Renter demand laundry and dinner payment because appliances broke

Renter demand laundry and dinner payment because appliances broke

Palo Alto, CA · Member since 2014 · 104 posts · 14 votes

I have property in san jose.

The washer stopped working. We sent a repairman within a few days. Repair guy diagnosed said have to replace washer. The next day renter mentioned fridge stopped worked. Had to send repairman who took another few days to go there again (they are busy). I order both appliances. Store will deliver and install and it will take them a week to go there (they are backed up etc etc). So in total ~ 2-3 weeks w/o washer and ~1-2 w/o with fridge

Renter claims this is causing hardship and demand that they only pay a portion of the rent. They claim rent includes washer and fridge working properly. Claim they had to eat out and also they had to use laundromat.

As a landlord in California, San jose am I liable for this? If so, how can I minimize the rebate I give them - if the rent is say $5000, do I say fridge is $100 and dryer is $150 so ok you can deduct say $(250) * 2weeks/1month = $125. or do I say ok send me your bill for food and laundromat and you can deduct that full amount (that will be expensive I guess).

If I'm not liable how do I reply that doesn't have ramifications.

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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
2y

You as the property owner are (of course) responsible for replacing the appliances. The problem here IMO is that this is taking so long. 2-3 weeks? I'd be a little perturbed too. 

If I were you, I'd either find another company, or get a trailer and a helper and go pick them up yourself at Lowes or Home Depot. Same day....done. Problem solved.

It isn't like a fridge or washer take a complicated hook-up....just plug 'em in.

See this reply in the discussion

42 Replies

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  • Melanie P.Pro Member
    Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
    2y

    You are not liable. You have honored the letter and spirit of your rental agreement by promptly sending repairmen and ordering new appliances as soon as you were advised to do so. 

    You advise your tenant as follows: Your rent is for possession of the premises. You have remained in continuous possession of the premises. If you have costs because an item in your unit needed repair or replacement the proper place to make a claim is your renter's insurance policy. I have promptly addressed your maintenance concerns and kept you updated on the repair's progress. 

    I would also throw in "nice try," but I'm a *****. 

  • Palo Alto, CA · Member since 2014 · 104 posts · 14 votes
    2y

    Thx so much Melanie

    As I understand it renters insurance doesn’t cover appliances correct? Is there some other ways to frame a correct response. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    If a home owner's appliances broke, they'd deal with it.  You had a repair person out and then replaced the item in a timely manner.  Being without a fridge can be a pain, but they can also get a cooler and ice and adapt. I'd tell them that you had someone in and dealt with it as quickly as possible and if you want, take $100 off the rent, but that's it.  You are also out money on the new appliances plus repair people (which is part of the having a property).

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y

    You as the property owner are (of course) responsible for replacing the appliances. The problem here IMO is that this is taking so long. 2-3 weeks? I'd be a little perturbed too. 

    If I were you, I'd either find another company, or get a trailer and a helper and go pick them up yourself at Lowes or Home Depot. Same day....done. Problem solved.

    It isn't like a fridge or washer take a complicated hook-up....just plug 'em in.

  • Benjamin AakerPro Member
    Rental Property Investor · Brandon, SD · Member since 2015 · 1k+ posts · 1k+ votes
    2y

    In my area, the tenant may withhold rent or immediately leave if the landlord fails to make the place habitable. A broken washing machine probably wouldn't trigger this, but perhaps a refrigerator would. This appears to be similar in California. It's a much more tenant friendly area. If your tenant withholds rent and you move to eviction, you might have trouble arguing why it took so much time to get these things fixed. Consider the expense of having to eat out every day, which is what they will be telling a judge if it comes to that. Laundry is a nothing-burger.

    You should get them replaced immediately. Explain to them how difficult it was to get this done but you simply can't pay every tenant for a delay in a new appliance. If they insist on making a claim, they need to give you their demands in writing. You can address it at that time. 

  • Melanie P.Pro Member
    Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
    2y
    Quote from @Roy Mitle:

    Thx so much Melanie

    As I understand it renters insurance doesn’t cover appliances correct? Is there some other ways to frame a correct response. 

     You mentioned the fridge is broken. It would cover any food that spoiled as a result of that. Let them claim their laundryromatfees and loss of use and their insurance company can explain everything to them. 

  • Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    2y
    I keep a little 7.5 cu ft fridge and offer to have my handy man deliver it the same day a tenant reports a fridge out. https://www.amazon.com/RCA-RFR725-Apartment-Refrigerator-Sta...
    I have our appliance guy out if it's a newer appliance or I go appliance shopping if it older than 7-8 years old.
    If tenants want other additional compensation, I tell them that it's not my job as the landlord to protect them from every inconvenience; we will provided a compact fridge for temporary use on request and promptly schedule a repair and replacement and they should contact their renters insurance to determine if any additional benefits are available.
  • Member since 2024 · 3 posts · 0 votes
    2y

    As a landlord in California, you are responsible for ensuring that appliances provided with the rental property are in working order. Given the inconvenience caused to the renters due to the broken appliances, it's reasonable for them to request a rent rebate. However, you can negotiate the amount based on the extent of the inconvenience and expenses incurred by the renters. Discussing a fair resolution with the renters could mitigate any potential legal ramifications while maintaining a positive landlord-tenant relationship.

