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Updated over 2 years ago on . Most recent reply

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105
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Han T.
  • Investor
  • Columbus
46
Votes |
105
Posts

Tenants forcing trivial maintenance requests via Rent Escrow

Han T.
  • Investor
  • Columbus
Posted

[Advice needed]

Tenant has made multiple trivial maintenance requests, we have fixed some, and some of the others, we are in the midst of fixing. 

However we did not agree with all the issues they have raised. For example, they are making repair request for paint peel (see picture below), and a hole in the vanity board (see pic below). These does not affect the quality of life (safety, hygiene, security) and are mainly aesthetics. We have explained to them previously that these are not urgent issues, and its the landlord's prerogative to decide to fix now or later.

I plan to appeal but as an out-of-state investor, it is very challenging. Are there any advice for out-of-state investor? My last resort would be to engage a Property Manager to handle this, but even so, I'm not sure how can the Property Manager help. Tips from experienced landlords or Property Managers?

Furthermore, tenant has made multiple requests to purchase the home. When rejected, they then start to make multiple trivial maintenance request, its like death by a thousand cuts. In 2 months, I have already spent more than $5K on trivial repairs and breakdown, even on new equipment, i.e. AC broke down, despite being 2 years, Hot water heater was reported not working, after 3 bouts of plumbers going out assuring them that the hot water heater was working, it mysteriously started leaking and need to replace the pressure release valve (Point 1). Tenants lease ends Next May. I have reached out to them for the happy clause but they refused. Is there a way to sort of get them out of the lease? 

My gut sense is, after we fix this round, they will come up with another list of items to be fixed. 

So in summary, my question is:

1. Any tips from experienced landlords or property managers how to handle such non-urgent, trivial maintenance requests with the court?

2. Is there a way to get them out of the lease?

-------------------------
This post is expanded/continued from the previous post.

https://www.biggerpockets.com/...

Point 22: Minor Paint peeling, there were water damages in the past but the leak has been fixed. No evidence of active leak, this is an aesthetics repair.

Point 23: Hole under the vanity - behind the hole, is the toilet wall. Why should I be rent escrowed to fix this up?

Most Popular Reply

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28,167
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,255
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28,167
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

I would talk to an attorney.

Here's a guide regarding rent escrow. I'm curious to know if they waited the appropriate amount of time. Regardless, I doubt these minor repairs qualify for escrow and the tenant can typically only escrow the amount needed to make the repair, not the entire amount of rent. Are they actually escrowing the money with a neutral party, or are they just withholding rent? One is legal, the other is not.

Personally, I would contact an attorney and start termination. These people are obviously playing you and it's not going to get any better. You should be able to terminate them based on non-payment of rent and other behaviors.

  • Nathan Gesner
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