My tenant signed a contact that clearly states that when he moves out the property must be in the same or better condition as at the time he moved in normal wear and tear excepted.
He mounted a TV and when the mount was removed he repatched, however he expects me to paint it. The whole wall will have to be painted professionally because I cannot just paint a patch and it is fairly large area. It is not a run down low end property.
He additionally scratched a new stove ceramic top with cast iron and my home warranty did not want to pay for it because they considered that a "vandalism".
He seems to think the is ordinary wear and tear and even threatens to take me to court. I do not think he will be able to win anything. I am in Tennessee.
I told him it will be more expensive for him to take me to court and that he will lose.
He was my tenant for 4 years.
Thoughts?
Is this a joke? He was your tenant for 4 YEARS and you're worried about painting a wall and replacing a cook top? I would expect more expensive turnover after 1 year, if that is all you have to do after 4 years of on time payments, you should count your blessings.
You seem unsettled by this. Imagine the angst you will have if this goes to court. Peace of mind is worth a lot in the end. Maybe for you, being a landlord isn't worth the toll.
this time around my contract actually has a temperature setting the tenant must follow
Honestly, this doesn't sound like the business for you. You should consider selling.
For these situations it all comes down to how was your relationship with him during those 4 years. If they were good tenants then i would not sweat the small stuff. If they were tenants that kept breaking every rule and taking advantage then yes i would turn it around and be more strict.
For these situations it all comes down to how was your relationship with him during those 4 years. If they were good tenants then i would not sweat the small stuff. If they were tenants that kept breaking every rule and taking advantage then yes i would turn it around and be more strict.
I feel it was ok. But he does like to throw his weight around. He did have his girlfriend living with him and I turned a blind eye, he never changed any filters as required by a contract so I covered for that, he didn’t properly cared for a new washing machine and it accumulated lots of mold so I covered for that as a courtesy. And I had to cap him on more than one occasion. I am totally within my right to charge him these fees. Frankly, he can do whatever he wants. Additionally, his car was leaking oil in my garage and my contract specifically requires that the garage floor is clean and no oil leakage.
@Kar Sun. Know your state’s landlord tenant laws — some allow tenant to sue for x times the damages charged plus attorneys fees; it can add up quickly. If wall was not patched correctly, you can charge to have professional fix it, but I know in my state, charging for paint after 3 years won’t fly, and unless it’s specified in your lease that he agrees not to use certain cookware, court may assume he doesn’t know his would scratch (I wouldn’t as always used gas) or even if court agrees with you, just award you remainder of useful life. Just saying that if you really can’t let it go, at least make sure you’re not in one of those states that let’s him sue for 3 x damages or more as it may be an expensive lesson.
@Kar Sun. Know your state’s landlord tenant laws — some allow tenant to sue for x times the damages charged plus attorneys fees; it can add up quickly. If wall was not patched correctly, you can charge to have professional fix it, but I know in my state, charging for paint after 3 years won’t fly, and unless it’s specified in your lease that he agrees not to use certain cookware, court may assume he doesn’t know his would scratch (I wouldn’t as always used gas) or even if court agrees with you, just award you remainder of useful life. Just saying that if you really can’t let it go, at least make sure you’re not in one of those states that let’s him sue for 3 x damages or more as it may be an expensive lesson.
I would avoid court if at all possible, our country has far too many courts in our business as it is.
Try to talk to the tenant and see if they would be willing to meet you part-way.
I had a tenant leave a hose on a spigot during the Winter and it caused the spigot to crack and leak inside the wall. I charged them because they left the hose on the spigot.
I have had similar issues with carpets where dogs caused the carpet to smell and we tried cleaning but it wasn't enough. I passed all the new carpet onto the tenant because it wasn't worn out it was ruined because of the tenant's actions.
Your time is worth way more than a few hundred bucks!
Kar sun. I hear you. I agree with you. This is not a run of the mill apartment. It's a nice place. AND maybe that is the problem. IF you give tenants nice things you will be heartbroken. That is the business. They dont't care. I suggest maybe you put in a used stove and keep the nice one for yourself. After 4 years I would expect to paint anyway, and a judge would probably say the same thing. In my experience, most tenants are mediocre, its rare that you find one that is meticulous and careful with your property. You should have pictures of the stove before and after, just in case he takes you to court. Try to relax and accept their imperfections. Take it out of the deposit if you have to, and provide a receipt for the expenses, and move on. Like you, I self manage, I'm very attached to my properties, those remodels are my hard work. But you have to let it go or it will drive you crazy. You're successful. Treat yourself to a nice dinner. Raise those rents as high as you can! Good luck.
