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landlord question (1 Viewer)

Don't Noonan

Don't Noonan

Footballguy
I live in Arizona and have leased out my old house when I bought a new house 4 years ago.  I bought a home warranty policy for the rental because the air conditioning unit was 20 years old.  The renter called me last Wednesday saying the ac unit would not go below 80.  I called the home warranty and they set up an appointment to come out last Friday.  Well, they came out Friday morning, left, and then unit stopped working again and the temperature jumped to 86.  It was too late for them to come out again and said Monday was the earliest they could come out.  I told my renter to go to a hotel if too hot.  

Should I split the cost of the hotel with the renter?  The renter has always paid but is always late, usually by 10 days or so and I have never charged her a late fee.  Not sure the protocol here.  

 
You are gonna be shelling out thousands then cause the home warranty people take forever to do anything.  Buy a couple window units until it gets fixed

 
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Don't Noonan said:
I live in Arizona and have leased out my old house when I bought a new house 4 years ago.  I bought a home warranty policy for the rental because the air conditioning unit was 20 years old.  The renter called me last Wednesday saying the ac unit would not go below 80.  I called the home warranty and they set up an appointment to come out last Friday.  Well, they came out Friday morning, left, and then unit stopped working again and the temperature jumped to 86.  It was too late for them to come out again and said Monday was the earliest they could come out.  I told my renter to go to a hotel if too hot.  

Should I split the cost of the hotel with the renter?  The renter has always paid but is always late, usually by 10 days or so and I have never charged her a late fee.  Not sure the protocol here.  
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This exact same situation happened to me a few years back.  I went ahead and paid for a few nights in a hotel room although, based on AZ law, I was not required to.  Now if it takes you two weeks to fix the unit they may have something to complain about but, if you are diligently trying to make repairs tough chit.   I remember that the renter complained about the hotel room I got them (Aloft in Tempe - not the best not the worst) so when the second unit went out 3 months later I told them to pound sand, it was on them.  I was happy when they left.

 
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A/C is considered like water in AZ. Not required to pay for hotel but tenant can withhold rent for every day if residence isnt habitable with working AC 

You've got a paying tenant. Keep them happy. Not worth the hassle when there's empty hotels all over the Valley.

 
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Craig_MiamiFL said:
A/C is considered like water in AZ. Not required to pay for hotel but tenant can withhold rent for every day if residence isnt habitable with working AC 

You've got a paying tenant. Keep them happy. Not worth the hassle when there's empty hotels all over the Valley.
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Unless it's spelled out in the lease, I'd be surprised if that's true. What's "habitable" is very subjective. 

Regardless, the OP told them to go to a hotel, so that sort of implies he's taking care of the bill IMO. 

 
Two years ago the ac unit went out in my house herebin AZ, it is not something you can just sleep through in the summer.  I just looked back at my texts, I texted her on Friday "Do you need to go to a hotel? "  A few hours later she texted me it was now 90 degrees in the house and that she is getting a room.

 
sbonomo said:
This exact same situation happened to me a few years back.  I went ahead and paid for a few nights in a hotel room although, based on AZ law, I was not required to.  Now if it takes you two weeks to fix the unit they may have something to complain about but, if you are diligently trying to make repairs tough chit.   I remember that the renter complained about the hotel room I got them (Aloft in Tempe - not the best not the worst) so when the second unit went out 3 months later I told them to pound sand, it was on them.  I was happy when they left.
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You could do a lot worse than an Aloft

 
On a halfway relative roundabout note, my current tenant just found out two days ago that the condo has A/C.  The dude has been living in sweltering heat for a while.  Wow.  I mean, wow.  I had absolutely no idea he didn't know.  He did not communicate with me once over the past few months regarding the topic of living in 90+ heat inside the condo. I have no idea how this happened, or how it was even possible for that to go on as long as it did.  I did not peg the guy for a moron.  I mean, I know he isn't a moron.  Dude is pretty intelligent, but I guess he is one of those "lack of common sense" types. 

 
A hot and steamy female tenant, a landlord that just wants to help the poor lady, a hotel room and the setting is Arizona? 

Wow, this has all the makings of the next installment of The Adventures of Arizona Ron. There is so much potential here, I'll check back in on Friday. 

 
A/C in AZ in August is not a luxury by any means, but paying hotel is above and beyond what is required in AZ unless there is a very specific agreement between the parties. 

 
Cjw_55106 said:
Unless it's spelled out in the lease, I'd be surprised if that's true. 
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It's part of Arizona's Landlord and Tenant Act. 

OP is addressing their concern in timely manner........but who knows if the home warranty company will (good luck on that here with a 20 year old AC in Arizona).  In the state of Arizona, all a tenant has to do is provide landlord written notice reasonable amount of A/C isn't being provided. They can withhold rent to secure substitute housing for the period of time issue resolved. Any good landlord in the state of Arizona will obtain the substitute housing for a few hundred $$ on an A/C issue (in the middle of the summer) that's going to need resolved anyway and not dwell on 'reasonable' or 'habitable' this time of year. Particularly for a paying tenant.

Sounds like both OP and tenant are reasonable. I've run into same issue in AZ several times, I've paid the hotel cost upfront w/o a 2nd thought for each tenant every time. if you're skeptical they'll pay future rent due to issue, have them pay for room and tell keep receipts and you'll deduct from rent. I've always greatly preferred doing the former to keep them happy due to the inconvenience.

 
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ghostguy123 said:
On a halfway relative roundabout note, my current tenant just found out two days ago that the condo has A/C.  The dude has been living in sweltering heat for a while.  Wow.  I mean, wow.  I had absolutely no idea he didn't know.  He did not communicate with me once over the past few months regarding the topic of living in 90+ heat inside the condo. I have no idea how this happened, or how it was even possible for that to go on as long as it did.  I did not peg the guy for a moron.  I mean, I know he isn't a moron.  Dude is pretty intelligent, but I guess he is one of those "lack of common sense" types. 
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Better confirm he knows about the hot water before winter rolls around.

 
Grace Under Pressure said:
A/C in AZ in August is not a luxury by any means, but paying hotel is above and beyond what is required in AZ unless there is a very specific agreement between the parties. 
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Might not be legally required,  but it just seems the right thing to do.  He said that the tenant wasnt a problem,  a little goodwill goes a long way  

 
Wouldn't you be less out of pocket just paying an AC guy to fix the unit ASAP than dishing out money for a hotel?  I realize you purchased the warranty but might be the better way to go.

 
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