Eviction notice for tenants who have paid to make home habitable

Eviction notice for tenants who have paid to make home habitable

Ashland, OR · Member since 2018 · 3 posts · 0 votes

Hello! I would be so appreciative for some insight about this situation. Here is a broad overview: 

Tenants rent from elderly family members who do not have the means to take care of an old home which sits on a large piece of property. Tenants have made major upgrades to the home ALL from their own pocket over the past 4 years, including repairs to make it habitable. A brief overview of the repairs include patching the old leaking roof multiple times in multiple locations, dealing with a rodent infestation in the ducts, flooding beneath the house and more. Property has been maintained with 37 acres of mowing (legally required fire control), dealing with downed trees and a long list of other items. Tenants have lived in the home with no written contract or lease, all verbal due to the family dynamic. Tenants have always paid their rent on time and have receipts and documentation for all repairs and upgrades. Not one penny has come from the home owner. Essentially, these tenants have been care-taking the home and the property while still paying full rent that was accepted and cashed by homeowner. All upgrades were verbally approved by the homeowner along the way, however one has recently passed. There is now question of the remaining homeowners mental status due to age and declining medical issues.

Tenants received an eviction notice with instructions to not remove anything from the home (except their personal belongings), including appliances with the threat of legal action if they did not abide. Tenants have purchased ALL of the new appliances and have documented proof. These tenants have increased the homes value with all of the upgrades (new flooring, carpet, exterior paint, replaced rotten siding etc) and the repairs made were absolutely necessary to make the home habitable and safe with the verbal approval of the homeowner. At the time of repairs, there was promise of reimbursement which has now been gone back on. All of the original (very old and broken) appliances, fans and more are still in storage and photos were taken along the way from before and after. 

Can legal action be taken by the homeowner if the tenants remove the appliances and items they purchased with their own money? Can anything be done in a sticky situation like this to recover costs of necessary repairs of the home to make it habitable?  

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
8y
Any improvements/repairs done to the structure now belong to the owner. If they expected reimbursement, they surely should have been deducting this from the rent as they went along. That money is gone. As long as the appliances are not “built in”, are free standing, they certainly can take them.
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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y
    Any improvements/repairs done to the structure now belong to the owner. If they expected reimbursement, they surely should have been deducting this from the rent as they went along. That money is gone. As long as the appliances are not “built in”, are free standing, they certainly can take them.
  • Ashland, OR · Member since 2018 · 3 posts · 0 votes
    8y

    Thank you for the input Wayne, I appreciate it!! 

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    I agree with Wayne. Any appliance can be taken by tenants, as long as original appliances are put back when they leave. tenants do not have to leave the place better than when they came in, only return it to original condition (minus reasonable wear and tear).

    as far as built in upgrades, technically same rule applies. while its true that typically any modifications to property are viewed as transferring ownership to landlord (assuming this is fixed to the property) there is no lease agreement to solidify this, although I assume case law would support it. the problem is that if they ripped out the new carpet and put the old carpet back, you have no recourse since the property is returned to original condition. Now if they rip out new carpet and leave nothing, then you have recourse since you gave them a unit with carpet and they gave it back without carpet. of course my explanation is a little exaggerated, but hopefully my point got across.

    my opinion, is that whoever handles this situation with tenant should try to work with them and be amicable. I would let them know that any appliances they bought, can go with them as long as the old appliance is put back before they leave. I would then remind them that it is customary for renters of a single family home to maintain the property, so no concession will be given for that work. finally, any actual upgrades, I would consider how long the tenant has been using them. if they put brand new floors in last week, I would probably offer a portion of that cost back, since they upgraded my home. if they put new floors in five years ago, I would be much less inclined to offer anything, since they have utilized a large portion of its depreciable life. of course you can be a hard *** and say its attached to the structure, so now its mine. my rationale is that offering a small incentive makes them more likely to leave peacefully and at the end of the day, its fair. the hard *** or nice approach is up to whoever is charge. both are equally applicable and legal with their own pros and cons.

  • Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    8y

    You should speak to a lawyer to see if you have established an equitable interest in the home. Let us know what the lawyer says.

  • Ashland, OR · Member since 2018 · 3 posts · 0 votes
    8y

    Thank you Andrew! I appreciate the helpful insight so much, it has been very helpful. We could only hope that the landlord would be reasonable, but this has not been their experience so far. All of that logic makes perfect sense! 

    Kimberly, I will have them look into that! Thanks so much. Will touch base after the appointment with the lawyer. 

  • Rental Property Investor · Yardley, PA · Member since 2008 · 1k+ posts · 561 votes
    8y

    Watch THIS VIDEO. It will explain everything! ;-)

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