Landlord Question 3 (rent, house, tenants)

[alarms]

Yes, I'm a Landlord. Have an issue and wondering if I'm wrong in anyway.

Beginning of September Tenants calls to inform of central air not working. I contact 1 company immediately for service. They state system needs new condenser or replace whole system. Of course I want to repair, it's cheaper by $4000! But, they say they can't warranty the repair, just the replacement of the whole system. Get 2nd opinion. They state can't repair have to replace whole system as original system is on old R22A freon. OK. It has been 10 days since being notified of AC problem by tenant and have both propsals now. Let tenant know of situation and told him I wanted to see if I can get another company out to see if they can repair. He is ok with that. having hard time getting someone to come check AC in third week of September. Give tenant a call and notify him of problem with getting some out there. He says it is HOT in house and try to get AC installed ASAP. October 2nd after many attempts and CL ad to get someone out, no luck. Call company to go ahead with install of whole system and they state that it has to be 65F out to power up the unit (apparently, the oil in the condenser has to be a certain temperature to be able to lubicate all inner parts). Company recommends waiting till Spring as they are into the heating season anyway. Would take a week or two to get parts, get permit and are 1 1/2 weeks scheduled out. Informed tenant as such and he is now furious at me. He wants Central Air fixed and working now. I said its 58F outside and company needs it to be 65F out to start system!

So now, tenant has just informed me he will be taking $400 off of November's rent for September and October with no AC. He also states that he will continue to deduct $200 per month until AC has been replaced or repaired! That more than likely will not be till April now.

I have to supply him with heat by law when temperature drops to 72f and he is crying foul about no AC. He has no special medical issues that I know of and he has not specifically mentioned such.

Not sure what to do. Any input appreciated.

[SouthBound3]

When I bought my first house - I had an AC contractor inspect the AC. It was March and it was COLD. If I remember correctly, he wrapped the outdoor condensing unit in a heavy blanket to prevent cold air from circulating through it (I assume) to test it. Maybe you should get a second or third opinion about your situation? Seems to me that from your perspective - November would be a good time to strike a deal for an AC unit from a hungry AC guy. While I can see having the AC on occasionally in Sept/Oct - beyond that - I think your tenants are being opportunists.

[TMing]

Why couldn't you just supply him with a couple of window AC units? Who pays for for the electricity?