Does landlord need to pay for hotel if AC is out?

Question

Hi,

AC unit in Florida rental is out, insurance/repairs is going to take few days, temperature is in the mid to high 80 range, tenant want to move to hotel, is landlord liable to pay for hotel stay?

Greg M. · Answer

Ignoring the legal issues which will greatly vary based on your area. If the tenants owned the home, would they spend the money on a hotel if the A/C went out for a couple of days in mid-80s heat? Highly doubtful. Therefore, I wouldn't pay.

Things break. It's your job to get them fixed as soon as reasonably possible. This isn't no hot water for a week. This is slightly uncomfortable heat for a couple of days. Tell them to suck it up.

Greg M. · Answer

Too late now, but when you do this you condition the tenants to expect/ask for discounts whenever anything goes wrong. Now when the sewer line clogs or the pool turns green, they'll be there asking/expecting a discount. It's much better to condition the tenant that things happen, but you will fix them ASAP. However, tenants need to understand that things take time. It's very difficult to get tradesmen out the same day.

Nathan Gesner · Answer

This is a common question among Landlords. What do you owe the tenant when the A/C goes out, the fridge dies and the tenant loses their fresh supply of Alaskan crab and filet mignon, or the water heater goes out and they can't shower?

Even when you do everything right, things break. Your responsibility is to maintain the home to the best of your ability. When A/C goes out, you do what you can to get it fixed/replaced in a timely manner. You don't have to stay on the phone 12 hours a day to get it fixed immediately. You don't have to apologize profusely or put them up in a hotel or pay $600 for the food they lost or whatever. Do the same thing you would do with your family. Put on your big-boy pants and suck it up while trying to fix the problem as quickly as possible. If the water heater goes out and your family has to shower at the gym or a friend's house, then your tenant can do the same.

Here's another way to look at it. If rent is $2,000 a month, the daily prorated rent is about $67. If A/C is out for five days, that's only $335 in prorated rent. But wait! The A/C is only a small portion of the home's function, so you wouldn't compensate them for loss of hot water, roof, back yard, garage, or other features when everything is functional except the A/C. So the real cost of losing A/C is probably somewhere around $5 per day.

Your mortgage company doesn't give you a break on your personal home. Airlines don't reimburse you when weather prevents your flight from taking off. Don't apologize for something that's beyond your control and don't give away the farm for an inconvenience.

John Thedford · Answer

No. Under Florida law heat is required but AC is not. Now, a little more in depth: because you furnished a cooled unit you are required to continue to provide cooling. However, if the unit is broken and you have it scheduled to be fixed, in the meantime they must go without it. NOT LEGAL ADVICE> THIS IS MY OPINION ONLY AND I WOULD DO THE SAME-SORRY--WE ARE GETTING IT FIXED. THAT IS ALL.............

Gail K. · Answer

We carry some extra window units should and HVAC unit go out and it will take several days to fix. I offer to place these in the tenants bedroom to make sleeping at night easier. These 5000 BTU units aren't to hard to haul around even for an old lady like myself.

I do explain to the tenant what the issue is; often it's a part that has to be ordered...or HVAC repair companies that are over whelmed by the number of calls they are currently handling (because, of course, the air only goes out during a hot spell when every one seems to be having problems with their units). These things are out of my control but I'd like to offer you a window shaker to make it easier for you at night.

Gail

Theresa Harris · Answer

I'd offer them a portable unit.

Scott M. · Answer

Prorate rent and offer a window AC or two. When done, put them in storage for the next unit / time it happens. The 80 Degree range is not extraordinarily hot for your area so I do not think I would offer a hotel unless there are other extenuating circumstances.

Sue Chen · Answer

Thanks @Reid Chauvin, @Greg M. and @Theresa Harris for your input, that's what I thought too, the house have ceiling fans, it is not inhabitable, maybe some discomfort, I offered $400 debit.

Steve Jackson · Answer

@Sue Chen No you are not. Believe it or not AC is not even required in FL but heat is. Go figure!

Henry T. · Answer

Get a new tenant.

Does landlord need to pay for hotel if AC is out?

Does landlord need to pay for hotel if AC is out?

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