Hello BP community,
I am currently renting a home to a family that has been in my unit for about 3 months. Since they've moved in there's been numerous complaints about the A/C not cooling to the desired temp and maintaining the temp. Each time I've addressed the issues by calling an A/C company to come out and check/fix the problem. (The tenant wants A/C to reach 65-68 in the home.) Multiple times it has reached the desired temp but struggled to maintain due to various reasons which have been addressed (+its been 100 degrees outside for the past 3 weeks). After the most recent A/C repair, the home reaches 65-68 consistently but now the tenant is complaining that, although the house is reaching 65-68, the master bedroom and office are not getting to that temp.
Nowhere in the lease does it state that the temp must reach 65-68. but I have an e-mail response to the tenant before they moved in where they asked, "due to wife's medical condition, temp needs to be kept around 65-68, will A/C be sufficient to accommodate this?" To which I replied, "Yes the AC works fine." **Before move-in I had an A/C company verify the unit is fully functional and problems started to happen after they began utilizing the system to maximum capacity.
To "fix" the issue of room temp A/C company said would cost thousands per room to tear into the wall to check the ductwork. To me, this is not an option because the room is just a few degrees warmer than the thermostat. Instead, I offered to install a mini-split in the bedroom and a ceiling fan in the office.
They are insisting they would rather be released from the lease without penalty and it wouldn't be "fair" to have to break the lease to the terms. (Penalty for breaking lease is 60 days notice + additional 2 months rent fee)
I've done everything in my power to accommodate the tenant and diligently had professionals come out each and every time in a timely manner to address the A/C issues, and even offered to add mini-split and ceiling fan but they would still rather me break the lease without penalty.
My theory: They regret renting a 3000sq ft home with high ceilings where the A/C is kept at 65 all day and night in 100-degree weather and got their first couple of electric bills and want to find a way to get out of the 1-year lease without penalties.
1. Based on my actions and my proposal to fix A/C issues, am I legally good to stand my ground and make them abide by the terms of the lease?
2. Am I even legally obligated to accommodate a mini-split and ceiling fan to the 2 rooms although the house as a whole is reaching the desired temp?
Thanks for any/all advice.
