Central AC broke - is this a health hazard to pets?

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Central AC broke - is this a health hazard to pets?

Sam Leon
Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes

Got a call today from a tenant about the central AC not cooling - the fan is on but not blowing cold air.

Tenant is in a 2/1 two people with two 50 pound dogs.

Tenant is inherited from my last purchase so still on a 2 page long, overly simplified lease they signed with the last owner. I seem to have more problems with inherited tenants because it's just more difficult to set expectations with existing tenants.

So the AC broke. I was first notified by text today, on a Sunday afternoon at 4pm, no one is available today - not the two HVAC services I have existing relationships with - the earliest I can arrange something would be tomorrow, plus, it's pouring rain outside.

I'll admit, it's hot out in South Florida now, weather.com says 80 degrees, it's 84 degrees inside their home as reflected by their AC thermostat. I told them to open their windows and I'll get someone out ASAP.

By 5:30pm I told them I have secured an appointment tomorrow at 10am but only if it's not pouring. The AC tech told me they can't work when it's pouring out.

By 6:15pm I got another call, saying they needed the AC fixed RIGHT NOW, because it's an "EMERGENCY", due to their dogs are sweating and could be a health hazard. Also, they think without the AC, they can't sleep tonight and hence cannot go to work tomorrow due to being too tired from lack of sleep, plus they have to eat out because they can't cook and risk warming the kitchen any further.  They wanted me to call a 24 hr AC repair service to have it fixed tonight.

I am not a pet owner so I wanted to ask those here who are. Is it true that the lack of AC could be a health hazard to these dogs? If they open their windows it would be 80 degrees - do dogs NEED AC in a dwelling with open windows? They have a fenced in backyard they can let the dogs out but they said it's pouring so it's bad for the dogs too...Is this a real issue or over dramatized?

I am not comfortable calling a 24 hour repair service I don't have any relationship with. Doesn't seem like a true emergency to me. Uncomfortable yes; Inconvenient yes; Emergency?

Their lease will end in July, I have been debating about renewing.  This may decide it for me.

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Mitchell L.
Residential Real Estate Broker · Dania, FL · Member since 2013 · 148 posts · 34 votes
11y

This is over dramatized IMO... 84 Degrees is nothing for a dog... Tell them to buy a fan and the dog will figure it out and sleep by the fan.. I'm sure the dog is smarter than the tenant..

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  • Mitchell L.
    Residential Real Estate Broker · Dania, FL · Member since 2013 · 148 posts · 34 votes
    11y

    This is over dramatized IMO... 84 Degrees is nothing for a dog... Tell them to buy a fan and the dog will figure it out and sleep by the fan.. I'm sure the dog is smarter than the tenant..

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  • Jeremy Gunn
    Property Manager · Leesburg, FL · Member since 2015 · 92 posts · 31 votes
    11y

    i agree it is almost unbearable with out AC in florida and do what we can to fix it asap. We do not consider it an emergency repair and will call a repair tech the next business day to repair.  i have never heard of a dog that cannot live outside of AC.   I would explain that it is not considered an emergency if they wanted it fixed tonight then they can call a 24 hr service and pay for the repair directly. If they provide a receipt you will get a quote from your ac tech and reimburse this for that amount.  They will have to foot the bill for the difference.  

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  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    11y

    First its not an emergency ,  not even close . Tell them plain and simple repair man is coming tomorrow deal with it  .  Dogs dont need AC at all ,they pant , if they are that hot tell the tenant to take the dog outside and squirt  them down with a hose .  ( I am a human , I work outside in 100 degree weather  it works for me)  

    I have never seen anything in landlord/tenant law that says a house has to be fit and cozy for a dog .   

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  • Michael Hicks
    Real Estate Investor · Rossville, GA · Member since 2014 · 218 posts · 96 votes
    11y

    Not an emergency and it's probably a bad compressor that has burnt up due to dirty coils, likely clogged with dog hair.  Just a guess but I bet it's spot on...

    On a side note, I keep a window unit on hand in case of situations like this.  I can run by and put it in until the tech gets there to make the repairs needed.  

    Good luck, Mike

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  • John HornerPro Member
    Flipper/Rehabber · Columbus, OH · Member since 2013 · 1k+ posts · 655 votes
    11y
    Originally posted by @Sam Leon:

    By 6:15pm I got another call, saying they needed the AC fixed RIGHT NOW, because it's an "EMERGENCY", due to their dogs are sweating and could be a health hazard. Also, they think without the AC, they can't sleep tonight and hence cannot go to work tomorrow due to being too tired from lack of sleep, plus they have to eat out because they can't cook and risk warming the kitchen any further.  They wanted me to call a 24 hr AC repair service to have it fixed tonight.

    I hope you're ready to pay for a day of lost wages and the T-bone and half a dozen Budweiser's they bought at the Outback Steakhouse down the street.  "We're eatin' fancy tonight kids, this bills on the landlord."

