Q: In my lease, I require that the tenants change the filters for the air conditioning every month. A tenant just moved out after 2 years and it doesn’t look like they ever changed the filters once. Is there anything I can do?

A: Like all other claims regarding the condition of the property, the issue comes down to whether there was a breach of the lease and what damages you sustained as a result. If they failed to follow the lease and didn’t change the filter once in two years, they were clearly not complying with the terms of your lease. The more difficult issue is determining what your damages are. If your unit is still working, you may not have easily identifiable and quantifiable damages. You would likely need an expert, AC contractor to give the judge perspective on the quantifiable damages you have suffered. It would then be up to the judge. If changing AC filters is important to you, I would strongly advise you inspect your homes twice yearly to ensure that basic maintenance is being done.

Mark B. Zinman, Attorney

Information contained in this article is for informational purposes only and should not be considered legal advice. You should always contact an attorney for legal advice and not rely on information published here.