Rental dispute with the tenant

Rental dispute with the tenant

Karl ForsheePro Member
Member since 2018 · 9 posts · 6 votes

so I'll do my best to condense the situation down.

Last September I got soft hearted and agreed to a renter who had been down on his luck  (ya I know don't think with the heart) and that the rent was  going to be paid by the Idaho Housing Authority.  He applied in early September of last year but we didn't let him move in until the very end of of September as we wanted to make sure that Idaho agreed to pay on his behalf as nobody  could confirm until the check was cut. Idaho paid for four months of rent plus the deposit.  their letter specifically mentioned that the rent was for September, October, November and December.  

Go forward to December and true to form we get a notice that Idaho ran out of money in thier housing budget and they will no longer be able to continue the rent payments.  However, the good news is that the tenant was able land a good job and says he can continue paying the rent without issue.  The problem is he believes that since he didn't move in until the very end of September, he shouldn't have to pay until Feburary 1.   Our argument is that since we held the place from his application in September and that the rent was specified to be from September to December he should start paying the rent January  1.  We offered a compromise of him only paying half the rent in January but he is still refusing.  I have called the Idaho Housing Authority and they reiterated that the rent was from September to December. But, it's up to us the landlord to decide on how to proceed next.

So what are your thoughts on this matter.  Are we crazy? 

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Russell BrazilBusiness Member
Moderator
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
2y

This is very simple, you can only charge rent for the time someone lived in the property and signed a lease. So if you were paid rent for September, and the tenanant wasnt actually living there, your ledger should reflect that. You should have a rent ledger showing when charges are made (typically the 1st of the month, though not nessecarily) and when payments are received. You dont get to back date a charge to the begining of September without someones consent via a lease stating so.

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  • Investor · MD · Member since 2023 · 71 posts · 45 votes
    2y

    Hi Karl! (I’m not at all familiar with the laws in your state.. but assuming it’s similar to mine) Personally I would let the tenant know that it’s their choice but you’ll start the eviction process as soon as they miss rent. 

    You should however call a property manager, realtor or lawyer in your area and ask how to handle that situation, I’m sure it’s not the first time it’s come up if it’s happening to you. 

    Good luck!

  • Michael SmytheBusiness Member
    Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
    2y

    No one can solve this problem but you!

    You are the owner and final decision maker.

    An idea to consider: tell the tenant you will forgive the January rent if they make their remaining lease payments on time. This would be the proverbial win-win.

    If the tenant does NOT agree, it will show that they are unreasonable - and you can expect that to continue. Might influence you to just get rid of them and avoid future problems with them.

    Also, this sounds like a Class C tenant. Not sure if you have a Class C property, but if you do you can expect more drama with future tenants. It's the nature of the Class C market. Ask yourself if this market is for you. If not, you probably want to sell and buy a Class A or B property - or hire a great PMC.

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    2y

    This is very simple, you can only charge rent for the time someone lived in the property and signed a lease. So if you were paid rent for September, and the tenanant wasnt actually living there, your ledger should reflect that. You should have a rent ledger showing when charges are made (typically the 1st of the month, though not nessecarily) and when payments are received. You dont get to back date a charge to the begining of September without someones consent via a lease stating so.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    You offered to split the difference (which is what I would have done as they didn't move in until the end of Sept) and they've effectively gotten 3 months of free rent as someone else paid for it.  I'd give them notice and tell them to pay up or move out.

  • Investor · Rochester, NY · Member since 2016 · 576 posts · 358 votes
    2y

    Regardless of how the state noted the dates on their payment, you can't charge rent for a time period when you didn't allow the person to move in. You can (should have) charged a holding fee, which you would have stated, and he agreed to, in August or September. Seems like it's too late to bring it up now. Pro-rate the September rent for just the days he lived there. 

  • Investor · Richmond, VA · Member since 2023 · 459 posts · 474 votes
    2y

    Remind the tenant that they signed a contract (lease) to pay the rent and that although you understand their situation you will need to begin eviction proceedings on X date.

    I recommend offering them cash to leave. I have done this before - given the tenant a month's rent in cash to be out and it worked. It was a deal for me because it takes about 2-3 months to get through eviction here in virginia if all goes well (longer if they fight it). This let me get the property back in service quickly.

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