All Forum Posts by: Linda Thomas

Quote from @Bruce Woodruff:

@Linda Thomas I don't see this as a problem for you at all. You have evidence and they won't. I assume a 'Civil Case'  is similar to Small Claims? Those Judges are usually favorable to the business owner because all they see are people trying to take advantage of a business. 

There is a good chance they don't even bother to show up......

This should be a slam dunk for you, I'd like to show up with beer and popcorn and watch.....

@Patricia Steiner

@Colleen F.

Bruce I hope so. haha come join the party! 

This was a section 8 tenant and there were yearly inspections completed. Never any evidence of rats found by the inspector. All the CO detectors were in place during the inspection in Jan of 2023 so upon leaving the unit in March two were missing? as far as the smoking goes, they were very clean and perhaps this wasn't picked up and missed on our end or the inspectors - we were not very through perhaps. As far as the stove goes, I have the proof in text messages from the tenant when she left the premises where I asked her why the stove was replaced and removed without our knowledge or that there was an issue. She confirmed that she replaced it and didn't want to bother us. Said it wasn't working properly and smelling like gas. Didn't leave us our old stove or provide us with the opportunity to send a repairman to see if it was fixable. Why do this behind our backs especially being low income and going and spending on a stove? they always cried that they were broke, perhaps they sold my stove that was in good shape still and left me with a piece of crap that was unsafe right before they vacated the unit. who knows

I live in PA and I charge 2 mths but after the first year if they stay for a 2nd year i have to return 1 month, not allowed to keep 2 mths after one year. 

Quote from @Patricia Steiner:

@Linda Thomas

@Greg M.

Linda, stick with what you've already reported.  If you already had paint and you used it, you would not be willing to assess a paint charge to this property.  Make a case surrounding what you've already stated to the tenant.  As for the smoke detector, they have a life of 10 years...the tenant was there for 8.  You're not entitled to a new smoke detector, just the depreciated value of a new one - or 20% of a new detector.  The complexity is here because of the long time the tenant occupied the property.  If they had been a one or even two year tenant, no biggie - but 8 years is at the obsolete point for most components.  Investors - including me - tend to think we're due to receive move-in condition when a tenant departs - but we're not.  It's that less normal wear and tear - and lifespan of components.  If a tenant breaks the stove, you're not entitled to a new stove when a 8 year old stove was in the unit.  

If it were me, I would look at what I sent the tenant and support that case - by citing the lease and landlord/tenant law.  Don't try to make up different scenarios because it will just discredit you.  Stick with what's out there and the worst outcome is that you will have to make a partial refund to these tenants who you can now enjoying having gone.

Best...

 thank you both for your input and advice it is much appreciated. 

Quote from @Greg M.:

I think he stands a much better chance if he takes a different approach. 

Paint - He said he only charged for the Kilz Primer. That should be easy to win. They caused damage by violating the lease and smoking. The cost of the Kilz is the remediation to this lease violation. Bring receipts for the outer paint to show the judge you didn't charge for this, only the primer that had to be used because of the smoking/lease violation. 

Stove - They depreciate over 5 years, but since tenant stole stove and replaced it with an unsafe one, he had to buy a new one. Could have gone to the police, but felt half the cost of a new one was fair. This changes from value of old stove to reimbursement for theft. 

Missing CO Detectors - Slam dunk. More stolen property. 

W/S Bill - Should be no debate.

 Greg, do you think it would be an issue if i had used paint i had in my basement from a prior renovation at another property and only i think purchased one 5g after the SD was refunded/letter sent? =

Quote from @Patricia Steiner:

Document, document, document...you'll need photos, receipts, and proof that the damage wasn't just 'normal wear and tear." The lifespan of a stove is 10-15 years; the tenants were there for 8 years so charging them for half of a new stove will probably not hold up if challenged.  You will also need to tie back each offset to a lease term such as was the tenant responsible for rat/pest control per the lease?  Was smoking prohibited per the lease?  If smoking was not prohibited, the burden for offsetting will be greater and require more documentation (after 8 years residing there, the allegation that the paint was damaged from the smoke - versus time - will be difficult to prove).  

