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Tresha91203

Junior Member
What is the name of your state (only U.S. law)? Louisiana

Questions: Can I tell tenant wife to quit contacting me and if she has further issues to have her husband contact me. I do not appreciate her rudeness and hostility. Also, if I have installed sufficient BTU window AC units for the square footage of the house, do I have to keep installing more and more when she complains she is hot. (They don't even turn on all of the units they have. Every bedroom has a window unit and there are 2 units in the combo living/dining/kitchen). She complains the hallway is hot. I tell her to open the bedroom doors so the air can circulate.

We have rented a 1700 sq ft house to a married couple for the past 17 months, 6-month lease that reverted to a month-to-month. Central AC was working at the start of renting 01/2011. The house we rent to them is next door to the house we live in. Initial lease (which both tenant husband and tenant wife signed) states they are responsible for utilities (except garbage pickup, which we provide), and that we provide a washer/dryer hookup. We have never billed them for water, gas or internet, and we have provided them with a washer and dryer, even installed a brand new one for them when initial one broke. All was fine and dandy.

May 26, 2012 - Get an email from tenant wife stating AC not working.

May 27, 2012 - Checked email, called repairman, responded to email stating I only check email once per day and give her my phone number. Pay repairman to come out that day (Sunday of Memorial Day weekend). Repairman orders a part that he thinks will fix the problem. We offer tenant hotel option or window unit option and they choose window units. We install 3 of them in the windows tenant wife request.

May 29, 2012 - Tenant wife emails that central AC is still not working. This is the day after Memorial Day, the day the part company is likely receiving the part order. I respond same day telling her that part is on order and asking her if window units are working well or do they need an additional window unit. Husband had already been informed that part had to be ordered, but apparently they don't communicate.

June 4, 2012 - Tenant wife emails to inform me that the temperature in the small bedroom, hallway and bathroom is high and not OK. Asks when central air will be repaired. I respond same day, surprised that the temperature was high and she didn't say so when I asked her in writing on the 29th. I explained that the part was on order and the repairman thinks that will fix it but is not positive. Do you want an additional window unit or two in the meantime?

June 5, 2012 - Part comes in and we replace it. Cannot gain access to the thermostat because tenant wife will not answer the door, although she is there. Repairman leaves not knowing if unit works or not. Go back 2 hours later and she still will not answer the door. Cannot turn unit on to check if repair worked.

June 6, 2012 - Tenant wife sends snippy email stating that she perfectly understood that we were willing to install additional window units, but she does not want that as it will not help. Also states that hotel is not an option for them but reduced rent next month would be. I respond same day that the part has already been replaced but we could not check it because she would not answer the door. I tell her to let me know when my husband can come turn on her thermostat. If she doesn't want him inside, she can try it herself. If this does not solve the problem, we will have air conditioner repairman come out again.

June 8, 2012 - Tenant child walks over to inform us that the toilet is overflowing and she is home alone. I go over there and try to plunge it but cannot fix it. While I am there, I turn on the thermostat to check if central AC is working. None of the window AC units are turned on. Tenant child informs me that tenant wife wont allow them to be turned on until right before tenant husband comes home. Call plumber who arrives 8 PM same day (Friday night) and has to do $450 worth of repair, including removing the toilet to get a machine down the hole to blow it out. Plumber says someone flushed something definitely not toilet paper. I ask him to write that on the receipt and he does. He also writes his cell number on the receipt in case we need him for legal reasons. Central AC not seeming to work. Since they aren't bothering to turn on the window AC units, I decide to not pay weekend rate for AC repairman and will call him Monday to come out.

June 11, 2012 - Call AC repairman to inform him unit repair did not work. He orders next part.

June 14, 2012 - Tenant wife sends hostile email saying it is hot over there, demands to know exactly when central AC will be repaired, demands 4 additional window AC units installed by noon tomorrow. I walk over there to discover that only 2 of the window AC units are even turned on, not all 3. She is nasty and hostile, I am offended and hostile right back. I tell her if she is hot to turn on the window AC unit that is currently off. Ultimately, I agree to a larger window unit for the living room and an additional small one for the back bedroom, but not by noon tomorrow.

June 15, 2012 - Repairman replaces 2nd part and wife tenant wont open the door to check thermostat. Bang on door until she relents. Unit still not working. I call second company to verify that unit is unrepairable and to get a quote on replacement.

