How do I handle a tenant with a dog that peed on HVAC? Late rent?

Question

So we inherited tenants from the previous owner and now have to get the HVAC unit replaced because the dogs piss left a whole in the outside unit, causing Freon to leak out. This has prevented the unit from being replaced due to significant damage. Its an older unit so we decided to get a quote from a company and they came back with the cost being around 5K to replace. Prior to this we had two more companies assess the unit and stated that the significant damage to the unit was caused by the owners dogs. After getting that info we decided to spilt the repair cost with the tenant, 3000 for the tenant and 2000 for us due to the unit being a little older. She said she wouldn't be able to pay that right now, so we offered to come to 2.5k and are open to payments. How would you pursue this situation and what different options are there to try to get as much of the money for the cost of repairs back, so its not fully out of pocket? On top of that she only paid half of the current months rent and not the utilities, stating she would get the rest to us by the 15th. I am based out of Waco, Texas and was wondering the rules on that situation and the process for eviction if it comes to it.

Nathan Gesner · Answer

I will occasionally accept a payment plan, but it is scheduled, has a definitive end date, and the longest I've carried one is six months. I'll typically try to keep it under 90 days. Get it in writing, signed by all parties, and have consequences for failing to abide (late fees, termination of the agreement and demand in full immediately, etc.)

Another option? Tell them to take out a personal loan through their bank so you're paid immediately.

I'm not sure I understand who caused the damage. You claim "significant damage to the unit was caused by the owners dog" but then you're charging the Tenant, so I'm assuming you mean the Tenant's dog caused the damage. Is that right?

Caveat emptor = Buyer beware. It is your responsibility as the Buyer to inspect what you intend to buy. If you find problems during the inspection phase, that is your opportunity to negotiate repair or replacement, lower the purchase price, etc. You didn't catch this during the inspection phase and now you're expecting the Tenant to pay for it. I'm not telling you to stop; I'm just pointing out that you should be fortunate to get anything because I don't think your case would stand up in court.

Scott Mac · Answer

Hi Hunter,

HUD says an HVAC Condenser has a service life of 15 years.

https://www.hud.gov/sites/documents/EUL_FOR_CNA_E_TOOL.PDF

How I calculate it:

15 (minus) Age of old unit = years of service left (if a negative number it is zero).

(Years of service left)/15 = X%

Cost to replace and put back into service (times) X% = renters portion.

For age:

Check the upper-right hand corner of the nameplate for the unit's manufacture date. If the manufacture date is not visible on the condenser, look at the brand, model and serial number on the plate, which might help to determine the age of the unit.

For collection:

This person can't make rent, and you think you will collect blood from a stone--that might be a real hard debt to collect in Texas if she doesn't pay.

For future prevention:

A fence needs to be 2 to 4 foot away from the unit with a gate (for service) to keep Ole' Yeller from doing his business there.

https://www.google.com/search?q=Ole%27+Yeller&rlz=1C1CHBD_enUS751US751&sourceid=chrome&ie=UTF-8

https://www.homedepot.com/p/Enclo-Privacy-Screens-Liberty-Lattice-3-5-ft-x-3-ft-White-Vinyl-AC-Screen-Fence-Panel-ZP19052/315240907

Good Luck!

Andrew B. · Answer

From the limited info I have, it looks like this will only get worse. If she has trouble paying rent, she wont be able to pay $2.5k. I think your best solution is to tell the tenant you will waive the cost of the AC if she moves out ASAP. Then you can clean up and get someone in the unit who can pay market rates (im assuming this person is below market). The increase in rent will probably cover the $2.5k in less than one year.

How do I handle a tenant with a dog that peed on HVAC? Late rent?

How do I handle a tenant with a dog that peed on HVAC? Late rent?

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