HVAC and AC demands
I have a single-family property that had been rented out for 4 years without any significant complaints. I just moved in new tenants, and I was quickly told that the AC is not cooling. I immediately had my HVAC tech inspect the unit and he said the AC unit is working properly. Upon further discussion, my new tenants want the temperature to be between 70-72 degrees. My previous tenants only set the thermostat to 75-76 which the unit can easily handle. Currently it is mid-summer with outdoor temperatures in the 95–100 degree range. The AC unit is 13 years old, and my hvac tech does not think it could cool the house to 70-72 degrees during the day. But also reassures me that he has thoroughly inspected it and nothing is faulty.
As the property owner, what is my obligation? The tenant is currently setting the thermostat to 70 degrees, but the AC unit is only getting the temperature down to 74 degrees. So, it is cooling the house, just not to the tenant's satisfaction and it likely will not be capable of doing so.
Most Popular Reply
I’d be careful with the common “20 degrees below outside temperature” rule. That’s a good HVAC performance guideline, but it is not a Texas statewide landlord requirement.
Texas Property Code §92.052 requires a landlord to repair conditions that materially affect the health or safety of an ordinary tenant. The statute does not say a rental has to maintain 70° or 72°, nor does it establish a statewide 20-degree differential.
In this situation, I’d document the HVAC contractor’s inspection and findings. If it’s 100°+ outside, the system is operating properly, and the house is maintaining 74°, I would not replace a functioning HVAC system simply because a tenant prefers 70°.
We manage rentals in Texas, and expectations matter here. Air conditioning needs to function properly; that doesn't mean a tenant gets to dictate that an older home maintain 70° when it's 100–107° outside.
I’d also check the specific city ordinance because local requirements can be more restrictive than state law.
- Kyle Mccaw
