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All Forum Posts by: Josh Polston

Josh Polston has started 1 posts and replied 14 times.

Post: Tenant Refuses Stove - threatens to withold rent

Josh PolstonPosted
  • Investor
  • Emeryville, CA
  • Posts 14
  • Votes 13

Mark, from your mouth to God's ears...

Indeed if the tenant wants to risk eviction over a less than pristine stove, who am I to stand in their way -- remember they are roughly $1,300/mo. under market rent for the unit.

Post: Tenant Refuses Stove - threatens to withold rent

Josh PolstonPosted
  • Investor
  • Emeryville, CA
  • Posts 14
  • Votes 13

Colleen, good advice.  Shows responsiveness, allows my cleaner to take pictures of stove should they follow-through and withhold rent that will stand up in court.

Post: Tenant Refuses Stove - threatens to withold rent

Josh PolstonPosted
  • Investor
  • Emeryville, CA
  • Posts 14
  • Votes 13

Natalie, indeed you are correct.   Perhaps I should have clarified that this is an expensive rental market, where 1/2 of market rent I estimate to be at least $1,300/mo in lost revenue.  Rather than thanking tenant, there is a very strong financial incentive to see them go.

Post: Tenant Refuses Stove - threatens to withold rent

Josh PolstonPosted
  • Investor
  • Emeryville, CA
  • Posts 14
  • Votes 13

[punchline at the end] I have a legacy tenant that has been living in the building since purchase (7 years ago) and they recently killed their gas range with only one of 4 burners working.  When they notified me it was not working, I did an inspection and it appeared that the burners were shot and clogged with burned grease.  The stove was fairly dirty and I took some pictures.  I had another used stove available, did a quick clean, tested that it worked, and swapped it out.  When tenant saw new (used) stove they freaked-out since #1 it was used and they wanted a new stove, #2 I did a decent job cleaning the stove and burners but the oven had some stains and was less than pristine.  They demanded I come a remove the new (used) stove -- I think not.

I notified them in writing that purchase of a new stove via withholding rent is not authorized.  They are pissed and sending me pictures of the inside of the oven on a daily basis.  Now to the punchline... unit is rent-controlled and tenant is paying less than 1/2 market rent, so I am in no mood to buy nice new appliances for them.  If they do withhold rent then they could be served a 3-day notice and be evicted if not paid.  

My question, dear forum members is, should I go and clean stove, take pictures, etc.. or let them follow-through on threat to withhold rent?  I would not want to get into an eviction and then lose based on a habitability claim of an unclean stove.

"A watched pot never boils"