Can tenant take central AC unit paid for by tenant
Member since 2019 · 9 posts · 4 votes
Can tenant take central AC unit paid for by tenant
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Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
5yHer brother in law already owned it when she installed the AC unit. If she was a rent paying tenant she should have told her Florida landlord brother in law the AC was broken. If it’s like Las Vegas they would have had a certain number of days to fix it and pay for the repair. Btu done is done. You can’t take a replaced window or repaired roof either.
Hopefully she paid $6,000 less than market rent over all the months she lived there since her parents passed away and she’s still ahead/breaking even.
25 Replies
- Investor · Durham, NC · Member since 2020 · 1k+ posts · 691 votes5y
I'd consult with an attorney in that market. Sorry I'm not familiar with the local laws. But I'd say if she paid for it, she should be able to take it. However, she should consult with an attorney to be safe.
- Deland, FL · Member since 2017 · 2k+ posts · 1k+ votes5y
$6000 I would definitely spend a few hundred and talk to an Atty
total guess would be no she can’t take itWhat does the lease say?
- Member since 2020 · 984 posts · 1k+ votes5y
Nobody can remove a major item that is attached or fixed to the property in a permanent manner. Suppose, a tenant installed a water heater, furnace, dishwasher and a bathtub. Can the tenant remove all these items just because he (or she) paid for them. Of course not!
When a tenant changes a ceiling light to a ceiling fan then I see no reason why the tenant can't remove the ceiling fan and replace it with the old light, or a new light similar to the old one. The air conditioner is now permanently attached to the property and if the tenant wants to take the unit then the least the tenant will be liable for is the tenant will have to install another unit.
If the brother-in-law did not have a contractual agreement to pay for the unit then the brother-in-law is not obligated to pay for it. The tenant has to leave the air conditioner intact.
- Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes5y
Her brother in law already owned it when she installed the AC unit. If she was a rent paying tenant she should have told her Florida landlord brother in law the AC was broken. If it’s like Las Vegas they would have had a certain number of days to fix it and pay for the repair. Btu done is done. You can’t take a replaced window or repaired roof either.
Hopefully she paid $6,000 less than market rent over all the months she lived there since her parents passed away and she’s still ahead/breaking even.
- Member since 2019 · 9 posts · 4 votes5y
Originally posted by @Michael Plante:
$6000 I would definitely spend a few hundred and talk to an Atty
total guess would be no she can’t take itWhat does the lease say?
There was no lease. The house was given to the sister in the will with the verbal agreement that my mother in law could live there for the remainder of her life. Unfortunately none of that was in writing and the sister unexpectedly passed away. The brother in law was fine with the arrangements until recently.
My wife and I handle all of her finances and this has been a headache from the beginning to say the least. I am familiar with Louisiana laws. Florida is uncharted territories for me.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes5y
I assume there's no written agreement, so it's probably his because he owns the house. It's not very nice of him to evict her and expect her to give up a $6,000 unit. I guess she can take it and see what happens or sue him and see what happens. I don't think either one is going to work out in her favor.
The DIY Landlord Book4.7247 Reviews - Rental Property Investor · Phoenix, AZ · Member since 2016 · 553 posts · 314 votes5y
Generally speaking FFE becomes part of the property, not the leasehold.
This is important for people in the commercial business that are dealing with things like kitchens. - 5yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Why did she pay to install a new one? He should have fixed it when she told him it broke. I'd check with a lawyer. She can also start by asking the brother in law to pay for it.
- Member since 2020 · 984 posts · 1k+ votes5y
While she may not be able to take the AC system legally there are several issues to consider e.g. it may be difficult stopping her from taking major pieces of the system, or destroying it by smashing and bending everything.
A good AC system is critical in Florida and I would like to hear more-complete details from both sides. Did she notify the brother-in-law that her AC was broke and did he offer or refuse to pay for the system since he is the property owner and most-likely it is his responsibility to repair or replace the system. You can't put blame on the tenant in regards to whether the tenant repaired or replaced the system since the owner may have left that choice up to her. Since some AC refrigerants are now illegal to use it is absolutely necessary to replace entire systems.
It the tenant paid $6,000 to install the furnace only a few months ago then the tenant may have a chance of suing the owner to recover her money and if a court favors the tenant then the owner is wrong and should have done what was right before it went to court.
