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Updated over 1 year ago on . Most recent reply
![Ananth ArianaHegde's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/2804409/1694928967-avatar-anantha1.jpg?twic=v1/output=image/cover=128x128&v=2)
Tenant keeps breaking things
I have a tenant that seems to have a knack for breaking things. Ever-since he moved, he has been calling me every month sometimes multiple times to complain on broken things. I recently had to replace the HVAC system coasting me 10K, today he send me an email claiming that the other system is also non-functional and that he tried to get it fixed himself but to no avail. When I handed him over the property, the house was working in great condition. Given the temperatures are peaking to 100+ here in Dallas region, I am not sure what my options are? I am financially very stressed right now and don't necessarily have the cash to spend money on another unit. But I don't know what the legal implications are if I don't fix it right away. I don't have any home warranty ( biggest mistake of my life) and need some advice on how long can I wait and what options to I have to get this right and give him a message that he cannot be doing this over and over again.
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![Richard F.'s profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/49/1621345278-avatar-beachbum.jpg?twic=v1/output=image/cover=128x128&v=2)
"Breaking" implies intentional or accidental physical damage, or using an item inappropriately, or for a purpose other than designed. If something is "non-functional", that can easily be due to age, lack of proper preventative maintenance, power surges or brownouts, deterioration from the elements, and other typical failures.
Dependent on local law and your Rental Agreement, Tenants are not typically responsible for failures beyond their control, but are responsible for intentional damage and possibly misuse (this will vary depending on local Court standards). You should already know what local LL/Tenant laws require in terms of the amount of time allowed to initiate repairs, and the potential penalty for not doing so.