June 16, 2012 - Purchase 2 additional window units for the rental house and bring them over. Tenant wife runs to her bedroom and closes the door (she does this every time, xenophobic or something). Tenant husband is surprised, says maybe it got a little hot, but not bad. Says he doesn't need the smaller of the window units. We install the large window AC unit in the living area, leave the smaller unit on the porch in its box to return later. 2 hours later, we hear them yelling and see tenant husband installing the smaller unit in the back window to shut her up. Shortly thereafter, tenant wife calls me to send my husband back over because she wants him to move the units around some. My husband basically says she should have come out of her room when he and his helper were there a couple of hours ago. The helper is gone now, so he's not doing it right now.

June 17, 2012 - Second opinion comes through, total replacement needed, $6,900 minimum but $8,000 for recommended unit. OUCH. We cannot do this at this time. I speak to tenant husband and inform him that we will not be able to repair the central AC. Tenant husband states he understands, window units are fine. I express concern that tenant wife will not be happy. Tenant husband says to ignore her, she is irrational and cannot be pleased. He states he is not planning on vacating and that he has told her as much.

June 28, 2012 - Tenant wife emails me to tell me central AC is still not working and she's hostile. She demands that we put them up in a hotel until it is repaired. Claims she has been waiting patiently for 26 days while I just "pretend" to be working on the problem. She demands that all further communication be with her via email (tenant husband does not have computer or email access, so she is basically saying not to talk to her husband, the one who pays the rent and the only one of them with a job). She states they only rented the house because it was advertised with central AC and they would not have signed the lease if it did not have central AC. I respond same day that she has no lease currently, but that she did have working central AC for the duration of her lease. The central AC unit will not be replaced. I inform her that tenant husband says its fine. I would be willing to install different or additional window or portable units, but only if I get to speak to BOTH her and tenant husband at the same time. I don't want to invest more since she has already stated that nothing less than working central AC will satisfy her.
 


sandyclaus

Senior Member
Out of curiosity, why have you refused to replace or properly repair the central A/C unit?

If it was working when they moved in, they are still living under the same tenancy (even if their lease has expired). Under Louisiana Landlord Tenant law, CC 2691, You are responsible for keeping the A/C unit in good working order. The tenant is NOT being unreasonable when they tell you they expect it to be repaired.

The fact that you cannot afford to replace/repair it is not an acceptable excuse. While adding the window units is an acceptable compromise, if it does not provide the same cooling as the central A/C unit would, then it is NOT a comparable option to the working central A/C.
 
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Tresha91203

Junior Member
Thank you for your reply.

I cannot afford the $8,000.00 it would cost to replace the central AC unit. It would be more cost effective for me to give the current tenant notice to vacate in 30 days, then re-rent the house. They are not without air conditioning, just without central air conditioning, and there is nothing I can do to provide them with central air conditioning. I can provide (well, have provided) them with window/portable units of sufficient coverage for the square footage, but that is the best I can do.

I appreciate your response, as I was unaware of what I was legally required to provide. :)
 

sandyclaus

Senior Member
Thank you for your reply.

I cannot afford the $8,000.00 it would cost to replace the central AC unit. It would be more cost effective for me to give the current tenant notice to vacate in 30 days, then re-rent the house. They are not without air conditioning, just without central air conditioning, and there is nothing I can do to provide them with central air conditioning. I can provide (well, have provided) them with window/portable units of sufficient coverage for the square footage, but that is the best I can do.

I appreciate your response, as I was unaware of what I was legally required to provide. :)

Be very careful of giving them notice and then re-renting. If it comes to an eviction, then they could use the fact that you failed to maintain the A/C unit and did not provide a comparable option, and that you are retaliating against them for your own failure to maintain.
 

Gail in Georgia

Senior Member
Steps to terminating a month to month tenancy in Louisiana are outlined in the attached:

https://www.freeadvice.com/law/real-estate-law/landlord_tenant/louisiana-evictions.htm

Have you gotten other estimates on replacement costs for the central air conditioning? $8000 seems pretty steep.

Gail
 

Tresha91203

Junior Member
Thank you both so much, and thanks for the link. It looks like I don't need a reason to terminate the month-to-month here, which is good. I am not sure I understand about retaliation, though. Would that mean she could somehow force me to replace the central unit? I mean, I just don't have it. Regarding the price, I just got a quote from the last company, and there was one that would "probably be sufficient" for $6900, but I don't have that either. I'll call another company for a different quote though to be sure this one isn't just too high. That had not really occurred to me. Thanks
 

BL

Senior Member
Thank you both so much, and thanks for the link. It looks like I don't need a reason to terminate the month-to-month here, which is good. I am not sure I understand about retaliation, though. Would that mean she could somehow force me to replace the central unit? I mean, I just don't have it. Regarding the price, I just got a quote from the last company, and there was one that would "probably be sufficient" for $6900, but I don't have that either. I'll call another company for a different quote though to be sure this one isn't just too high. That had not really occurred to me. Thanks

Retaliatory Eviction – This occurs when a landlord tries to evict a tenant because the tenant filed complaints about the place they are renting. For example, a tenant can report violations if the rental complex or apartment is unsanitary or falling apart.
 