I've owned rental properties for more than 50 years and there has been a few times that tenants did repairs without my knowledge and then sent me the bill. Of course, I sometimes get excited for not being told and because the tenant paid two times what I could get the work done for. I also know that if the tenant takes me to court I will most-likely lose and will have to pay the high price the tenant paid.
One of the biggest issues I questions is the owner's morals even if the tenant did not give the owner an advance notice. The owner should not snicker and walk away with a free AC system if the system was broke and regardless of whether or not it could have been repaired. Now, the owner has a new system that should last no less than 40 years and why should he earn a larger profit because the tenant used her good faith and hard-earned money to pay for the system even when she was not the property owner.
$6,000 is a very reasonable price for a complete AC system changeout. The least the owner should offer to pay the tenant for the system is $4500. I don't know the whole story, but it looks like the tenant should take the owner to court and I will bet she wins.
For this situation the owner should be honest within himself, do what is right, sit down with the tenant and discuss everything without badgering to tenant so he can come out of this smelling like a rose and walking away with something he should have paid for in the first place.
- Investor · Chicago, IL · Member since 2009 · 1k+ posts · 1k+ votes5y
I've seen different advice on this thread. I know for commercial real estate, my local laws would allow the tenant to remove the device that they installed. You'll have to consult a local real estate attorney.
The tenant is being evicted, so obviously they do not want to give it to the landlord. If it was the tenant's choice to install that AC unit with no agreement with the landlord, then the landlord has no responsibility to reimburse. Unfortunately, the removal of the AC unit will not create much value for your mother in law. The 2nd hand market for AC condensers is limited.
- Member since 2019 · 9 posts · 4 votes5y
Originally posted by @Account Closed:
While she may not be able to take the AC system legally there are several issues to consider e.g. it may be difficult stopping her from taking major pieces of the system, or destroying it by smashing and bending everything.
A good AC system is critical in Florida and I would like to hear more-complete details from both sides. Did she notify the brother-in-law that her AC was broke and did he offer or refuse to pay for the system since he is the property owner and most-likely it is his responsibility to repair or replace the system. You can't put blame on the tenant in regards to whether the tenant repaired or replaced the system since the owner may have left that choice up to her. Since some AC refrigerants are now illegal to use it is absolutely necessary to replace entire systems.
It the tenant paid $6,000 to install the furnace only a few months ago then the tenant may have a chance of suing the owner to recover her money and if a court favors the tenant then the owner is wrong and should have done what was right before it went to court.
I've owned rental properties for more than 50 years and there has been a few times that tenants did repairs without my knowledge and then sent me the bill. Of course, I sometimes get excited for not being told and because the tenant paid two times what I could get the work done for. I also know that if the tenant takes me to court I will most-likely lose and will have to pay the high price the tenant paid.
One of the biggest issues I questions is the owner's morals even if the tenant did not give the owner an advance notice. The owner should not snicker and walk away with a free AC system if the system was broke and regardless of whether or not it could have been repaired. Now, the owner has a new system that should last no less than 40 years and why should he earn a larger profit because the tenant used her good faith and hard-earned money to pay for the system even when she was not the property owner.
$6,000 is a very reasonable price for a complete AC system changeout. The least the owner should offer to pay the tenant for the system is $4500. I don't know the whole story, but it looks like the tenant should take the owner to court and I will bet she wins.
For this situation the owner should be honest within himself, do what is right, sit down with the tenant and discuss everything without badgering to tenant so he can come out of this smelling like a rose and walking away with something he should have paid for in the first place.
He was informed it was broken. He lives next door and checked on it himself then called the repair man. My mother in law paid for it with the understanding she would be able to continue living in the house per the original agreement during the probate process.
She also paid to replaced every major appliance in the house over the last 3 years. Those will most definitely be taken with her. - 5yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Originally posted by @Matthew Guidry:
Originally posted by @Account Closed:
While she may not be able to take the AC system legally there are several issues to consider e.g. it may be difficult stopping her from taking major pieces of the system, or destroying it by smashing and bending everything.
