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Attorney Arcadier
Attorney Arcadier, Attorney
Category: Business Law
Satisfied Customers: 1106
Experience:  Contract questions and Incorporation questions answered.
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We have home warranty insurance for our rental home. The air

Customer Question

We have home warranty insurance for our rental home. The air conditioning unit has not been working for the past 10 days. We did call the company to come and fix but after many promises, no one was ever showed up. What should we do? My tenant is threatening to sue me. Property manager suggests I give one month discount to them. Any advice how I should respond to both?
Submitted: 4 years ago.
Category: Business Law
Expert:  Attorney Arcadier replied 4 years ago.

Attorney Arcadier : After you have evidence in writting that you tried to get warranty to fix, and nothing happens, then, fix air yourselves and bill the warranty company. If they dont pay, then you sue them in small claims. As for your tenant, if you are able to fix asap, then give a discount. Start with half a month.
Customer :

Should I even warn them first or go ahead with the fixing? The unit is worn out and my technician suggested we need to replace it. This unit has been having problem for the past year. Replacing it will save money on the long run.

Attorney Arcadier : Problem is that you will need to have evidence that you gave the warranty company a reasonable opportunity to correct problem.
Attorney Arcadier : so, i would suggest you put them on notice, give them one more full business day to fix, and then if nothing happens, then fix it yourselve.

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