1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Does tenant own air conditioner he/she installed? Repairs, Maintenance

Discussion in 'Commercial Landlord & Tenant Issues' started by Hatrabbit, May 9, 2015.

  1. Hatrabbit

    Hatrabbit Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    This concerns a rental in a beach community. It is not uncommon there for businesses to not have air conditioning. If a tenant decides thay need AC installed and the landlord agrees to let them install it, do they then have the right to take it when they leave? Bear in mind the removal of the equipment will leave a hole in the roof needing to be closed, and many other cosmetic repairs needed inside.
     
  2. army judge

    army judge Super Moderator

    Messages:
    30,438
    Likes Received:
    4,143
    Trophy Points:
    113

    Tenants are normally barred from modifying the rental unit unless otherwise specified in the lease.
    Read the lease.
    If the unit has no air conditioning unit, only the landlord can allow the tenant (in writing) to modify the property to install the unit.
    If the tenant is allowed to install an air conditioning system, the landlord can specify in writing that it NOT be removed upon the tenant's departure.
    Naturally the tenant must agree in writing to the terms, too.

    Why not install window units, eliminating any modifications to the property?
     
    Last edited: May 10, 2015
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    8,926
    Likes Received:
    509
    Trophy Points:
    113

    If the air conditioning unit is not "permanent" in nature such as a window unit, generally this is the property of the tenant. But if the device requires installation that makes it more "permanent" in nature, it might be considered a fixture. This virtually always requires permission of the landlord - just like army judge states. I've done some commercial leases and - as army judge says again - these issues are usually governed in the lease. I have rarely seen one that doesn't require the reasonable approval by the landlord regarding work to be done or the work to be done has been preapproved in the lease.
     

Share This Page