Originally posted by @Michele Fischer:
I know plenty of people in higher end rentals that remove the garbage disposals, it just depends on how much time and energy you want to invest in them. Over and over again.
When we first started we charged for everything, over time it mellows out and we waive more items in favor of getting on with re-renting and our piece of mind faster. The chances of getting paid are pretty slim, so the difference of a few hundred dollars doesn't matter to appear more reasonable to the tenant, their legal counsel, and/or a judge.
In 7 years we have only had one issue with garbage disposals but I imagine if we begin having issues on a regular basis, as it sounds like you have, we will reassess.
I agree, the chances of receiving payment are slim and we aren't going to press this matter in court (blood out of a turnip). I don't actually expect this tenant to pay a dime given a number of final notices that have shown up since they moved out.
However, documenting the charges allows us to write the amount owed off as bad debt on our taxes. As such, I want to ensure our charges are reasonable from the standpoint of the IRS and, in the rare possibility she challenges us in court over the charges, reasonable before a judge.
I feel like our total amount being less than 1/2 what it would have been if we hired someone else to do it helps justify that we were reasonable with our charges. I think Greg hit the nail on the head that in Texas some JPs will allow LL charges and some won't and if I combine that with your point of charge less than the going rate I come up with something like: "Charge a fair rate for your market and accept the possibility that a Judge might or might not accept it."
The only question, that unfortunately you may not be able to assist with, is in the event that a judge decides I cannot charge for my time how likely is it that he/she hits me with triple damages and is that only on the amounts they throw out or on the entire amount (again likely based on the Judge and if they had a good day or not). Just curious if anyone in Texas, or elsewhere that has a similar law, has had this triggered on them. It seems to me it is there to punish gross offenders but likely wouldn't be triggered in most instances. But again, most of my legal knowledge comes from Ally McBeal.
Again, thank you for your input! I truly appreciate your views (albeit different than mine in some instances) on these matters. I really do appreciate the dialog and, if you aren't too peeved with me, would appreciate the opportunity to discuss your experiences in the biz and how you've structured your communications with your tenants as I imagine they are different then mine. I would be happy to share mine with you if you are curious how us country boys communicate ;) I will try to keep the y'alls to a minimum.
