One of the most contentious maintenance issues a landlord will face is the adequacy of the cooling system in the rental home. A recent article posted in the Multifamily Dive highlights this tension and the push for landlord obligations. Ashley Ward, director of Duke University’s Heat Policy Innovation Hub, is quoted as saying, “The major challenge proponents of rental cooling standards need to overcome is the public perception that air conditioning is a luxury, not a necessity.”
Indeed, tenants have certain expectations of a working cooling system, especially in southern states in America during Summer. Even though Florida Statutes do not expressly mandate that landlords provide residential tenants with working cooling systems (but does for heat during the Winter), during certain times of the year, the tenant doesn’t necessarily need a statute on point to raise the issue or allegation that the landlord is obligated to keep the cooling system in good working condition.
So, what are a landlord’s legal and practical considerations regarding the cooling system? Here are several considerations landlords should know when dealing with cooling systems in Florida.
Advertising in Rental Property Listings
Landlords can face issues of obligation when they advertise the property as having certain functions that do not exist when the tenant moves into the property or that become defective during tenancy. For example, if the landlord advertises the home as having a “new HVAC” or something to that effect, but then the HVAC doesn’t work properly during the tenancy, the tenant could claim that the landlord has violated an implied or expressed term of a contract by virtue of your advertisement. There are a number of statutes in Florida (and other states) that prohibit false advertising.
Lease Terms and Tenant Rights
If the lease agreement provides for working HVAC, and the HVAC stops cooling properly during the tenancy, the tenant could claim that you have violated the terms of the agreement. For this reason, the lease agreement needs to be worded properly so that if there is a problem with the HVAC during the tenancy, the landlord has more flexibility in dealing with that situation.
Implied Warranty of Habitability.
In Florida, while there is no statute requiring landlords to provide for a functioning cooling system during the tenancy, there is another legal mandate that could impose the obligation on the landlord to remedy a defective cooling system; that is, Florida’s implied warranty of habitability. That is, the premises must be kept in livable condition and to remedy any conditions that render the home untenable.
The issue of a defective cooling system is more applicable during the heat of Summer when high temperatures regularly stay in the 80s and 90s. When the inside of the home is heated to the point of being untenable, the landlord must use due diligence to remedy that situation to avoid breaching his warranty of habitability. If the landlord neglects to keep the cooling system working during hot weather conditions, and a tenant or person inside the rental property is injured due to the extreme heat, the landlord most certainly will face some claim of liability.
The landlord’s lease agreement should have provisions that address the situation where the cooling system is not working properly so that the landlord has remedy options, including but not limited to, putting the tenant in another unit, reducing rent, installing portable a/c units, or terminating the lease. Of course, the lease provisions cannot be unconscionable. No matter what, landlords should never ignore the situation involving a defective cooling system during the Summer.
Mold Risk: The Importance of Functional Cooling Systems
The landlord must also consider that mold growth is much more likely inside the premises when the cooling system is not working properly. Tenants commonly report a suspicion of mold during the tenancy, and landlords are put in a position of having to respond to those allegations, which, of course, can be costly. A landlord can exacerbate a mold allegation problem when the cooling system is not functioning properly. If dangerous amounts or types of mold exist in the premises, the landlord has an obligation to remedy the problem, especially if it is caused by the landlord’s failing to cure a defect in the cooling system.
Why Florida Landlords Must Prioritize HVAC Maintenance for Tenant Safety
In conclusion, the issue of maintaining functional cooling systems in Florida rental properties is not just a matter of comfort, but a critical component of tenant safety and landlord responsibility. While Florida law does not explicitly mandate cooling systems, the implications of neglecting them—especially during the scorching summer months—can lead to significant legal and financial consequences for landlords. Advertising promises, lease agreements, the implied warranty of habitability, and potential mold growth all contribute to the complexity of this issue. Landlords must approach the maintenance of cooling systems with due diligence, ensuring that they fulfill both their legal obligations and the expectations of their tenants. Failure to do so not only jeopardizes tenant health and safety but also exposes landlords to substantial liability risks. As the debate continues on whether air conditioning should be classified as a necessity or a luxury, it is clear that in Florida’s extreme climate, a working cooling system is essential for maintaining a habitable living environment.