MIRAKALES

Senior Member
The primary obligation of the landlord is to be responsible for the maintenance of the premises, regardless of the disposition of the tenant. The tenant is legally obligated to allow entry for maintenance and repairs with a twenty-four (24) hour advance written notice of entry by the property owner.

Lease Agreement: In the matter of the non-reparable central air conditioning unit, the landlord can terminate the original month-to-month lease agreement for purposes of issuing a new lease agreement which removes the central air conditioning as a lease provision. The landlord does not have to provide a reason for lease termination with a month-to-month lease. While it may be a valid claim that the landlord is acting in retaliation to the issues of the non-reparable central air conditioning, the non-working air conditioning would have to legally create a condition of non-habitability in order for the tenant to make a valid protest to withhold the rent.

According to the State of Louisiana:
Month-to-Month Lease: If the duration of the lease is not stated in the agreement, then it is presumed by law to be month-to-month. The tenant or the landlord may terminate or change the terms of the lease with ten (10) days written notice before the end of the month. [SUB]6CC 2728[/SUB]
http://www.ag.state.la.us/Shared/ViewDoc.aspx?Type=3&Doc=220

Plumbing: Generally, if there is more than one bathroom in the premises, a non-working plumbing fixture is not considered to be an emergency requiring immediate access. Communications with unnamed leaseholders, especially non-adults and children, is not the best professional form, especially when a tenant is predisposed to being objectionable. (Despite not being the primary tenant, the landlord is not allowed to discriminate against the female head of household in accordance with HUD regulations.)
 

Banned_Princess

Senior Member
does the central air run off their electricity?

I don't think this would be a retaliatory eviction, because A) they haven't complained to any authority who then ordered you to fix the unit, whatever the cost. and B) you have provided them with a comparable alternative, the window units.

So if it were me, I would evict this PITA without reason. just move out in 30 days, we no longer want to rent to you. OH ten days, thats even better.

Or you can just send written notice that you are changing the terms of the month to month lease to exclude central air, and they should be happy you provided nearly every room with a window unit. new ones.
 
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Tresha91203

Junior Member
Thank you all so much! I am loving this forum.

BL: They have not complained to any authority. Tenant wife has complained to me and tenant husband says things are fine.

MIRAKALES: The non-working central AC should not be a habitability issue, just a change in the original condition of the house at start of lease. The house is 1700 sq ft and has 3 window units that cool rooms up to 250 sq ft (in each bedroom, and the one in the smaller bedroom is usually turned off because it is too cold) and 2 window units in the open combo living/dining/kitchen that cover 500 sq ft and 650 sq ft. There is a large bathroom that is warmer but I am willing to install a portable unit in there (the window is too small for a window unit). I would just like tenant husband to say so as well because he keeps telling me he doesn't need any more units and to ignore tenant wife. So, as I understand it, the house is habitable, right?

Banned_Princess: The central AC did run off their electricity. The window units are all energy efficient. I am leaning towards written notice that I am changing terms of month-to-month lease to exclude central AC. Tenant husband and tenant teenager have been pleasant, tenant wife was mostly in hiding until this issue. Tenant husband says he does not want to leave the house, good school for tenant teenager, acreage that I mow so no lawn care for him, free water, free internet, free garbage pickup, free washer and dryer, free storage for his air compressor in our shop next door, 1700 sq ft brick home for $1k per month. I really just wish I could get tenant wife to leave me alone though. If the change in lease does not solve that problem, I will look at simply not renewing that month-to-month next month.

Thank you all so much.
 

MIRAKALES

Senior Member
MIRAKALES: The non-working central AC should not be a habitability issue, just a change in the original condition of the house at start of lease. The house is 1700 sq ft and has 3 window units that cool rooms up to 250 sq ft (in each bedroom, and the one in the smaller bedroom is usually turned off because it is too cold) and 2 window units in the open combo living/dining/kitchen that cover 500 sq ft and 650 sq ft. There is a large bathroom that is warmer but I am willing to install a portable unit in there (the window is too small for a window unit). I would just like tenant husband to say so as well because he keeps telling me he doesn't need any more units and to ignore tenant wife. So, as I understand it, the house is habitable, right?
Generally, Conditions of Habitability are related to issues of compromised structures and non-working electric, plumbing, heating, and water. Most local municipalities do not regulate issues related to central air conditioning. However, in warmer climates (like Louisiana) non-working air conditioning in the summer months may be equivalent to non-working heat in the winter months, and would be considered on a case-by-case basis by regulators. Check with the local and county regulations to confirm.

