Can a landlord require tenants to pay for AC repair which needed to be done because they didn’t change the filter regularly?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord require tenants to pay for AC repair which needed to be done because they didn’t change the filter regularly?
My tenants reported that the A/C was slowly giving out a few days ago and I called the contractor out who concluded it was a maintenance issue and not broken A/C, so they wouldn’t cover the cost. The service repair man said this was a typical problem for when the air filter is not regularly changed and the dirt travels and affects the performance. The tenants pretty much admitted they’ve never changed it (1year since last service) but when they moved it I explained to them how to do the filter change and left few extras. Can I legally charge them for the repair?
Asked on June 30, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, you cannot charge them. Tenants are not obligated to perform maintenance for the landlord unless and only to the extent that the lease specifically obligated them to do so. Otherwise, it your responsibility to change the filter, and you would have been legally be entitled to access their unit (on proper--usually 24 hours or more--notice) for the purpose of inspecting and changing it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.