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HVAC Problems

What are HVAC Laws?

HVAC laws overlook the heating, ventilation and air conditioning in real estate properties. HVAC laws can be confusing if individuals do not have enough information about them. Given below are some of the common questions about HVAC laws and HVAC issues that are asked by individuals.

Would the Tenant be Responsible for the Replacement of an HVAC System that has not been Working for More than Ten Years?

According to HVAC Laws, the tenant may not be responsible for the replacement of the HVAC system that has not been working for more than ten years. Replacing the HVAC system would be a part of any structural improvements that may be done to the property and this would be considered to be the landlord’s responsibility.

What can an Individual do if his/her Warranty Company does not Agree to Repair the HVAC System?

If a warranty company does not agree to repair the HVAC system, the individual may sue the warranty company for breach of contract. However, before doing so, the individual may make sure that the warranty company does not have a valid reason for not honoring the warranty. The individual may either send a letter to the warranty company telling them why they need to honor the contract or depending on the amount of repair, the individual may sue the company in a small claims court.

In a Commercial Lease, who would Retain the Possession of Additions made to the Property like HVAC?

In a commercial lease, any item that may be a trade fixture and added to the property by the lessee, will remain the property of the lessee and can be removed once the lease is terminated. As per the HVAC laws, HVAC systems may not be trade fixtures and once added to the property, are owned by the property owner. The lessee may not remove these when he/she moves out of the property even if he/she added it to the property.

How can an Individual find out if a Builder uses a Non Licensed HVAC for his/her new home?

In most cases, if there is no public official to overlook the construction of the new home, then the general contractor’s license may cover the HVAC contractor as well. Hence, the individual may check with the general contractor if he/she wants to know if the HVAC has a license or not. If the individual does not get satisfying answers or the HVAC has no insurance cover, the individual may report the general contractor and the HVAC contractor to the state licensing authority.

Can the Unit Owners Sue the Condominium Board for not replacing the HVAC Pipes?

If a condominium board does not replace the HVAC pipes and does not authorize the unit owners to change them either, then the unit owners may have the right to sue the board of directors at the condominium. If several unit owners are affected by the HVAC problem, then a class action may also be taken against the board so that the board may take immediate action.

Would the Tenant be Responsible for HVAC Repairs in a property?

If the lease agreement mentions that the owner of the property is responsible for HVAC repairs, the tenant would not have to pay for it. The tenant may send a copy of the agreement to the owner of the property with a certified letter informing him/her that as per the lease, he/she would be responsible for the repairs.

HVAC laws may have provisions for both the tenants and owners of the property in case there are any HVAC issues with the property. Knowing the provisions of HVAC laws and understanding what one’s liabilities are towards HVAC will help individuals take the right steps towards solving any HVAC problems that they may be faced with.
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