HVAC and AC demands

Austin, Texas
Managing Your Property
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HVAC and AC demands

Marcel Garza
Member since 2021 · 3 posts · 2 votes

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.

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Kyle MccawBusiness Member
Property Manager · Keller, TX · Member since 2011 · 1k+ posts · 1k+ votes
1mo

@Marcel Garza 

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.

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  • Joseph CacciapagliaBusiness Member
    Lender · San Antonio, TX · Member since 2020 · 1k+ posts · 1k+ votes
    2mo

    It's not fun, but I'd buy a new system that can cool to 72, at least. I don't think that's an unreasonable expectation, and you'll probably lose a lot of tenants over it. 13 years old is basically at the end of the useful life of an AC here in Texas anyway. I know some machines stick around for much longer, but when I'm investing I'm always assuming I'm replacing them every 12-15 years here. It would be sad to lose a tenant, and then have to replace in in 1-2 years anyway.

    You can also make sure the home is properly insulated. Sometimes that can be the real issue, when a "functioning" AC isn't cooling the home.

    [email protected]979-218-2286
    Joseph Cacciapaglia powered by Morty
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    • Marcel Garza
      OP
      Member since 2021 · 3 posts · 2 votes
      2mo
      Quote from @Joseph Cacciapaglia:

      It's not fun, but I'd buy a new system that can cool to 72, at least. I don't think that's an unreasonable expectation, and you'll probably lose a lot of tenants over it. 13 years old is basically at the end of the useful life of an AC here in Texas anyway. I know some machines stick around for much longer, but when I'm investing I'm always assuming I'm replacing them every 12-15 years here. It would be sad to lose a tenant, and then have to replace in in 1-2 years anyway.

      You can also make sure the home is properly insulated. Sometimes that can be the real issue, when a "functioning" AC isn't cooling the home.


       thanks for your feedback!

      1Reply
  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    2mo

    Well discussed here You need more FACTS.

    0Reply
  • Giuseppe Cavucci
    online · Member since 2026 · 99 posts · 45 votes
    2mo

    I can't speak to the legal obligation side, but the age of the unit stood out to me. 13 years is right in the range where AC systems start losing capacity, especially in extreme heat. It's not broken, it's just not performing like it did when it was newer, and that gap tends to show up exactly in conditions like the ones you're describing (95-100 degrees outside, higher temperature differential expected inside).

    Worth thinking about whether this is the first sign it's heading toward replacement rather than a one-off. If it's already struggling at 13 years in a heat wave, that's usually a preview of what the next few summers look like, not a fluke.

    I started keeping track of install dates and typical lifespan for stuff like this precisely so a moment like this doesn't catch me off guard financially. 13 years in, I'd already be expecting the conversation, not scrambling to figure out if I can afford it.

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  • Kyle MccawBusiness Member
    Property Manager · Keller, TX · Member since 2011 · 1k+ posts · 1k+ votes
    1mo

    @Marcel Garza 

    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.

    McCaw Property Management4.4907 Reviews
    WebsiteView Page
    1Reply
  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    1mo

    When we get these types of complaints, we inform the tenants that we do not guarantee that the temperature will go below 78 degrees. We further explain that they can purchase supplemental ACs at their expense. 70 degrees is unreasonable.

    [email protected]239-339-3969
    Bartomeo Property Management4.7150 Reviews
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