Need advice regarding tenant complaint about home cooling

[Neelu Kalra]

I am a new landlord and would appreciate advice on a situation I’m facing. I recently purchased a new 2,500 sq ft, three-level townhouse and rented it out a few months ago. The home has thermostats on all three levels. The tenant has been somewhat difficult since the beginning. She sent me a text complaining that the home is not cool enough. The thermostat is currently set at 67°F and the HVAC system is functioning, but she wants to lower the temperature to 65°F.

I advised her to keep all three thermostats set consistently, as she currently has the lowest level turned off, which could create uneven cooling. Also, since the home is new and under warranty, I contacted the HVAC company. They were extremely helpful. They informed me that the thermostat is locked at 67°F and do not recommend lowering it below this due to the risk of the coils freezing. Lowering it would require my authorization. 

Based on their guidance, I declined to authorize the change to avoid potential damage to the HVAC. I then got a nasty text message from the tenant as below.

“I’m sorry but if I am going to pay rent here I want it lower. My quality of sleep is going down for my daughter and I. We are sweating every single night. At my last townhome I kept the thermostat at 65 and NEVER had any issues. I can’t live here in these conditions! It’s going to be summertime, temperature going to rise and it’s only going to get worse.”

She also called and left this voice message:

“Hi, could please give me a call back as soon as possible so we can make a resolution to this. I'm not gonna be able to live here in these conditions. So we need to figure out if I need to break my lease so I can move out of here because I'm not going to pay rent at this home and I cannot turn the thermostat down 2 degrees. It's ridiculous. Can you please give me a call back?”

I am not sure how to handle this situation and want to be professional. I am also a bit stressed as I am new to this. She seems to be being unreasonable. It is only March - the temperature is being maintained at 67 and wanting 65 degrees seems a bit extreme. She is also not running the thermostats on all levels.

I am thinking of authorizing the HVAC company to lower the setting but also sending her an email that she will be responsible for any damages incurred since it goes against the HVAC company’s recommendation.

I would appreciate your opinions as I would like to respond to her as soon as possible. Thank you very much.

[Richard F.]

First of all, check your local "minimum housing standards", there may be a spec for Rental properties in particular.

Secondly, what is the ambient temperature for the period of her complaint. Typically a 20 - 25 degree differential is the most you can get out of an ideal system, hot or cold.

Third, did she inquire or mention such a requirement prior to move in? I doubt it.

What floor is she having issue with? Heat rises, I would expect upper floor to be warmer unless you actually have three separate, or zoned, systems. 

Buy one of these data loggers and place it in a draft free area of the room she is unhappy with. After a 24 hour period remove it and examine the resulting chart. You will be able to observe the operating cycles and see the actual temperatures. 

If necessary, just let her out of the Rental without penalty as long as she leaves it clean and essentially same as at move in. It's better to get rid of a PITA, there are far more good Tenants out there.