Is landlord required to upgrade central AC system?

Question

Two weeks after moving into the house in L.A., my tenant started complaining the central AC system is "inadequate". I have a 3-ton AC unit on a 2,300 sq ft house. I used to live in the house, and I thought the AC system was fine. My tenant is complaining the house is too hot and that he hasn't had one comfortable day since he moved in (he is a heavy set man... very heavy). Personally I think his weight has to do with him being hot all the time, but I'm not in the position to tell him that. He lives alone in the house and keeps the AC running 24/7 with the thermostat set on auto at 75 degrees. My AC system finally conked out on him, so now I have to repair the blower. He says fixing the blower will not solve the problem because a 3-ton AC unit is "inadequate". I think he wants a 4-ton or 5-ton unit ugrade which will cost me about $4,000 to install. If my 3-ton AC unit is in good working condition, am I required by law to upgrade my AC system to the bigger unit that he wants?

Answer 1

If he's fat, then there is the problem.  Very few "large" people are comfortable unless it's freezing.

If the AC conked out at 75 degrees, it's not him, it's your unit.  An AC system should run at that temp with absolutely no problem.

You are not required by law to upgrade it (and technically, not provide it at all....heat is what is required unless you live in a tropical climate area such as southern Florida, etc), but I would guess it was ready to go to start with.

I would replace it on this condition, to help you and him out:

Tell him you will replace it IF he signs an addendum to the lease giving you the right to come in once a month, on or around the 15th, to change the air filters.

If the air filters are not changed, then that is another reason why it conked out.

Also, check the apartment to make sure that all vents are open fully and that the ceiling fan (IF there is one) is setto blow the air DOWN. ....most people don't even know the fans work in both directions.

PS:  You don't need to seek 2 or 3 estimates to get it fixed unless you want to.  You absolutely are not required to do that to fix your own property.

Answer 2

Tell him that you are extremely sorry he thinks the AC system is inadequate, tell him that you found it to be quite acceptablewhile you lived there,  and ask him if he wants to terminate the lease.

You are required to keep EXISTING amenities working- if it worked when they rented itm you gotta keep it working or buy a similar replacement.

Upgrades are not a legal requirement.

Answer 3

If an HVAC professional considers the 3 ton adequate, then your tenant will just have to live with it.

Unless your tenant is a licensed HVAC tech, then he has no standing to tell you what will or wont solve the problem or what is adequate.

You are required to keep all systems provided maintained and in working order.

You are not required to upgrade to a bigger system just because the tenant thinks you do.

Answer 4

excuse me but AC experts are there to

both repair and advise.  I have no idea

but if an AC man said the unit was too small,

I would seek 2-3 other opinions and then

get insurance to cover most of the cost.

IF the AC people say the size is fine,

you have no problem.

I presume the heavy man is

paying for the electricity. If so, you

have nothing to complain about.

AC systems are designed to run

indefinitely.

and excuse me but the AC system will

not run 24/7 unless your home is in the

middle of the desert.....and that will

only be for x months. it is cool between

OCT and April.

Answer 5

Hi,

Not to be too funny here, but it sounds like he needs to remove his one ton unit!  Really I don't believe that you need to upgrade just to please him.  I'd replace the blower which was probably not functioning up to spec.  A new one should work just fine.  And yes, his weight is the real issue here.  One thing you could try is to get him to pay the difference from the unit you have to a larger unit.  For people of average weight your unit when working correctly should be good enough.  Also, check to see if the unit has the proper charge of cooling chemical.  Over time cooling systems lose their charge.  If it was one of my units, I'd just fix the unit that's there, and make sure the system was functioning correctly.

Answer 6

State and local law govern your situation.

You are required by law to keep the AC functioning. You are not required to increase its capacity. The AC was adequate for the home and the city approved the calculations for it before it was installed.

Tell your tenant that if he wants to boost the AC in any particular room, he can purchase a portable AC unit, and you will arrange for an exhaust port (through one of the windows).

It's on his dime, not yours.

BTW, if you upgrade, the new unit needs special plumbing because it will be 90+% efficient. These new units, while cooling the house, don't FEEL very cold. So, your upgrade might not make the man happy. I think the $400 portable unit would work well as a booster.