A good AC system is critical in Florida and I would like to hear more-complete details from both sides. Did she notify the brother-in-law that her AC was broke and did he offer or refuse to pay for the system since he is the property owner and most-likely it is his responsibility to repair or replace the system. You can't put blame on the tenant in regards to whether the tenant repaired or replaced the system since the owner may have left that choice up to her. Since some AC refrigerants are now illegal to use it is absolutely necessary to replace entire systems.
It the tenant paid $6,000 to install the furnace only a few months ago then the tenant may have a chance of suing the owner to recover her money and if a court favors the tenant then the owner is wrong and should have done what was right before it went to court.
I've owned rental properties for more than 50 years and there has been a few times that tenants did repairs without my knowledge and then sent me the bill. Of course, I sometimes get excited for not being told and because the tenant paid two times what I could get the work done for. I also know that if the tenant takes me to court I will most-likely lose and will have to pay the high price the tenant paid.
One of the biggest issues I questions is the owner's morals even if the tenant did not give the owner an advance notice. The owner should not snicker and walk away with a free AC system if the system was broke and regardless of whether or not it could have been repaired. Now, the owner has a new system that should last no less than 40 years and why should he earn a larger profit because the tenant used her good faith and hard-earned money to pay for the system even when she was not the property owner.
$6,000 is a very reasonable price for a complete AC system changeout. The least the owner should offer to pay the tenant for the system is $4500. I don't know the whole story, but it looks like the tenant should take the owner to court and I will bet she wins.
For this situation the owner should be honest within himself, do what is right, sit down with the tenant and discuss everything without badgering to tenant so he can come out of this smelling like a rose and walking away with something he should have paid for in the first place.
He was informed it was broken. He lives next door and checked on it himself then called the repair man. My mother in law paid for it with the understanding she would be able to continue living in the house per the original agreement during the probate process.
She also paid to replaced every major appliance in the house over the last 3 years. Those will most definitely be taken with her.She should have got it in writing. Hindsight is great. He she talked to him about the AC and getting partially reimbursed. If he called the repairman, he should have been billed. But how did it go from a repair to a replacement?
- 5yDaniel SmythPro MemberRental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes
@Matthew Guidry
No.
This is like installing a door or window in the home and removing them when they leave.
Same for ceiling fans, sinks, garbage disposals.
A stipulation in court might make it OK if the old unit would be re-installed.
Likewise, if you change the blinds or window coverings, they stay unless you replace them with what was there when tenants moved in.
Each state has different rules.
- 5yBruce WoodruffPro MemberContractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
Anything that is permanently attached becomes part of the property. If she attempts to remove it (or any parts thereof) she will end up in court with damages costing waaay more than $6000...
Disclosure - Not an attorney - don't have to be for this one.
- Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes5y
This is some real Florida white trash nonsense. This guy is abusing your mother-in-law and spitting on the memory of his dead wife.
I feel for you, @Matthew Guidry. What you need to do is drive over to this guy's house and get a full explanation out of him. If the explanation is not satisfactory, and I doubt it will be, you will then need to take off your belt and beat him with it until he understands the beating will only stop when he grows up a little bit and starts treating family members like family.
This entitled twit has to learn that his behavior has consequences. - 5yJay HinrichsBusiness MemberReal Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
Originally posted by @Michael Plante:
$6000 I would definitely spend a few hundred and talk to an Atty
total guess would be no she can’t take itWhat does the lease say?
As Jack below is mentioning once its a fixed its real property and unless there is something in writing I suspect it cant be taken.
- Member since 2020 · 984 posts · 1k+ votes5y
While she may not be able to take the AC system legally there are several issues to consider e.g. it may be difficult stopping her from taking major pieces of the system, or destroying it by smashing and bending everything.
A good AC system is critical in Florida and I would like to hear more-complete details from both sides. Did she notify the brother-in-law that her AC was broke and did he offer or refuse to pay for the system since he is the property owner and most-likely it is his responsibility to repair or replace the system. You can't put blame on the tenant in regards to whether the tenant repaired or replaced the system since the owner may have left that choice up to her. Since some AC refrigerants are now illegal to use it is absolutely necessary to replace entire systems.
It the tenant paid $6,000 to install the furnace only a few months ago then the tenant may have a chance of suing the owner to recover her money and if a court favors the tenant then the owner is wrong and should have done what was right before it went to court.
