All Forum Posts by: Edward Debbs

I have a house that I would like to rent out, and it has a treehouse in the back yard (I built it).  How do I deal with the treehouse in my lease?  Of course I'll write in a liability clause and have a lawyer look it over, but I'm a little concerned about liability.  Any thoughts here?

Thanks guys, it's been a couple of years since I have done a deal.  I just wanted some assurance that he seller has actually seen my offer.  I guess that's not how things are done?

I am in the process of buying a house, submitted an offer received a counter via my realtor. The counter was in the form of email forwarded from the seller's realtor to mine. I requested that the counter be put in writing in the same format as mine through an AOE, but my realtor mentioned that is not the standard and this is typically only done when negotiations are complete. I really want something at the very least with the offer number and the contingencies the seller wants with his signature. Is it not the norm to get these things in writing? I would like a record of all this. Am I asking too much here?

Originally posted by @Mark Langdon:

Basically charge what it will take to fix it. Keep the receipts as proof. Just don't list ordinary wear and tear items. The challenge is when you replace an item with new you will not have a receipt for just the repair. For some of the minor items you can tell them you will not charge as maybe you were going to replace the item anyway.  Just be honest.

 Thanks Mark, that's essentially what I'm trying to do but as you note it can be a little tricky when it's not worth it to fix an appliance that the tenant has damaged.  One thing I really do need some guidance on is how you expect a property to be left in NJ when the tenant moves out.  I have grime everywhere, goop on the counters, cabinets and fridge etc.  Few bags of garbage in the basement but nothing major.

The "broom clean" provision in NJ law tells me nearly nothing.  Is the way they left it basically fair game or are the expected to clean it?  

thanks all, yes I probably should have been in there more often, but unsure how that would have changes most of this. I do have substantial before and after pictures. his security deposit will cover the damages, but it doesn't look like he will be getting much back.

hey all,

I have a house in NJ, and the Tenant moved out after 4 years.  I have some examples of the condition of the house and wonder what is his responsibility and what is mine, because in some instances it probably lies somewhere in the middle.  Also, keep in mind that the NJ standard for move out is "broom clean" which as far as I can tell is an uninformative and nearly meaningless term that gives you no information about removing grime from the kitchen bathrooms, cabinets and refrigerator.  Anyway.

1.  Several bags of garbage left in the basement.  Not sure what to charge here.

2.  Whole house is grimy and filthy, bathrooms, kitchen cabinets, fridge etc.  Not sure what to charge here.

3.  Many of the wood framed windows are water damaged from being left open when it was raining.  Have a contractor coming to clean this up and he wants 6 hours of labor for it.  I'm thinking some percentage of this will be tenant responsibility.

4.  One of the drawers in the fridge is cracked, but rather than calling me or replacing it he just kept shoving it in the fridge to the point where it has worn through the inside of the fridge to the insulation.  Planning on charging the cost of a service call (about $150) and fix it myself with fiberglass and order a new drawer.

5.  Oven was pulled out and the top part disassembled.  I think he had a problem with the ignition but I heard nothing about it.  Planning on charging him the amount of a service call.  I just bought a new stove and installed it.

6.  Dishwasher stopped working, he says, but when I get there I realize he somehow managed to rip the front pull handle and control board off the machine and broke the plastic.  Thinking of charging him the cost of a service call for this.  I replaced it with a new dishwasher.

7.  Several deep scratches and finish worn away on the wood floors from pulling out the entire, (too big for the room dining room) table daily with no protection on the legs.  Planning on charging 100% for this repair cost, and eating the cost for refinishing the rest of the floors with normal wear and tear.

8.  Wood damage to my bay windows and window sills from their two dogs.  Planing on charging them 100% for the repair cost.

9.  The yard was pretty neglected, and even though they did remove the debris, probably 50% of the yard is dead.  Also my lawn mower is damaged.  Planning on charging for the landscaping (maybe just the seed?) and the repair.

Wonder what/how you all would charge?  This is a nice, newly renovated house in an A neighborhood. Thanks in advance for your thoughts!

I don't know if it's really anybody's "fault" that mice are getting in.  They naturally seek warm areas in the winter, and can squeeze through any crack that's larger than a dime in diameter.  They can also climb just about anything.

Don't let your tenants live with rodents in the house.  Also, it's your property.  Do you really want rodents in there building nests, chewing on things and pooping everywhere?  I'd call somebody and just get it taken care of.

Interesting discussion. A friend of mine owns a 4 plex near Temple and has been struggling a bit with it. He's only owned it since July, and has 50% occupancy. It's a new building and has a tax abatement for several more years, which is a plus. He could just be suffering from low occupancy for coming into the market late for this school year.

I can tell you that in the short time he's lived there that cleaning up after the last year's tenants (first year of occupancy for the building) was a total mess. Nobody was getting security deposits back and there was still out of pocket to get them back rentable. On top of that he's had to do cash for keys already for previous renters, took a hit on a month's rent for one unit and is chasing rent checks in one of his two rented units, so it's no cake walk getting paid or turning these things over either, from what I've heard.

Last, because of all this frustration he wants to turn the property over to a management company. Several companies in the area said they wouldn't take any more clients (probably meaning they can't rent out what they've already got).

I'm sure there are good deals out there, but you've got to wonder "if this is such a home-run deal, why is this guy so keen on unloading it?"

Similar to what the OP was asking his realtor friend who owns 11 properties and never has a missed months rent. If this is such a great deal, why didn't he buy it already? Because it's more profitable for him to unload it on you. I'm concerned that Temple area has become a hotbed of unloading not-so-great deals that are painted up to look better than they are. Any truth to this?

Originally posted by @John Weidner:

I disagree on your original approach so I'd cut her some slack on paying this months if she has never been late before.  

Im assuming your carpet had padding? Can never be saved when it gets wet. Should have pulled it up right away and she probably wouldn't have had to move out.  

Wet carpet if not pulled almost immediately...the smell is unbelievable.  I'm not surprised she left so yeah let her deduct the days she wasn't there. 

Pissed off by her attitude?  It will cost you a months rent and prob a repaint to put new tenants in.   I'd work with her as much as possible before lawyering up 

 Sounds like the voice of reason!  Gotta ask yourself if your goal is to be right or to make money.  Moving toward eviction is going to cost you way more than 4 days of rent... and who knows what your next tenants will be like?

I find most problems can be solved with better communication.  She was inconvenienced, and it wasn't her fault.  She may not be dealing with this properly either.  Ask if you can stop by and sit down with her, like people, and come to a solution.  Be ready to validate her concerns while coming with real legal precedent to say "yes but it's not actually legal to withhold rent in the fashion that you are.  I value you as a tenant, I respect that you've been inconvenienced and I'm willing to compensate you for four days.  In the future..."

Bet you dimes to dollars that solves the problem.  Don't lose a good tenant over one bad situation!

Doesn't sound like you got nailed too hard.  I agree with the above, take it on the chin and learn your lesson.  Go to your property, pick up the tools, inspect that he actually did the work and check against the receipts he gives you.  

Whether or not you let him do repairs again is up to you.  20 dollars for labor is as good as you're ever going to get.  My tenant has done repairs, he does a decent job.  I think he'd rather just do them because he knows how and he doesn't want to have me coming over and being in the house for several hours doing stuff.   Your tenant may just figure he can do the job and doesn't want to be bothered.