I just purchased & occupy a 3 unit house in NH, utilities are included in rent (house not set up to seperate) can I incite the excessive use clause in the lease agreements by limiting the number and use (time of year) for such things as air conditioners?

I have a tenant in a one bedroom unit using three a/c units plus an unknown number of fans in weather that is cool and dry. Now that summer has ended (what summer?) I would like to require that the units be removed by the 15th of Sept. can I do this without violating his 'tenant rights'?

Thanks for your help, have a great day.

Hello plain:

Before we can answer with any degree of certainty, please cite the excessive use clause in YOUR lease agreement, in it's entirety.

excon

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Originally Posted by excon

Hello plain:

Before we can answer with any degree of certainty, please cite the excessive use clause in YOUR lease agreement, in it's entirety.

excon

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Beat me to the punch!

There are some current law suits where a government owned facility would not allow air conditioning prior to a certain date, there was a very early summer and it got to over 100 in the rental units, The current action is in the millions they are sueing for.

So you may want to review this with a local attorney to find the outcome of some of the current law suits in play right now
But several issues:

1. I will assume you have proper zoning. You will have either a multifamily or a rooming house zonning to even be allowed to collect rents legally.

2. Who do the air units belong to, you or the tenant, and who pays for them to be removed and replaced.

3. Have you discussed any special medical needs, I have some that require a cooler air, of course I have notified my landlord of this,

4. is the apartment with the extra air, upstairs where there may be heat from the lower apartments helping warm it.

You may have to consult with a real estate attorney on what sort of wording you can impose in your lease that you have the tenants sign. The fact that everyone's electric is paid for by you is something you may want to reconsider. You may want to consult an electrician about having each unit wired to it's own meter and having the tenants pay for their own electric. This might not be such a bad idea since that one tenant is running 3 a/c units and could possibly overload the whole house wiring and cause a fire in the walls from too much current usage. It's something you might consider before your house burns down around you.