Re: Complex HVAC system change - Landlord Forum thread 324682

Re: Complex HVAC system change by MrDan (Georgia) on September 18, 2014 @16:08

While there is not much you can do with the current lease, if the lease is renewing or you are going to enter into a new lease with the current or new tenant, there is wording which can be placed in the lease agreement which could address the situation and help to protect your financial interest. Here is some sample wording I came across in a Florida lease, you may want in your new leases:

In the event a condominium association or homeowner's association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services, and the association decides these services will no longer be provided, Tenant agrees and understands that Landlord and/or Agent shall not be required to replace, provide or pay for these removed services for Tenant. Tenant may opt to pay for non-essential services, but shall be required to pay for essential services including but not limited to water, sewer and trash, if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by Landlord or Agent, nor shall it constitute a default under the lease. The failure of Tenant to retain and pay for essential services upon notice and demand by the Landlord or Agent shall constitute a material breach of the lease.

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