Hello everyone!
I need everyone's advice. Let me go into detail:
I started renting a house in September 2015. It was through a leasing company that deals with both the owner and the tenant and I read the lease agreement thoroughly and nothing stood out to me particularly.
Recently the AC started failing, so I submitted a maintenance request where the technician asked what was happening and I explained to him that the thermostat was unresponsive and whatnot. Before he came over, I asked him "Will I be covering the charges of the repair?" and he said "No, the owner does. We send an invoice to the leasing office and they take care of it."
He repaired it with minimal comment, he only explained to us that it was dirty, that the thermostat needed to be changed and that's it. The unit was indeed filthy, and has been since we moved in here. I did not take pictures of it or write it down in my move-in inspection because I didn't notice it within the first week (we needed to hand our move-in inspection within a week of moving in) but it has been dirty before we moved in for sure.
I received a call several hours later from someone from the leasing company, stating that I might have to cover charges for the cleaning of the AC unit, they claimed that it was full of dog hair.
A couple of things stand out to me:
First: The technician never saw my dog. He might have seen hair but he never interacted with my dog.
Second: I have a terrier mix. She has an incredibly thin coat of hair and it is very short. If I were to shave her, she would be hairless. She doesn't really shed and when she does, we brush her with a glove (like this one) and nothing really comes out.
Third: She never goes close to the door where the AC unit is because she is terrified of the sound.
Anyway, I told the woman on the other side of the line that it was funny that she mentioned that because of the reasons that I mentioned above. I also told her that even though I didn't write it in my move-in inspection, that unit has been filthy since we moved in and how much dirt was in there could have not been accumulated from us living in here for 8 months, especially not when our dog doesn't have long hair.
I asked her how much was it for the services and she said "$395" and when I asked how much the cleaning fee was, she couldn't tell me. She said that she would send me an e-mail with the invoice and with the pictures that the technician took of the unit and that was that.
I immediately checked my leasing agreement, and this it what it says about repairs and pets that could be relevant to my story:
- Tenant(s) will be responsible for FULL replacement and/or repair cost of carpet, walls, blinds, flooring or any other items damaged in any way by pet(s). Tenant(s) also will be responsible for the full cost of any exterminating that may be required because of pet(s).
All maintenance and repair work requested by the LESSEES and ordered by the LESSOR shall take place during normal business hours, Monday through Friday from 9AM to 5PM, (excluding emergencies). Under our guidelines and the Florida Landlord Tenant Laws, Emergency repairs shall be deemed as follows:
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Security Broken locks, window locks and smoke detectors.
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Major Water Leaks -Broken pipes, or seriously clogged drains.
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No Heat
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No Water
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Sewer Backups
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Gas Leaks or electrical appliances especially refrigerators.
Maintenance and recreation fees are to be paid by the LESSOR.
The LESSOR puts the duty to keep the premises safe on the LESSEE. F.S.83.51 allows a LESSOR to put certain duties of maintenance on the LESSEE.
LESSEEs shall be fully responsible for and agrees to maintain and repair at LESSEE’s full expense, the following: A/C Filters, A/C Drain Lines, Washer/Dryer, Pest Extermination, Lawn & Shrubbery, Microwave, Swimming Pool and Hot Tub (if any), Water Conditioners, Plumbing, Smoke Detector Maintenance and Batteries, Locks, Window Locks, Light Bulbs and Glass Breakage.
INDEMNIFICATION: LESSEES agree to reimburse LESSOR upon demand in the amount of the loss, property damage, or cost of repairs or service (including plumbing trouble) caused by the negligence or improper use by LESSEE, his agents, family or guest.
So I know I have to pay in case it was indeed my dogs hair, since it's not covered under the rental agreement. After reading this, I contact my leasing agent (not the same one I talked to on the phone) through e-mail, and this is what I wrote:
Good evening -leasing agent-,
Thank you so much for your prompt action and response, we truly appreciate it.
The vendor contacted me almost immediately and the unit was fixed very quickly, our AC and the thermostat are running now without a problem.
I'm contacting you because I received a call today from the number (123) 456-7890 (I do not recall the name of the lady that was on the other side of the line) and she explained to me that apparently the AC unit was clogged and there is a cleaning fee, since according to the technician it was clogged with dog hair. I clarified that the unit was incredibly dirty when we first moved in, but that we didn't write that down within our property inspection because it's something we didn't notice within the first week. She also recommended that we change our filters monthly, where I also clarified that we do change them monthly without a fail, even more so because I have allergies and I'm asthmatic and not doing so would greatly affect my health .
I was also told that we would have to pay for the cleaning fee since they claimed it was full of dog hair and that was not covered within the repair. I expressed my concern and discontent with the situation since our dog being a terrier mix, has incredibly short hair in a very thin layer and she doesn't shed a bit.
The next reason as to why I'm writing to you, is because I'd like to also clarify this with you. Both my husband and I are willing to pay the cleaning fee immediately if it was indeed our dog's hair that clogged the unit. I was told that the pictures that the technician took of the unit would be sent to my e-mail for this purposes and that I would be provided with the invoice for the cleaning service.
I hope to hear from you (or whomever handles the maintenance requests) with the aforementioned pictures and information soon.
Thank you in advance for your understanding and time.
Sincerely,
OP (098) 765-4321
I guess what I'm asking is: Am I within my right to ask for an invoice and pictures for my records? Am I OK to request the lessor to provide with proof that it was indeed dog hair before I pay the cleaning fee? Any advice regarding how to handle this (if I didn't handle it properly) would be greatly appreciated!!!
Thank you all!!
TL;DR: I requested an AC repair from my leasing office. The technician showed them pictures and told them it was clogged with dog hair. They want me to pay the cleaning fee, but I'm wary of it because my dog's hair is not long or thick enough to clog the AC and before paying for the cleaning fee, I'm asking for invoice and pictures as proof that it was indeed my dog's fur and as proof of how much I actually need to pay. Is this OK?
Submitted April 23, 2016 at 05:45AM by kokomocat http://ift.tt/1VrrSvv legaladvice
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