Thanks for the input all. I honestly don't mind paying a fee (still unsure of what the is) to have it installed. It was more the way the landlord went about explaining how we have to pay and how he came off. That coupled with the fact there is no question of our other unit going in and the new windows being installed it raised some flags for me.

Also, legally the AC unit becomes the property of the landlord as "chattel" (attachment to a property) unless they are trade fixture (doesnt seem in your case) or you have specific permission from the landlord that you still can take it when you leave the unit. This doesnt need to be written in any lease.

I would strongly suggest that you take landlord's permission. If this goes to court, you may not only use this AC unit, there will be ground for eviction AND you may loose security deposit if there is any damage to the new windows (setting aside the liability issue, which in itself is a big thing).

If it goes to consumer court, don't rely on the lease as "capture all". This should be of more concern to you as Landlord has now specifically asked you to refrain from doing the installation on your own.

I would caution that if the tenant convinces the landlord that he can't charge him due to the lease wording and then tenant installs on his own, ANY damage done as a result is legitimately deductible from the security deposit. If you rub landlord the wrong way by being a stickler over this, he could eventually charge you more than the cost of the install.

This was great info - thank you for the input! Now the next question is how the tenant communicates that effectively to the landlord so the landlord complies.

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Landlord -- if you have not done so -- just remember to just add such a clause to all your renewal leases -- the clause can even state that window units must remain in windows year round (if that is what you want) or AC units can only be removed or reinstalled by landlord (or agent) and the fee will be $--- per AC unit (per installation or removal) -- you should also have something like this for blocked drains and lost keys, etc. etc.

Landlords beware. If it's not stated in the lease it's not part of the deal. If the lease doesn't prohibit use of window acs and has no clause stating tenant will be charged for installation such a requirement cannot now read into the lease. Whether such a charge is "reasonable" is irrelevant.

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So if there is no language in the lease about the air conditioner issue, the tenant doesn't have to pay? That's interesting.

As always, your lease controls.

I would think it's a smart move liability wise, too. Look at that little boy who was killed in Brooklyn over an old/improperly installed concrete window box that fell off and crushed him. The landlord would likely be partly responsible if a faulty air conditioner fell out of a window on either side and injured a tenant or passer-by.

As long as the charge is reasonable, I don't see an issue with that.

Yes, I think it's reasonable. If he wants it properly installed, that means exterior support brackets, and I would not trust a tenant to install that equipment properly. Even just a small unit can damage a new vinyl frame if you don't put in wooden support blocks.

Hey all,

So here is the scenario:

I live in a 8 unit apartment building and our landlord just replaced all of the windows in the living areas. The old windows were terrible, rotted wood, drafty and should likely should have been replaced long ago. Due to that fact we have used a portable AC unit (large floor standing unit) as a window unit would have ripped the window framing out.

As we just got the windows replaced I was excited to finally be able to get a window unit and get rid of my portable unit (save space and better efficiency). Anyway, the landlord is understandably very concerned about his new windows and does not want them messed up. I was told that we can not use window units and if we want to he must have out super install them and we must pay him a fee to do so. I can quite easily install my own window unit, he doesn't own it.

Is he allowed to do this? I should also note we have a window unit in our bedroom where the windows are newer, we put it in and out each season with no question from the land lord. It seems crazy that solely because he is concerned about the condition of his windows he would charge us to do something we can easily do ourselves. Any feedback would be much appreciated.

Thanks.