician, it was clear the condenser was damaged because you failed to maintain the landscaping per Paragraph XX of the Lease Agreement. When damages are caused by abuse or neglect of the tenant, the cost of repairs becomes your responsibility. Therefore, I've attached a copy of the invoice and expect payment within 30 days. If you have any questions, please let me know.

That's it. Short, professional, factual. If they claim they can't afford it, you may consider letting them make payments over a 90-day period but I wouldn't stretch it beyond that. 

You do have their security deposit but do not use it or tell them you will use it! The deposit is your leverage to ensure they pay last month's rent and leave the place clean. If you dedicate it to repairing the A/C then you lose your leverage.