Pay for dryer repair?

Question

I gave my renter 30 days notice at the beginning of February because I  need to sell my house and since then he has done nothing but try to  cause me trouble. I believe his latest attempt to give me grief is  complaining of a broken dryer(possible tampered with). The lease mentions the dryer as "personal  property" so am I obligated to pay for the repairs? Also the renter has  an unpaid bill and I am wondering if I can deny repairs until the bill  is paid? (The bill is his portion of a garage repair for damage caused  by him.) Lastly, I am wondering how long I have to make the repair if I  am indeed responsible-all I can find is documents saying within a  reasonable period-how long is that since the property is still  inhabitable? Phoenix AZ

Scott Weaner · Answer

New Dryer:

Elizabeth Colegrove · Answer

While I am a HUGE believer in "never say never".

I personally am not a fan of cash for keys! I would rather pay lawyer fees than cash for keys to a problem tenant.

What does your lease say?

My lease says all expenses are taken out first, rent second. Therefore if he hadn't have paid the garage door I would take that out first. Than the rent. If the rest of the rent wasn't paid I would start a 3 day quid after a strong late letter :) Just me! I don't fool around!

How much time does he have left on his lease? I would respond back that you would be happy to fix the dryer, but if any  damage at his fault you will bill him. Than schedule a repair, etc.

Adam Johnson · Answer

@Maddie Rodman - do you have the ability to remove the dryer in order to "drop it off at the appliance repair place to have it checked out?" wink, wink

If so, they might be "really busy" and then have to "order parts".

In NY, if it is present when the tenant moves in, it is the landlords responsibility to maintain it.  However, since this is not really as much a habitability issue as much as a convenience issue, you may find that creative foot dragging is effective to help the tenant find the door.

Personally, I HATE offering up cash for keys until I have exhausted all other means, such as making it rather inconvenient for the tenant to do certain repairs.  I have gone so far as telling the tenant straight up that it would be much easier for me to repair the problem after I evict them and they no longer live there.

I had a tenant that I recently disposed of.  They had a LOT of traffic in/out of the unit.  They also had a number of break-ins where a substantial amount of cash allegedly came up missing, but they were pretty laid back about telling me, merely asking me to keep coming and fixing a door that kept getting kicked in.  They drove a very nice car and once said to me (while I was there fixing the door) that they were looking for a "nicer place to live that was better maintained".  Perfect, next time the door got kicked in, I put a big piece of bare plywood across it, on the inside of their living room.  It was very ugly, but they still had another door they could use and it was on the first floor so emergency egress was no concern.  I told them straight up that it would be far easier to fix after they were gone.  When confronted directly, they never once disputed my unverified claim of illegal drug activity attracting all of the vandalism to their place.

There are a lot of creative ways to beat them at their own game.  In my case, I knew that having that ugly piece of plywood would make them lose credibility with their "customers".  I also knew they were unlikely to take me to court because of what they were likely doing.  So I got a little creative and solved my problem far faster than eviction court.

In your case, you should do SOMETHING, but you can probably get away with a little bit too if you are creative about it.  Not legal advice here, just a couple ideas for your consideration.

Good luck.

Account Closed · Answer

I know this doesn't help you in your present situation, but I've been down the rental path. I stopped doing rentals several years ago. In the future, at least consider owner financing properties. If you find good end buyers (that's an entire different subject of itself), they can maintain the house for you and you don't ever have to worry about maintenance. Of course, you have to find a good, responsible person with a job and 5k down at least. They are a different animal from the renter you are describing.

Adam Johnson · Answer

@Scott Weaner - perfect solution, I love it!  Thanks for the good laugh

Chas Fabiano · Answer

The Eviction Process in Arizona

If, upon receiving a written notice, the tenant does not move out or remedy the specified violation, the landlord may then begin the eviction process by filing a complaint with the courthouse in the county where the rental unit is located. In Arizona, an eviction lawsuit is also called a special detainer action. After the landlord files the lawsuit at the courthouse, the tenant will receive a copy of the complaint and a summons. The summons will give the tenant instructions on when to appear in court to answer the complaint and provide any defenses the tenant wishes to use against the eviction. If the tenant wishes to fight the eviction, the tenant must appear at the hearing. At the hearing, the judge will listen to both the landlord and the tenant and make a decision about whether the tenant will be evicted.

For more information on the eviction process and links for forms to use in each Arizona county, see the Evictions and Small Claims section of the Arizona Judicial Branch website.

It is not always worthwhile for a tenant to fight an eviction. If the tenant loses, the tenant could have to pay all of the landlord's court and attorneys' fees and receive a negative credit rating. Depending on the situation, it might be better for the tenant to negotiate with the landlord to work out an agreement without going to court.

Bryan N. · Answer

Always get rid of the tenant before selling a property IMO.  Less headaches.

Lynn McGeein · Answer

Since he only has 15 days left on his lease, I'd just let him know you would rather issue a small rebate to him with the security deposit for not being able to use the dryer for the last 2 weeks of his lease, possibly $50 as that is more than a laundromat would cost, and if he wants to move out early because he can't use the dryer, you are willing to meet him the day he moves out for a walk-thru inspection and will agree to give him a check for his full deposit and rent rebate for the rent for days he hasn't used if the home is in good, clean, broom-swept condition when he turns the keys over to you.  That will save him the time the state usually allows you to return the deposit.  As far as his demands for that much for cash-for-keys, you can file for eviction if he isn't out with your notice, anyway, in 2 weeks, so it would depend on how friendly landlord/tenant laws are in your state.

I'm assuming this is a month-to-month lease.  Otherwise, he actually has a right to stay in the property until lease term ends, in which case, the amount he is asking for might not be unfair if he has to give up six months or so.  Also, if that's the case, unless your lease states you don't have to fix the dryer, if you provided it, you probably have to fix it.

Pat L. · Answer

I love it when they turn the 'cash for keys' into extortion.

We do not repair appliances but we do specify that in the lease. If there are appliances present on the move-in they are for their use. The last tenant complained about the fridge dying. So they went to Rent-to-own & to get approval Rent-to-own called me to verify that they paid their rents on-time!!!

Maddie Rodman · Answer

Yes, I have but he is making ridiculous demands--2,798 to move out before the first and threatening to sue me if I don't pay. Good news is I have a bidding war going on with the house so it should all end well.

@Michael Hartman undefined

Pay for dryer repair?

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