As a property manager you undoubtedly wear many hats: negotiator, salesperson, general handyman, etc. One responsibility that comes into increasing focus during the dog days of summer is keeping the AC running. Due to some looming legal changes, that responsibility might just get a bit more expensive. 

First, let’s talk about the landlord’s duty when it comes to HVAC systems. Virginia Code section 55.1-1220 requires a landlord to maintain, in good and safe working order, air conditioning supplied or required to be supplied by him. In other words, you don’t have to have AC in the property, but if you do, it must be maintained and in good working order. As the landlord’s agent, that job often falls to you. 

We’ll assume that for the most part, property managers are outsourcing this maintenance to a dedicated HVAC company. If so, you and your landlord client might want to prepare for higher costs in this and future summers. That’s because one of the main sources of refrigerant used in AC and heat pump systems is being phased out. 

R-410A refrigerant is the chemical compound that replaced Freon in most units, especially since Freon was banned from new air conditioning systems in 2010. Unfortunately, R-410A also presents an increased risk of environmental harm, and so it can no longer be used in newly manufactured HVAC systems. 

While it is still legal to use R-410A in pre-existing systems, companies in the U.S. are phasing down its production over the course of several years. That means that as the inventory shrinks, prices could rise for recharging systems that use it. 

So, what can you do as a PM? First, you should let your landlord client know about this. While it is not imminent, and current supplies of R-410A should hold out for a while, it might be good to proactively think about a new, more efficient system. In the meantime, you and your clients should be prepared for the potential of higher costs on service calls.  

If you have any questions on the specifics of the property’s HVAC system, we recommend calling the HVAC contractor that you use. And, as always, for any legal questions we’re always there for you on the Legal Hotline.