The multiple air conditioning units may be an inconvenience to the tenants because of the added noise factor and additional electrical expense of managing multiple (3-4), simultaneously. The tenant's opposition is understandable because the premises were leased with working central air conditioning. Check online for better prices on new HVAC units, also consider refurbished models at major appliance retailers.
 

Searchertwin

Senior Member
Out of curiosity, why have you refused to replace or properly repair the central A/C unit?

If it was working when they moved in, they are still living under the same tenancy (even if their lease has expired). Under Louisiana Landlord Tenant law, CC 2691, You are responsible for keeping the A/C unit in good working order. The tenant is NOT being unreasonable when they tell you they expect it to be repaired.

The fact that you cannot afford to replace/repair it is not an acceptable excuse.

Sandy, Sandy, Sandy
Typical tenant reasoning

She did try her best to repair the a/c
She sent for a repairman within a day. He had to order a part to fix, and she supplied units the same day. What more do you want?

In this case, yes, the tenant is being unreasonable. LL is repairing the unit, what more do you want?

True, when one can't afford to replace an unit, that is not an acceptable excuse but she did not state she couldn't pay for repairs.

While adding the window units is an acceptable compromise, if it does not provide the same cooling as the central A/C unit would, then it is NOT a comparable option to the working central A/C.

It is a comparable option if tenant is agreeable to the units. In this case, the husband is.
The LL provided more than enough windows to throw out cool air as a central unit. Plus she stated that she will supply more.

I think that argument will go out the window.
 

Searchertwin

Senior Member
Thank you both so much, and thanks for the link. It looks like I don't need a reason to terminate the month-to-month here, which is good. I am not sure I understand about retaliation, though. Would that mean she could somehow force me to replace the central unit? I mean, I just don't have it. Regarding the price, I just got a quote from the last company, and there was one that would "probably be sufficient" for $6900, but I don't have that either. I'll call another company for a different quote though to be sure this one isn't just too high. That had not really occurred to me. Thanks

You do not need a reason to terminate. She cannot force you to replace the central unit if you get rid of her. If she stays, she has every right to expect one, unless you make a new lease stating that the place only provides window units. You don't have to stick to a month to month with them, you can draw up a new lease. If they accept fine, if not, fine. Either way, have new lease state the place will provide only for window units for xxx rooms.

And you don't have to wait months to re-rent in fear of retaliation. If a month-to month means no excuse needed, than it means they can't come back to retaliate on anything. What good would it be than?
Oh, they can sue if they want, but who do you think will lose?

Call a heating and cooling company and ask for a used unit. Ask the repairmen if he knows of a place that carries used units. Call a vo-tech school to see if they wish for students to practice on repairing one. So many ways to get one. I already have a unit that can be replaced around $300.00 used, through my heating company if I need one.

Another thing, I would get in writing that the husband is content with the window units. Just type it up and have him sign it.
If it was me, I give them their notice to vacate. I wouldn't put up with her nonsense. Why add a "headache"?
 
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Searchertwin

Senior Member
Be very careful of giving them notice and then re-renting. If it comes to an eviction, then they could use the fact that you failed to maintain the A/C unit and did not provide a comparable option, and that you are retaliating against them for your own failure to maintain.

Not in a month-to month situation. You don't have to have an excuse to terminate, which means what can they retaliate about?

then re-renting
What do you want the LL to do? Sit for months without an income coming in? When will be a good time to rent? A year?

Now do you see what MIRAKALES was saying in previous answer on another post.

Let me refresh: "non-property owners, with no vested interested in property, with nothing to gain or loss, provide nonsensical advice
 

FarmerJ

Senior Member
OP If you go the route of using proper notice to change the terms of the rental to state that central air is not provided then I would suggest to you if you write into a new lease that window units are provided, NO matter what size they are or how many of them you provide that this woman is never going to lighten up. SO I would suggest that in a notice that says central air will no longer be supplied If you must include the window units in writting to simply state how many of them you bought and then the total BTU out put they have and if any additional ac units are needed tenant agrees to purchase units that they will take with them when they leave. Hopefully this ladys husband will be able to reign her in , do self a favor simply cease reading her emails your self , let your other half deal with it for a while . AND make darn sure you remove the old central air unit, have the elect that fed it disconnected in the fusebox and the lines that fed the outside compressor properly capped.
 

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