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  • Max T.
    Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    11y
    I like the idea above about popping in a window unit or two in the meantime. Also, dogs don't sweat. They have fur. They pant to expel heat from their bodies. Things break from time to time. Good landlords fix them promptly. Doesn't have to be emergency serviced immediately. If it was your home that you lived in would you call the emergency line or wait a day or two for your trusted sub?
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  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    11y
    Originally posted by @Max T.:

    I like the idea above about popping in a window unit or two in the meantime.

    Also, dogs don't sweat. They have fur. They pant to expel heat from their bodies.

    Things break from time to time. Good landlords fix them promptly. Doesn't have to be emergency serviced immediately. If it was your home that you lived in would you call the emergency line or wait a day or two for your trusted sub?

    My house , I am way too cheap to call the emergency line for A/C .  I have 5 window units just for those emergencies

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  • Randy E.
    Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes
    11y

    Another vote for "no emergency."  

    Many dogs live outdoors 24 hours a day, all over the country, including the south.  When I was a child, we had a Lab and later a German Shepard (both over 80 pounds) and neither came inside for heat during the summer.  Not even when it was over 100 degrees.  Both dogs lived over 10 years, so it doesn't seem their health suffered any for the hot days outside.

    Your tenants are greatly overreacting.  

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  • Shawn Thom
    Investor · McKinney, TX · Member since 2012 · 588 posts · 224 votes
    11y
    What does your lease say about repairs and emergencies? Texas trec lease spells it out which helps.
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  • Sam Leon
    OP
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    11y

    I had the AC service came by around 9:30AM this morning and by 10:15AM it's fixed.

    Turned out the outside compressor had a big hole in the copper pipe and all the refrigerant leaked out.  The hole was caused by an arc fault when one of the electrical conductor broke loose from the wire nut - hot and humid weather in Florida over the years the solid conductor got corroded.  So had to re-braze the line, then recharged freon.

    Incident reported 4pm on a Sunday and fixed Monday by 10:15am.

    I restated to them this is NOT an emergency, it's strange, the previous owner was a slumlord and didn't fix anything, now that I am fixing everything they turned into cry babies.

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  • Sam Leon
    OP
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    11y
    Originally posted by @Shawn Thom:

    What does your lease say about repairs and emergencies?

    Texas trec lease spells it out which helps.

    I use the standard Florida FAR/BAR residential lease.  It does delineate very clearly who is responsible for what.

    However, it does not define what "EMERGENCY" means.  To me it means something safety related or can cause additional damages if not acted upon immediately.

    But if Texas has a definition for what Emergency means I would be very interested to read up on it.

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  • Account Closed
    San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    11y

    I consider an emergency to be something that renders a unit uninhabitable according to state law.  

    I found this article on Florida law by the bar association, and it says that before a tenant can withhold rent for a place being uninhabitable, they have to first give the landlord 7 days written notice so the landlord has time to fix it.  So, nope, you don't have to fix something immediately, even if it's a habitability problem.

    http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6...

    There are no laws that say you have to provide any kind of accommodations for an animal.  And if the humans aren't dying, the dogs won't be either.  Sheesh.  

    The way they were acting, it's like they were trying to set it up so you'd have to give them money for hotels, restaurants, etc.  At minimum, the drama was completely unreasonable.  If you think it won't be hard to find a better tenant, I'd be giving these guys the proper notice so you can say goodbye to them in July.

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  • Wayne Smith
    Investor · Houston, TX · Member since 2015 · 59 posts · 17 votes
    11y

    I have been told if the heat is life threatening then it is an emergency to fix the ac.  My lease states "In most cases, an a/c repair is not considered an emergency."  I actually went to court with this tenant and she brought up the fact that I did not fix the a/c in a timely manner.  My response was that she did not provide me with written notice about the a/c repair and she owed me rent, and according to the lease (which was written up by her real estate agent), I didn't have to repair it until she paid rent.  Judge looked at my lease and told her I wasn't responsible to fix a/c until.

    1Reply
  • Account Closed
    round rock, TX · Member since 2015 · 1 post · 0 votes
    11y

    When the temperature and humidity  rise, it becomes crucial to keep our pets comfortable and safe. Animals cool themselves by panting, a process of exchanging warm air from their lungs for the cooler air outside. This cannot happen when it is hot and humid, which leads to increased risk for heat stress and exhaustion. Leaving the air circulating with fans or, better yet, leaving the Air Conditioning on will help to keep pets cool and healthy. Thermostats should ideally be set at 78-80 degrees, an appropriate comfort level for most pets. Basements are typically cooler than the rest of the house, so if your basement is a comfortable place for your pet to be, having them spend time down there during a heat wave is also an option. Pets should also always have access to fresh water, as they can get dehydrated.

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