What to do about an A/C unit that may need repair?

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What to do about an A/C unit that may need repair?

I own a townhouse where most rentals do not have an A/C unit. My house currently does but I do not want to pay for repairs in the future; I would rather not provide it as part of the rental. However, since the unit is working now and I am sure tenants would appreciate it, could I provide it with a clause that all maintenance, repairs and replacement are the responsibility of the tenant? I would maintain all appliances required to make the townhouse livable, such as the heating, hot water heater and kitchen appliances.

Asked on January 13, 2013 under Real Estate Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

 

You could provide a clause that required the tenant to repair and maintenance the A/C unit. Your agreement should also spell out what is considered proper maintenance so that there are no misunderstandings regarding what is required of the tenant.

 

Requiring the tenant to make such a limited repair is permissible under the laws in Colorado. However, as a word of caution, if a court determines that your lease, as written, is unconscionable, then you would be required to repair the A/C unit. Even though it will cost you a little bit on the front end, you should have an attorney draft or look over your lease agreement to insure that the wording will uphold a review by the courts. A proactive, well written lease (that you can use over and over) will save you move in the long run than it cost to draft.

 


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