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All Forum Posts by: Alex LaBelle

Alex LaBelle has started 1 posts and replied 3 times.

Post: Landscaping Negligence caused AC to go out

Alex LaBellePosted
  • Investor
  • Houston, TX
  • Posts 7
  • Votes 0

I agree that i could have explained better the risks. However they have not maintained as per the lease which is clearly demonstrated in pictures. I’ll send a letter as suggested and work through it with them.

Post: Landscaping Negligence caused AC to go out

Alex LaBellePosted
  • Investor
  • Houston, TX
  • Posts 7
  • Votes 0

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?

Does anyone have any advice on how to properly timestamp the photos for cares like these? Is this a requirement to have the time and date in Texas,  and are there any other requirements for going to court?