Posted by Brenda Whittaker on September 26, 2003 at 24:32:31:
This maintenance provision is a good idea, I have one in my rental agreements. The tenant is responsible for the first $50 of anything that needs to be done. In my case, they generally do even more than that - they don’t seem to want to be bothered by my repair people, instead, they fix everything themselves, but again, you need to keep an eye on what they are and are not qualified to do.
tenant repairs discounted rent - Posted by luke-NC
Posted by luke-NC on September 22, 2003 at 07:25:55:
I have a tenant who calls me about everything and wants to discount their rent for any repair/improvement they want done on the property.
I know major repairs (electrical, air conditioning, etc.) are legit, but now, this tenant is sending me partial rent with receipts for her paying for carpet cleaning, painting, and this is a 3 year old house. Of course everytime her payment is going to be late, I get a call about some repair needing to be done.
Anyone had this issue?
Re: tenant repairs discounted rent - Posted by Brenda Whittaker
Posted by Brenda Whittaker on September 26, 2003 at 24:26:27:
LUKE! GET A NEW TENANT!! You should have in your rental agreement that no repairs are to be done without your written consent, then you ONLY do what is necessary, and then you hire a professional for these repairs - carpet cleaning should be her own responsibility, and I hope your not paying for her to paint! You paint when you are changing tenants, not while they’re in there, that should be their responsibility, and only if they have written consent from you. Your tenant is controlling you, and you need to take it back, asap! I had a couple of tenants who were mad because I evicted them - they were total slackers, but I let them stay through Christmas because of their kids - anyway, I took them to court, and they brought photos to the judge of “landscaping” they did, and tried to charge me $600. They were smooth, witty, and won the judge over, but legally, they could not charge me because I did not approve any such work. They lost in court, of course, and were forced out of the house. Take control.
Re: tenant repairs discounted rent - Posted by Frank Chin
Posted by Frank Chin on September 23, 2003 at 09:48:09:
Luke:
I have a clause in the lease where the tenant is responsible for small repairs under $200.00.
They you SCREEN SCREEEN and SCREEN.
I would also have a sit down with them. I tell tenants walking in what they see is what they get. In other words:
1- We’ll discuss painting if they’re there five or more years. Otherwise, they need permission to paint.
2- They are responsible for carpet cleaning, and cleaning in general. You do not supply maid service.
I also screen to make sure they are somewhat older, handy, and stable, especially for SFH’s.
I don’t expect people who just moved from mom, can’t even cook or do the laundry, to do minor repairs. One tenant’s idea of fixing a leak under the sink is putting a pot underneath it.
Frank Chin
Re: tenant repairs discounted rent - Posted by Bryan-SactoCA
Posted by Bryan-SactoCA on September 22, 2003 at 19:44:29:
She’s using “repairs” as an excuse not to pay you the full rent. You should consider her as being in violation of her lease (not paying full rent when due) and start eviction proceedings.
Re: Consider this - Posted by Ed Copp
Posted by Ed Copp on September 22, 2003 at 18:39:47:
In my state when a person does something for me, and I receive something of value an employee, employer situation is created. I must then carry workers comp insurance on “my employee”
So you have an “employee” who is cleaning your carpet for you (a thing of value) for a fee (in this case a reduction in rent). Of course you do have workers comp insurance on your employee, don’t you.
Now suppose that the tenant is in thier car going to the home center to return the carpet cleaner. The poor little stressed out housewife, while correcting the two year old in the back seat, slams into a school bus killing a child. Could this happen? I think it is possible. Is this driver your employee, on a business errand for you? It is at least possible.
Is it possible that you might be sued for a lot of money here. Possibly even forced into bankruptcy? You think about it, I think it is a possibility.
This situation exists only because you permit it. I would suggest that you stop permitting it.
Re: tenant repairs discounted rent - Posted by Brent_IL
Posted by Brent_IL on September 22, 2003 at 10:11:48:
Some lease/option contracts make the tenant responsible for repairs, i.e., triple net. Most commercially available leases do not allow tenants to arbitrarily take a credit for repairs.
Unless your lease says otherwise, major repairs are not legit. The tenant is messing with you. It is the tenant’s responsibility to inform you of needed repairs. You fix it. If you don’t fix it they can escrow their rent or make emergency repairs.
Check your lease and enforce the provisions. If you let it slide, you will have problems as long as she is living in your property.
Re: tenant repairs discounted rent - Posted by Randy
Posted by Randy on September 22, 2003 at 09:28:27:
Sounds like you have a tenant abusing the maintenance provision of your lease. What are the conditions of the lease? IF carpet cleaning and painting is included on a scheduled basis then allow those deductions but only after pre-approved by you in advance. You can get tenants that want to clean their carpet every month, if it?s not in the lease it?s at the tenant?s expense. Send her a polite letter reminding her the rent payment was short and your giving her 10 day?s to correct the underpayment or you will be forced to begin eviction proceedings for failure to meet the terms of the lease agreement.
One effective way to minimize the annoying calls and late payments is to charge higher rent and include a discount of 10%-15% when the rent is paid early or by the 3rd of the month, tenant performs routine maintenance (broken window, clogged pipes under $50) and cares for the property doing routine maintenance.
Re: tenant repairs discounted rent-No Way! - Posted by Linda Simms
Posted by Linda Simms on September 22, 2003 at 09:17:38:
Make sure your lease states clearly who is responsible for what. Also make sure it has a clause in it that no repairs can be deducted from the rent under any circumstances. Make sure it contains a late fee clause and stick to it. You could either include a no pay for repairs clause or state the tenant will pay for all repairs up to a set amount. Don’t let a tenant run you around the flag pole. This is a business, get tough and make them tow the mark or get rid of them.
Re: tenant repairs discounted rent - Posted by Brent_IL
Posted by Brent_IL on September 26, 2003 at 01:23:18:
About a year ago, several posters pointed out to me that in some states a rental discount is illegal.