Thanks.
I think the wall is a no brainer. The holes were huge. These were gaping holes, not just nail holes. He patched them up but he expects me to paint over his patching. So I have a taupe wall with white patches all over it. I don’t think I have to do it. I will hire a professional and will take it out of his deposit. I have the photos to prove everything. As far as the stove he damaged it. I have the photos to prove. Also my contract states that a tenant responsible for all appliances. Appliances are the tenant’s responsibly to keep things fair because I don’t provide cheap appliances. It is in a contract. Additionally I contacted a repair person as I have a home warranty. However they declined to fix it stating that this falls under “vandalism “ since it was a tenant s negligence. I will also deduct it.
I would avoid court if at all possible, our country has far too many courts in our business as it is.
Try to talk to the tenant and see if they would be willing to meet you part-way.
I had a tenant leave a hose on a spigot during the Winter and it caused the spigot to crack and leak inside the wall. I charged them because they left the hose on the spigot.
I have had similar issues with carpets where dogs caused the carpet to smell and we tried cleaning but it wasn't enough. I passed all the new carpet onto the tenant because it wasn't worn out it was ruined because of the tenant's actions.
Your time is worth way more than a few hundred bucks!
Kar sun. I hear you. I agree with you. This is not a run of the mill apartment. It's a nice place. AND maybe that is the problem. IF you give tenants nice things you will be heartbroken. That is the business. They dont't care. I suggest maybe you put in a used stove and keep the nice one for yourself. After 4 years I would expect to paint anyway, and a judge would probably say the same thing. In my experience, most tenants are mediocre, its rare that you find one that is meticulous and careful with your property. You should have pictures of the stove before and after, just in case he takes you to court. Try to relax and accept their imperfections. Take it out of the deposit if you have to, and provide a receipt for the expenses, and move on. Like you, I self manage, I'm very attached to my properties, those remodels are my hard work. But you have to let it go or it will drive you crazy. You're successful. Treat yourself to a nice dinner. Raise those rents as high as you can! Good luck.
Thanks.
I think the wall is a no brainer. The holes were huge. These were gaping holes, not just nail holes. He patched them up but he expects me to paint over his patching. So I have a taupe wall with white patches all over it. I don’t think I have to do it. I will hire a professional and will take it out of his deposit. I have the photos to prove everything. As far as the stove he damaged it. I have the photos to prove. Also my contract states that a tenant responsible for all appliances. Appliances are the tenant’s responsibly to keep things fair because I don’t provide cheap appliances. It is in a contract. Additionally I contacted a repair person as I have a home warranty. However they declined to fix it stating that this falls under “vandalism “ since it was a tenant s negligence. I will also deduct it.
Kar sun. I hear you. I agree with you. This is not a run of the mill apartment. It's a nice place. AND maybe that is the problem. IF you give tenants nice things you will be heartbroken. That is the business. They dont't care. I suggest maybe you put in a used stove and keep the nice one for yourself. After 4 years I would expect to paint anyway, and a judge would probably say the same thing. In my experience, most tenants are mediocre, its rare that you find one that is meticulous and careful with your property. You should have pictures of the stove before and after, just in case he takes you to court. Try to relax and accept their imperfections. Take it out of the deposit if you have to, and provide a receipt for the expenses, and move on. Like you, I self manage, I'm very attached to my properties, those remodels are my hard work. But you have to let it go or it will drive you crazy. You're successful. Treat yourself to a nice dinner. Raise those rents as high as you can! Good luck.
Thanks.
I think the wall is a no brainer. The holes were huge. These were gaping holes, not just nail holes. He patched them up but he expects me to paint over his patching. So I have a taupe wall with white patches all over it. I don’t think I have to do it. I will hire a professional and will take it out of his deposit. I have the photos to prove everything. As far as the stove he damaged it. I have the photos to prove. Also my contract states that a tenant responsible for all appliances. Appliances are the tenant’s responsibly to keep things fair because I don’t provide cheap appliances. It is in a contract. Additionally I contacted a repair person as I have a home warranty. However they declined to fix it stating that this falls under “vandalism “ since it was a tenant s negligence. I will also deduct it.
