Tenant deducted from rent

[Winford Hill]

To all experienced landlords,

I have a bit of a dilemma. I used a Property Manager to lease a property for me. Once a tenant was selected, I took over property management responsibilities. One of the community requirements is for all occupants to display parking decals in their vehicles. In March when the tenant moved in, I provided a vehicle registration form and informed her that it needed to be completed and submitted to the HOA in order to remain compliant with community rules (instructions for submitting the form was provided). At the end of April, the tenant informed me that her vehicles had been towed and that she never received her decals. When I contacted the HOA, they stated that they never received the registration form.

Now, I've received May's rent payment, but the tenant has deducted the fee required to retrieve her vehicles from tow. She also submitted a letter stating that she's filed a complaint and will possibly pursue legal action. Her argument is that, since I'm the owner/landlord, it's my responsibility to ensure that she receives her decals. My argument is that I provided her the necessary registration form in a timely manner, and that's it up to her to ensure that she receives and properly displays the decals.

Here are my questions for the forum:

1. Am I at fault? To what extent and I required to ensure tenants receive/display vehicle decals/passes?

2. What do I do with the partial rent payment?

   a. Do I hold it and send her a letter stating that it will not be accepted until received in full and that late payment penalties still apply.

   b. If I deposit the partial payment, can that be interpreted as my agreement to the terms that she laid out as to why she submitted partial payment.

Please advise...

[Thomas S.]

1) you are not at fault, you have fulfilled your obligations.

2) Check with your state regulations, some state that if you receive partial payment you may not evict. You need to insure you do not limit your options.

Search Virginia code 55-248.34:1

The day following when her rent was due, when you did not receive the full amount, you should have served her with a pay or quit notice. This is the beginning of your eviction notice and is outlined in your state regulations. Once the notice is filed you can then speak with the tenant and withdraw the notice when she pays or take her to court if she does not.

Her battle is with the HOA and she is in violation of her lease and state regulations to withhold her full rent payment.

You must learn your state landlord tenant regulations if you intend to operate a business. You need to know and understand fully how to deal with tenant issues otherwise you will not stay in business.