I've owned rental properties for more than 50 years and there has been a few times that tenants did repairs without my knowledge and then sent me the bill. Of course, I sometimes get excited for not being told and because the tenant paid two times what I could get the work done for. I also know that if the tenant takes me to court I will most-likely lose and will have to pay the high price the tenant paid.
One of the biggest issues I questions is the owner's morals even if the tenant did not give the owner an advance notice. The owner should not snicker and walk away with a free AC system if the system was broke and regardless of whether or not it could have been repaired. Now, the owner has a new system that should last no less than 40 years and why should he earn a larger profit because the tenant used her good faith and hard-earned money to pay for the system even when she was not the property owner.
$6,000 is a very reasonable price for a complete AC system changeout. The least the owner should offer to pay the tenant for the system is $4500. I don't know the whole story, but it looks like the tenant should take the owner to court and I will bet she wins.
For this situation the owner should be honest within himself, do what is right, sit down with the tenant and discuss everything without badgering to tenant so he can come out of this smelling like a rose and walking away with something he should have paid for in the first place.
- Member since 2019 · 9 posts · 4 votes5y
Originally posted by @Jim K.:
This is some real Florida white trash nonsense. This guy is abusing your mother-in-law and spitting on the memory of his dead wife.
I feel for you, @Matthew Guidry. What you need to do is drive over to this guy's house and get a full explanation out of him. If the explanation is not satisfactory, and I doubt it will be, you will then need to take off your belt and beat him with it until he understands the beating will only stop when he grows up a little bit and starts treating family members like family.
This entitled twit has to learn that his behavior has consequences.You hit the nail on the head. We live in Louisiana but will be there next weekend to start moving her. The brother in law and I will have words and the belt idea is definitely not off of the table. Unfortunately words are lost on some.
I figured Florida law was similar to Louisiana’s in that she couldn’t legally take the AC. My current thought is I will take my chances and at least take the outside condenser. He isn’t the type to involve lawyers and judges. I’m still holding out hope that I can convince him to either reimburse her or at least split the cost.
- 5yBruce WoodruffPro MemberContractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
Originally posted by @Matthew Guidry:
Don't. The condenser is the main piece of what makes the air cold. The only other part of the cooling system is the lineset. The blower is part of the FAU/heating system.
Sometimes you gotta take a loss and walk away. You're not going to be able to re-sell that condenser for much anyway. Why risk being arrested for grand theft? You like jail or something?
And people that don't like to involve lawyers have a way of changing when you take their stuff. And the AC system is now his stuff.
Although I must say I like Jim's idea quite a bit. Once again though, there is that pesky jail -time thing....
- Investor · Boulder, CO · Member since 2017 · 62 posts · 32 votes5y
Originally posted by @Jim K.:
you will then need to take off your belt and beat him with it until he understands the beating will only stop when he grows up a little bit and starts treating family members like family.
This entitled twit has to learn that his behavior has consequences.You sound like you need to learn that your behavior has consequences.
- Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes5y
Originally posted by @Colin Simon:
Originally posted by @Jim K.:
you will then need to take off your belt and beat him with it until he understands the beating will only stop when he grows up a little bit and starts treating family members like family.
This entitled twit has to learn that his behavior has consequences.You sound like you need to learn that your behavior has consequences.
Sorry, I'm from a different generation, one where if you screw over a defenseless old lady all bets are off.
- Member since 2020 · 984 posts · 1k+ votes5y
The victim's age has absolutely nothing to do with this matter. Just as many younger people get into these situations.
What a person needs to do for this AC case is; do exactly what is expected when two parties disagree with each other. If you real care about this person then help her to file a small claims action in court, bring all your documents to court and do your best to win in. "Talk softly and carry a big stick" Or...complain to the property owner, call him names and you are the idiot for giving up $6,000 so easily.
- Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes5y
Originally posted by @Jim K.:
This is some real Florida white trash nonsense. This guy is abusing your mother-in-law and spitting on the memory of his dead wife.
I feel for you, @Matthew Guidry. What you need to do is drive over to this guy's house and get a full explanation out of him. If the explanation is not satisfactory, and I doubt it will be, you will then need to take off your belt and beat him with it until he understands the beating will only stop when he grows up a little bit and starts treating family members like family.
This entitled twit has to learn that his behavior has consequences.
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