As skillet is a type of "pan". It a "frying pan". Why do you consider using a skillet negligent? It is a normal cookware item intended for use on a cook-top.
Also, why do you think his travel schedule a factor at all. He was a tenant for 4 years. He might cook every day or once a year, he has the right to use those items as much as he needs for 4 years the frequency isn't your concern at all and not applicable here.
I'm pretty new to RE. Own one local rental and closing on my first LDR! Woooo! I want to chime in though.
Will that ceramic top and patch job effect your rent if you leave it? Will if cost you possible tenants when they consider renting from you? I wouldn't think so but again, i'm pretty new to this. Even if you get the money, is it worth replacing and repainting right now?
Anyway, i hope everything works out for you! Definitely learned a few things with this thread. Thank you!
@Richard F. is exactly right. You clearly feel strongly about this so go ahead and see.
If I had to guess, judge says stove normal wear and tear, and depreciates it ala richard. Then would want to see the receipt for wall painting. In MA you can only deduct for actual expenses not labor you do yourself. Could be exactly the opposite. I wouldn't put too much stock in the "vandalism" wording either, but it might help.
Your contract can say anything it wants. A judge/magistrate will decide if it is enforceable. I mediated similar disputes in court by the way. Outrage is not always helpful...good luck.
I would avoid court if at all possible, our country has far too many courts in our business as it is.
Try to talk to the tenant and see if they would be willing to meet you part-way.
I had a tenant leave a hose on a spigot during the Winter and it caused the spigot to crack and leak inside the wall. I charged them because they left the hose on the spigot.
I have had similar issues with carpets where dogs caused the carpet to smell and we tried cleaning but it wasn't enough. I passed all the new carpet onto the tenant because it wasn't worn out it was ruined because of the tenant's actions.
Your time is worth way more than a few hundred bucks!
Hopefully, you can do it without too much time invested.
All
Thanks for chiming in.
I had a walkthrough today.
tenant fixed everything and the place looked spotless except for the washer that should be easy to clean.
he will get all his deposit back.
Dang all that stress and he fixed it 😀
I agreed with your points actually.
It was disappointing to read other landlords think we should spot paint a wall when the tenant wasnt given a spot painted wall. Especially if your lease specified they could not put holes in the drywall and did anyway. Mines do, and this is why.
If you didn't already, add an addendum that outlines the expexted operation of the stove and what shouldnt be used on it. Even if you wouldnt win that argument in court, at least the tenant knows and you wont have a fight over it.
Please share more about the temperature setting rules, what temperatures you specified, and why? On the surface it sounds extreme to tell a tenant what can be comfortable for the.. The only things that come to mind are settings that are too low and may damage the HVAC or too high and damage the floor. I'd like to learn.
All
Thanks for chiming in.
I had a walkthrough today.
tenant fixed everything and the place looked spotless except for the washer that should be easy to clean.
he will get all his deposit back.
Dang all that stress and he fixed it 😀
I agreed with your points actually.
It was disappointing to read other landlords think we should spot paint a wall when the tenant wasnt given a spot painted wall. Especially if your lease specified they could not put holes in the drywall and did anyway. Mines do, and this is why.
If you didn't already, add an addendum that outlines the expexted operation of the stove and what shouldnt be used on it. Even if you wouldnt win that argument in court, at least the tenant knows and you wont have a fight over it.
Please share more about the temperature setting rules, what temperatures you specified, and why? On the surface it sounds extreme to tell a tenant what can be comfortable for the.. The only things that come to mind are settings that are too low and may damage the HVAC or too high and damage the floor. I'd like to learn.
My new tenant has it in a contract that the temperature cannot be below 73F. My previous tenant kept it at 66 F in 100 F weather. I do not think it is reasonable and I am unable to satisfy this requirement for the tenants. If they break the unit it can easily cost me 10-15K to replace. I will actually change out the thermostats to the ones that have restrictive ranges. I really could not believe how disappointing it was to read landlords telling me that I have to put up with this crap. The thing is we do not receive money for nothing. We provide service and roof. My tenant painted only because I stood firm. He was the type who wanted to get advantages and perks. Guess what?-NO! I run a pretty tight ship and I let the tenants know the good tenant is the one following the contract. Not the ones who pay on time and them ask me to jump through the hoops. That won't work.