Landlord won’t take responsibility for not addressing an issue with AC
We signed a 3 year lease. Landlord was responsible for maintaining AC for the 1st year and then it’s our responsibility. It broke within the 1st year in 2021. Technician found a major leak, but the landlord only put new refrigerant. It made the AC work for the summer. Now 1 year later the AC doesn’t work again. Landlord refuses to fix it since now our responsibility but the leak was never fixed when the landlord was responsible in the first year. I have evidence of this. I feel the landlord did not properly maintain the AC as he should during the first year by ignoring the leak. What are my rights here?
[{"id": "idic2zu", "text": "He fixed it.  Now it's broken again.\n\nIs it now the second year?\n\nIf this is the second year, your lease clearly spells out everyone's responsibilities.\n\nClearly.", "replies": [{"id": "idif9ko", "text": "Yes its the second year but he did not address the underlying issue in the AC in the first year which is the leak\u2026he simply ignored the leak and added refrigerant", "replies": [{"id": "idifsq4", "text": "According to your post: \"*It made the AC work for the summer. Now 1 year later the AC doesn\u2019t work again. \"*\n\nThe AC unit worked.  He made it work.  \n\n(He made it work in the first year).\n\nHis obligation was met.\n\n*\"Now 1 year later the AC doesn\u2019t work again\".*\n\nThat means it is now year two.  It doesn't work again.  \n\nWho is responsible for making it work in year two?", "replies": [{"id": "idigvzp", "text": "I am responsible for year 2. But he was responsible for not just making it work in year 1 but \u201cmaintaining it\u201d. Ignoring a leak is not properly maintaining it. The leak is serious and was known. I have evidence. I asked him to please properly fix the AC during the first year rather than just adding refrigerant but it was ignored. Maybe I\u2019m bias idk? But if someone is responsible for maintaining for first year it obviously needs to be done correctly", "replies": [{"id": "idih323", "text": "&gt;I am responsible for year 2\n\n(This is year 2).", "replies": [{"id": "idihacs", "text": "Yes year 1 was 2021 and year 2 is 2022", "replies": [{"id": "idihpq1", "text": "&gt;Landlord was responsible for maintaining AC for the 1st year and then it\u2019s our responsibility. \n\nIf I'm clear on all the issues, I believe we are no longer in year 1.", "replies": [{"id": "idihwdn", "text": "Yes that\u2019s right", "replies": [{"id": "idiifmx", "text": "Looks like it's time for you to carry out your responsibilities.", "replies": [], "depth": 9}, {"id": "idizpnm", "text": "Just fill it again and stop complaining", "replies": [], "depth": 9}, {"id": "idkl10o", "text": "Think that might be your landlord lol", "replies": [], "depth": 9}], "depth": 8}], "depth": 7}, {"id": "idijvi8", "text": "You\u2019re misunderstanding, he made the AC unit work throughout year one, even past the issues with it. \n\nHe put a temporary fix on it, and now as per the contract the issue falls to you. You can either keep applying temporary fixes, a permanent fix, or nothing at all.", "replies": [], "depth": 7}], "depth": 6}], "depth": 5}], "depth": 4}], "depth": 3}, {"id": "idixqld", "text": "Sooooooo did you try adding more refrigerant? Or did you just start complaining about the thing that you\u2019ve been using and are responsible for?", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "idimg7y", "text": "Did you receive an HVAC survey report prior to taking possession? The LLs I deal with provide the system in \"good working condition\" then tenant is responsible for annual maintenance. If it's in year 2 you're on the hook.", "replies": [{"id": "idiorco", "text": "No", "replies": [], "depth": 2}, {"id": "idkzp2d", "text": "Yeah but you should also define much more precise what exactly good working condition means. Same thing with \u201cbroom swept condition and in vanilla box\u201d upon exit. \n\nYou should also be negotiating for your tenants right to a HVAC cap where you say \u201cnot to exceed \u201cX\u201d per year, and I would also try negotiating w LL\u2019s if it\u2019s an older HVAC unit, that \u201cshould HVAC need full replacement, it shall be LL\u2019s sole responsibly for replacement w HVAC in new working condition and that if this happens, then it should be tenants responsibly for maintenance thereafter, not to exceed \u201cX\u201d per annum\u201d or something", "replies": [], "depth": 2}], "depth": 1}, {"id": "idinogs", "text": "What do you expect out of a 3 year lease?", "replies": [], "depth": 1}, {"id": "iditzj1", "text": "Commercial tenants don\u2019t have even close to the same rights as residential tenants. Just fill it with refrigerant and make it work for the summer again.", "replies": [], "depth": 1}, {"id": "idjgzfh", "text": "If you have documentation that the leak was found in year 1 that would fall under landlord responsibility even if it\u2019s year 2 providing it is the same leak\u2026 you may need to get your own proposal and provide the findings to the LL showing it in fact is related to the original issue. You\u2019ll need to pay for the inspection but you can request reimbursement from the LL once you have findings in hand.", "replies": [], "depth": 1}, {"id": "idjnyw1", "text": "100% on you", "replies": [], "depth": 1}, {"id": "idjr6bi", "text": "Sounds like the LL knew the AC was failing and only had a year left on it, but you agreed to take on repair and maintenance of it after that first year in your lease. Might be a shady tactic from the Landlord but you agreed to it in your lease so you\u2019re stuck with it.", "replies": [{"id": "idl4u9v", "text": "This exactly. \n\nA good landlord would have fixed the root of the problem. You clearly don't have a good landlord. However, your contract doesn't protect you. \n\nOn a side note you can buy freon for about $25 a lb online. I don't believe you have to have a license to do so even though it says so online. You just have to not be reselling. Probably have to call. Then find someone to put in the freon for cheap. Or find someone who will do it cheaply. \n\nYou will have to do this at least twice so it may be worth it to find a way to save some money. \n\nGood luck.", "replies": [], "depth": 2}], "depth": 1}, {"id": "idjrryn", "text": "I get these types of consultations from time to time. Your best route if you want LL to fix or replace is to negotiate and sign a new lease", "replies": [], "depth": 1}, {"id": "idklhrw", "text": "Just do what your landlord did, and move out asap if possible. Keep all records from the AC guy and all conversations between you and Landlord to cover yourself if they decide to sue.", "replies": [], "depth": 1}, {"id": "idkys2s", "text": "Your responsibility. That\u2019s why there are lease provisions. If you stopped paying rent in year two because your company stopped working, would you still be responsible to make your rent payments? That answer is yes. \n\nDid you use a tenant rep broker w this lease or did you do it yourself? If you used a broker, fire the broker. Bc if he did not try and negotiate some sort of yearly cap on HVAC clause, then you shouldn\u2019t use him again. This clause is literally one of the biggest negotiated ancillary items in a retail lease agreement. \n\nIf you negotiated this yourself, next time you need to try and negotiate some sort of HVAC cap in your next lease. Also, does your lease call for HVAC service provisions? Usually, most LL\u2019s will negotiate to have their tenants perform routine semi annual HVAC maintenance service not to exceed $X, which is usually just the cost of winter/summer HVAC services. \n\nIf the lease does have this provision, the only recourse you might have is to try and get last years service reports and see if the LL knew of any additional faults w the HVAC other than refrigerant and neglected to fulfill them. But that\u2019s a two way street because they would then ask for yours. \n\nTL:DR - next time you negotiate a lease, you can negotiate HVAC caps.", "replies": [], "depth": 1}, {"id": "idminz4", "text": "Your right (singular) is to sue them.", "replies": [], "depth": 1}]