Can you make the tenants pay?

Question

Jeff B. · Answer

I've NEVER allowed a tenant to make repairs and have explicit clause prohibiting this.

I want professional, licensed work and not some JoeDoe who thinks he can fix everything.  The biggest issue is liability for injury while doing the work AND you have no recourse when the job is done poorly.

The question to the OP is, "What kinds of tenants are you renting to?"  I've never had a fixture broken in 19yrs.

Of course, damage charges are taken against the deposit on move-out - - that's what it's for.

Mindy Jensen · Answer

I agree with having a lease that spells out everything, and I've seen people recommend language in a lease that puts the charge on the tenant under $X.

I don't personally like or use this clause, because I feel the tenants will not tell me about small things that have the potential to become huge things, like a dripping pipe. They may feel that it will cost less than the threshold for the landlord to jump in, and they just don't report it. What would have cost me $85 gets left to grow bigger and bigger and now costs me $1000.

Also, it's my house. I own it, I am responsible for it. I want to be in charge of fixing it, too. (Can you tell I'm a control freak?)

Matthew Paul · Answer

Painting cabinets , doors without your permission is a violation . They may "think" it looks better . But they destroyed your property .

Max T. · Answer

I would not terminate their tenancy for doing those things (unless there were other more serious infractions).

I would have my handyman restore them to their original condition. And I would charge the tenants for that cost.

They would have 30 days to pay - if not, late fees. If they refuse to pay I would evict for that since my lease states that all monies received are first applied to outstanding fees/damages, then to rent. So if they only pay their base rent amount then that money would go towards the damages and the remainder would be a partial payment.

Christopher Dunson · Answer

@Max Tanenbaum

@Matthew Paul

I appreciate the feedback. I am more so speaking of the painting the cabinetes front door, inside and out and practically looking like she threw a bucket of paint at the gate to the door entry. I don't know if you just consider this breaking, but From what I read in the lease( which I took over from another landlord when I purchased the property). My lease states " TENANT shall make no alterations to the premises without LANDLORD's written consent.""TENANTS engagement in activity prohibited by this agreement, shall be considered a default hereunder." "Upon default LANDLORD may, at its option, terminate this tenancy upon giving proper notice."

For me the above alteratioins, and possibly the other issues which did not receive written consent could give me reason to terminate the tenancy upon giving proper 30 day written notice.

Rich N. · Answer

@Jonathan Beemer

What is that line?  What's mine is mine !

During an inspection, I found a tenant "fixed" the leaking faucet... by putting a towel over it. Another time, I had a tenant "fix" a hole by putting tape over it.

I do unclog toilets, but I know other LL/PM will bill a tenant for it.

@Christopher Dunson

Not sure what your two posts above meant?  Was it for OP or was it new for you ?  If its your post, please repost to a new one and not into this one (if you haven't already done so).

Matthew Paul · Answer

I charge for what they break , they get a bill . I enclose a copy of that section of the lease , its highlighted .

Max T. · Answer

I charge the tenants when they break something.

I pay for the repair if the problem is due to age/normal wear and tear.

If I can't prove that the tenant was negligent, then I pay for it, and document it. If the same problem happens again, guess who pays?

Christopher Dunson · Answer

In addition, she has changed the front locks without permission( I have not ever used a key to enter her property) and denied my handyman entry to repair something that she requested. She told me to stop knocking on her door yesterday, and then spray painted a line on the concrete in front of her door. Is there anything here that just gives me the right to terminate agreement without requesting to fix these things? It just seems this is going to be a problem tenant. Thank you very much in advance.

Christopher Dunson · Answer

My lease states that no alterations to property are to be made without written consent. I just purchased the property 3 weeks ago, and one person has painted their kitchen cabinets as well as the front door(interior and exterior with big splashes on the exterior gate) glossy black. Because I am new to land lording, I am slightly worried about the course of action best to take, because I'm not sure if this is grounds for terminating the lease or not. If it is I would like to move towards that without asking her to restore them. Though, if I need to ask her to restore them first and wait for a response, I will.

Can you make the tenants pay?

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