Florida:Reimburse Hotel stay for Broken AC

Fort Lauderdale, Florida
General Landlording & Rental Properties
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Florida:Reimburse Hotel stay for Broken AC

Himateja Madala
91377 · Member since 2019 · 21 posts · 4 votes

I had a situation where AC stopped working in one of my rental unit. The unit was 1 year old and broke unexpectedly. I contacted the company and they came out to look into the issue and said some parts were missing. The unit was new and hence under warranty, i could not call any other company because that would void my warranty for the life of the unit.

HVAC company ordered parts but because parts were out of stock we had to wait a bit and AC was fixed after 7 days.

Event reported:Monday

First Visit by HVAC company :Wednesday

Issue fixed: Next week Tuesday

Tenant moved into a hotel for those 8 days and now asking me to reimburse a bill of 1000$.

What is the landlord's responsibility. Is broken AC considered a emergency ? I believe the temperatures were 85 to 90 during the time.This was just before Hurricane Ian.

I didn't provide any written approval that they could stay in a hotel. I told them they could use some fans.

Also i made my best effort to fix the issue at the earliest.Pls advice

Lease mandates tenant have liability insurance but i believe tenant doesn't have renters insurance.

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y

Quote from @Himateja Madala:

I disagree with Bjorn. 

Unless the state law requires you to compensate the Tenant, you have no obligation. It's not your fault the A/C broke and you fixed it as quickly as you could. The Tenant can only withhold rent if you fail to repair. Even then, they have to follow a process of giving notice and allowing you time to repair, just like you have to follow rules if you want to evict.

https://www.rentce.com/does-a-....

The house was still fully functional, so you don't owe them for loss of refrigerator, bathroom, or yard. They could have talked to you before running to a motel. They could have rented a couple window A/C units. There's no reason for you to compensate them $1,000 for a week without A/C.

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  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    4y

    The landlord is responsible for tenant's comfort. Keep the receipt and use it as a deduction. They could have charged meals too. So the hotel bill is reasonable. Sorry.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    Quote from @Himateja Madala:

    I disagree with Bjorn. 

    Unless the state law requires you to compensate the Tenant, you have no obligation. It's not your fault the A/C broke and you fixed it as quickly as you could. The Tenant can only withhold rent if you fail to repair. Even then, they have to follow a process of giving notice and allowing you time to repair, just like you have to follow rules if you want to evict.

    https://www.rentce.com/does-a-....

    The house was still fully functional, so you don't owe them for loss of refrigerator, bathroom, or yard. They could have talked to you before running to a motel. They could have rented a couple window A/C units. There's no reason for you to compensate them $1,000 for a week without A/C.

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  • Ray Hage
    Investor · Fort Lauderdale, FL · Member since 2020 · 1k+ posts · 755 votes
    4y

    I agree with Nathan on this one. I am also a landlord and have had similar issues with AC's breaking down in the past. As long as you can show you made a real effort to get the problem resolved quickly, you don't owe your tenant 1000. I understand that it is uncomfortable to be in a house without AC. If your tenant is going to without rent because of that, you're going to have to make a tough decision. Real Estate is fun...but not always!

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  • Malkia Ra
    Rental Property Investor · Prince George's County, MD · Member since 2022 · 177 posts · 187 votes
    4y
    Quote from @Nathan Gesner:

    Quote from @Himateja Madala:

    I disagree with Bjorn. 

    Unless the state law requires you to compensate the Tenant, you have no obligation. It's not your fault the A/C broke and you fixed it as quickly as you could. The Tenant can only withhold rent if you fail to repair. Even then, they have to follow a process of giving notice and allowing you time to repair, just like you have to follow rules if you want to evict.

    https://www.rentce.com/does-a-....

    The house was still fully functional, so you don't owe them for loss of refrigerator, bathroom, or yard. They could have talked to you before running to a motel. They could have rented a couple window A/C units. There's no reason for you to compensate them $1,000 for a week without A/C.


    Correct, completely agree!  Not to mention, this is why renter's insurance should be mandatory and verified before the lease is signed.

    If during the rental period they cancel their insurance, that's on them, not you.

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  • Himateja Madala
    OP
    91377 · Member since 2019 · 21 posts · 4 votes
    4y

    Tenant actually didnt ask me for reimbursement. He directly deducted it from the rent next month.Is it legal to just deduct the expenses from the month's rent?

    If as a landlord i am supposed to provide alternate accomodation i will do it. But i put my best effort given the situation and even if it was my house i would do the same.

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  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    4y

    If the tenant had owned a home and the AC went out, would they have paid to go to a hotel or would they have toughed it out? 

    85-90 is uncomfortable. I suspect if they thought they were paying the bill, they'd have bought a couple of fans and toughed it out. 

    1Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    4y
    Quote from @Himateja Madala:

    Tenant actually didnt ask me for reimbursement. He directly deducted it from the rent next month.Is it legal to just deduct the expenses from the month's rent?

    If as a landlord i am supposed to provide alternate accomodation i will do it. But i put my best effort given the situation and even if it was my house i would do the same.


     AC is not a required accommodation in Florida. Send him a notice of late rent with an offer to waive the late fee if paid within 3 days. 

    1Reply
  • Donald Rogers
    Member since 2022 · 2 posts · 0 votes
    4y

    Ok.  So I've read the other responses to this conundrum.  

    In my opinion, you should reimburse the tenant or in this case just accept their prorated rent payment.  Of course, make sure you get a receipt and write it off. This sounds like the right thing to do and I always try to err on the side of doing the right thing.  Definitely make sure the tenant understands that any future unilateral decision will not be reimbursed.  

    In California, tenants are allowed to use up to one month's rent twice a year in order to replace and repair that which the landlord fails to take care of.  Check your local laws for what a tenant is allowed to do.

    Lastly, I do not believe renters insurance would have proved useful in this situation as inconveniences aren't covered by insurers.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Himateja Madala:

    Tenant actually didnt ask me for reimbursement. He directly deducted it from the rent next month.Is it legal to just deduct the expenses from the month's rent?

    That is completely wrong. They have no legal right to withhold rent. By allowing it, you are essentially telling the tenant that they get to decide when they pay rent and when they don't. I think it's a mistake to give them that kind of power, particularly when you did everything right by repairing the AC as quickly as possible.

    if it were me, I would serve them a notice of termination for non-payment of rent and only relinquish if they paid what was owed. If they refuse to pay, I would terminate their lease and start the eviction if they refuse to leave. 

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  • Mike Dymski
    Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
    4y

    I have a window unit for situations like this.

    I later used that window unit for a live in flip.  Never slept better with the white noise and cold air.

    1Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Quote from @Donald Rogers:

    In California, tenants are allowed to use up to one month's rent twice a year in order to replace and repair that which the landlord fails to take care of. 

    The OP did not 'fail to take care of' the situation. And this is not in California (fortunately).

    I agree with Nathan - inform them - nicely - that they were wrong and that they do not have the legal right to withhold rent. Then start eviction if they do not pay what they owe you....

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