Expect the tenant to claim that the damage noted was there when they  moved in and that you were a horrible landlord in that you would never make repairs, etc.  You will need to address those charges analytically (collect all communications from tenant for maintenance repairs).  

Offsetting a security deposit is not a happy event for either landlord or tenant.  I recommend - going forward - to require renter's insurance with landlord as additionally insured coverage in addition to the security deposit. An 8-year term tenant will be given more lead way and the argument for wear and tear over 8 years will be the defense against your offset.

Hope this helps...sorry you're having to deal with this.

 Yes, i have a no smoking policy in my lease and also a clause that the tenant is responsible for pest control. I have two pictures of 2 mice and pictures of the cig butts we found and of the damage to the ceiling tiles. I have the move in checklist which shows and states the condition of the property upon move in. all the ceiling tiles, floors etc were new - we had just purchased the rental and they were the only tenant we have had in there. 

ADD on to the post - they are disputing the full 1000.00 SD - shouldn't it at least be just 700.00 in dispute because they do owe the W/S final bill which is the in lease as well that they pay W/S and have been for years and we refunded them 100.00 ???

Good afternoon,

Some background. Tenant lived in the unit for 8 yrs. Towards end not a good relationship. Things went south. Wife started getting rude, yelling, cursing at me etc. Decided not to renew. Proper notice was provided. They finally moved out a few months ago. I sent proper notice within 30 days as required in the state of PA with itemized list of deductions. 

SD was $1000.00

100.00 deduction for mice, missing CO detectors, broken light fixture.

300.00 for paint - not for labor nor did we hire a professional company or an ozone machine, they smoked inside the rental unit, found cigarette butts in multiple locations and burn marks on floors, Fixtures, ceiling tiles had to be painted one by one, all ceilings, and walls were full of nicotine, and we had to use kilz primer about 15 g of them in total so that is all we charged for. Not labor or anything else. Maybe we should have purchased new ceiling tiles instead but were trying to be fair and save the tenant money and give them some sort of refund. 

200.00 for the final W/S bill

300.00 for 1/2 the cost of a new stove as tenant removed our stove without our permission or knowledge so we decided and feel it was fair to purchase a new one and charge them half the cost of the new one. The one she left in the unit was not ours and i have that proof in a text message confirmation from her and i had a repair man come check it and he said it was not safe to use at all it was missing parts and wires were broken. 

100.00 -REFUND TO TENANTS 

They did not contact me to dispute or try to resolve this issue. Just filed a CV complaint and we have the hearing coming up soon. Any suggestions on the best way to handle this? my lease states that any dangerous situations need to be reported to us immediately and that tenant is not permitted to smoke inside the unit nor guests. 

Good afternoon,

Could someone please share their no smoking allowed inside the unit clause that they have in their lease agreement? please. 

Hello,

The lease is in 2 sisters names. One of the sisters contacted me asking when she can remove her sister from the lease? I think it is best to ask some follow up questions such as is the sister moving out? is someone else moving in? how would you handle this and would you just remove the sister from the lease if the one that is staying can afford the rent alone? also would you request proof that the sister is no longer going to be living there such as some type of document like a change of address form? would you type up a new lease and charge them for the fees to type up and make the change? 

looking for advice and suggestions, as always thank you all for your help! 

Quote from @Ethen Armstrong:

Have the same issue currently, and every investor I am talking to says I need to get an attorney and have them handle it. Which is frustrating and costly.

Sorry to hear that you are having the same issue and yes it is very costly and time-consuming and and frustrating

Quote from @Tim Miller

 That "TRACK RECORD" can be destroyed in one single move. Just tell the tenant that you have to do what is best for your business and file that eviction. I'll lay money that the pay check on June 28, 2023 isn't going to you. It's going to go to the next landlord for her new unit. 

I agree, that is exactly what I was thinking and the rent for June that was due to me was most likely what she used for the SD to hold the new place. I think she is just making excuses and doesn't plan on paying me a dime. thank you all for all your advice. !!