If you are renting or considering to rent your apartment/property or commercial space, you are probably trying to gather as much information as possible regarding your rights and obligations about your air conditioner, and air conditioner repairs in your rental. And considering the warm Australian climate, it is understandable that air conditioning to us is equally important as heating is to the rest of the world. There are several burning questions that need to be answered. For example, who is responsible for fixing a broken air conditioner? Who pays for repairs? Can I ask a landlord to install an air conditioner?
What are Renter’s and Landlord’s Rights and Responsibilities?
Landlord is obliged to keep furniture, dishwasher, stove, washing machine, fridge and air conditioner in functioning state. If any of these objects break, a tenant has to contact the apartment owner and inform them about the malfunction. The landlord then has to take all measures to repair the damage.
It is always a good idea to have the request in writing. If a landlord refuses to repair the broken piece, the tenant has the right to ask him or her for a rent reduction in exchange for fixing the device themselves. The alternative is to take the homeowner to court.
The exception is in case you’ve given up your rights by signing the lease. So, before any document signing, make sure that it says that the landlord is responsible for fixing the air conditioner in case it requires repairs. By the state law, a homeowner has to guarantee habitability of the property. If the aircon is broken, the apartment might no longer be habitable due to unbearable heat.
Besides the above mentioned appliances and furniture, a landlord is also responsible for plumbing.
The exceptions are in cases when renter is directly responsible for the damage due to improper handling and maintenance of the device. Renters are obliged to keep the premises clean and to handle the devices according to manufacturer’s recommendations. As for the air conditioners, that means cleaning the filter on a regular basis.
Who Pays for Air Conditioning Repairs in a Commercial Property?
If you are renting a commercial, retail, or industrial space, it is important that you clearly identify in your lease agreement who is responsible for HVAC maintenance and repairs. In most agreements, the landlord is responsible for undertaking commercial HVAC repairs, and is required by law (AS/NZS 3666.2:2011) to contact a technician to conduct regular maintenance checks.
However, many commercial tenants are still responsible for basic maintenance air conditioning maintenance tasks. These include cleaning out the filters and ensuring that the thermostat is programmed to best suit the system’s energy efficiency.
If you are thinking of renting a commercial space for your business, ensure that you clearly communicate with your landlord about each party’s responsibilities and expectations in repairing the HVAC system.
What if There is no Air Conditioner in the Apartment?
If you want to rent an apartment that does not have an air conditioner, you can ask your landlord to install one. This is what we call a property improvement. In that case, the homeowner has the right to ask you for extra money for the rent, which is usually $5 to $20 per week.
What is the Importance of HVAC Maintenance for Rental Properties?
HVAC maintenance is crucial for rental properties, ensuring optimal comfort and efficient functioning. Neglecting regular upkeep can lead to numerous problems, such as decreased indoor air quality, higher energy bills, and costly repairs. Proper maintenance enhances air circulation, preventing mold growth and allergen buildup, promoting healthier living environments for tenants. It also extends the lifespan of HVAC systems, reducing the need for premature replacements and associated expenses.
Moreover, well-maintained HVAC systems contribute to tenant satisfaction, attracting and retaining reliable renters. By prioritising HVAC maintenance, landlords can safeguard their investments, minimize disruptions, and demonstrate a commitment to tenant well-being, ultimately fostering positive landlord-tenant relationships.
So who does Pay for Air Conditioner Repairs In A Rental
So to recap, according to the state law a landlord is obliged to repair a broken air conditioner, washing machine, dishwasher, stove, and other appliances provided by them. This also includes plumbing and furniture. The exception is when the lease says otherwise. On the other hand, a renter has to keep the premises clean and to maintain the devices according to manufacturers’ recommendations. If the air conditioning or HVAC system malfunction occurs due to renter’s negligence, the landlord does not have to cover the costs of repairs.
To avoid any problems with your landlord or even lose a place to live, document every problem that occurs and make sure to keep the receipts of every repair you have paid. If your aircon needs regular maintenance or repair, do not hesitate to contact our team.
