Pre-existing Tenant and Damages

[Anna Granofsky]

In December, I purchases an old triplex in West Virginia that was already filled with units under a non-profit homeless housing organization. The tenant in one of the apartments has been living there for years and has been eager to tell me all of the things she wants fixed, new within her apartment. We have done significant construction to the building for mold, water leaking, room repairs.

Today, I receive an email from the nonprofit with a long list of items they want fixed within a week and a half per their inspection on the property. Some items included are peeling paint, new bathroom fixtures, tub lime/rust, carpet pulls, broken kitchen floor tiles, nonworking light fixtures and outlets.

While I believe some of these items like inoperable electrical outlets and lights, I should fix, am I responsible to give the tenant new floors/carpet/bathroom when the tenant themselves may have caused the damage and while they are still living there?

[Marc Winter]

This type of situation is not a rarity.  Many 'helping, non-profit' agencies do a 'master' lease and pay the rent for the tenants.  The tenants themselves are not responsible (technically) for the mess they make.

That being said, you can speak with the agency and explain you will take care of health and safety issues.  Let them know you need more time than the few days they are currently giving you, and explain to them that you are the owner, not the tenant's house keeper.  And if there is damage you can prove was done by the tenant that was above and beyond normal wear and tear, the agency should be responsible for the cost of repair.

If there is filth and trash/debris/clutter, that is tenant responsibility to take care of those issues BEFORE you can have your maintenance people go to do repairs.  Take before and after photos for your records and send to agency.

Make nice with the agency. Be fair but firm. Take responsibility for what is yours, nicely explain what you think their responsibilities are, and oh yes, prepare a new lease with more explicit details for the appropriate time (expiration of existing lease).