  • Melanie P.Pro Member
    Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
    2y
    Quote from @Tina Williams:

    As a landlord in California, you are responsible for ensuring that appliances provided with the rental property are in working order. Given the inconvenience caused to the renters due to the broken appliances, it's reasonable for them to request a rent rebate. However, you can negotiate the amount based on the extent of the inconvenience and expenses incurred by the renters. Discussing a fair resolution with the renters could mitigate any potential legal ramifications while maintaining a positive landlord-tenant relationship.


     He has done everything he can to timely fix and replace the appliances. Things wear out. Landlords do not have magical powers to make repairs happen with a snap of their fingers. There's no such thing as a positive landlord/tenant relationship. Look the guy above you runs a mini fridge over to their house and they still demand more. it doesn't matter what you do eventually you have to enforce a late fee or tell them "no" about something and you're the evil landlord. There are no legal ramifications for an appliance repair taking a very typical two weeks in California. You sound like a tenant who has never bought an appliance before. 

    I treat my tenants like they're tenants. Average length of tenancy is over 4.5 years. No special favors, discounts, mini fridges, fee waivers, nothing. 

  • Owen RosenBusiness Member
    Professional · Clinton Township, MI · Member since 2015 · 682 posts · 259 votes
    2y
    Quote from @Melanie P.:
    Quote from @Roy Mitle:

    Thx so much Melanie

    As I understand it renters insurance doesn’t cover appliances correct? Is there some other ways to frame a correct response. 

     You mentioned the fridge is broken. It would cover any food that spoiled as a result of that. Let them claim their laundryromatfees and loss of use and their insurance company can explain everything to them. 


    No, it won't!  Insurance doesn't cover maintenance related issues or "wear and tear."

    This goes for renters insurance or homeowners insurance.  Loss of use has nothing to do with this either.  Loss of use triggers if the property is uninhabitable due to a covered loss.


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  • Member since 2022 · 1k+ posts · 1k+ votes
    2y
    2 weeks without is unacceptable. Next time have spares ready. I'd have this done in 2 , 3 days max.  They would be replaced equal to what he had, not better.
  • Melanie P.Pro Member
    Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
    2y

    Y'all are so crazy thinking you have to run for these tenants. A tenant has zero standing to do something about a repair in California until they've given the landlord 30 days written notice that the repair needed to be made.

  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y

    @Roy Mitle, perhaps first look at what you did versus what you could have done.

    If it was me, the washing machine is replaced within 0-3 days. I use a local used appliance store and have had a replacement one in place as quickly as the same day for LESS THAN $300 total! To me its not even worth trying to repair them unless its an obvious simple fix.

    For the refrigerator, that is a little harder. I'll assume the worst case scenario in that you have a more expensive refrigerator and want to either repair it or replace with a similar brand/model. I would immediately have a temporary refrigerator installed even if it was not in the proper location in the kitchen. This way whether it was repaired in 1-3 days or replaced in 1-3 weeks, the tenant is only minimally impacted.

    Given that to me that is the standard of service I would expect to provide, I understand their frustration. Are you legally liable for the inconvenience?!? Perhaps not, it may depend on the state and local laws, BUT certainly most tenants would expect a better standard of service than you provided. 

    Given that I would negotiate a rent credit of some sort. Perhaps if they were mostly through their lease I would use the opportunity to sign a fresh lease with no increase as the solution and show them they will save $$$ over any planned increase or just give them a week's free rent or something.

  • Contractor · Oklahoma city, OK · Member since 2024 · 7 posts · 3 votes
    2y

    I think it all depends on what you want your reputation to be. Do you want to be known as the person who is a harda**, or someone who has some compassion for your tenants/costomers? Are they good tenants, do you want to keep them? Do you want to be a leader in your community, or just make money? We talk about networking, and community, but does that stop at investors? Ask yourself, if this was at your primary residence, would it have taken 2 weeks to get a new refrigerator? 

    Also, I love the idea of keeping a mini fridge on hand in case it rains. Thanks for the free xp.

    I'm just a dumb carpenter, with a dumb opinion. I'm probably 10 different shades of wrong. So take what I say with a grain of salt.

  • Dave KushPro Member
    Frankfort, IL · Member since 2022 · 204 posts · 133 votes
    2y
    Quote from @Melanie P.:

    You are not liable. You have honored the letter and spirit of your rental agreement by promptly sending repairmen and ordering new appliances as soon as you were advised to do so. 

    You advise your tenant as follows: Your rent is for possession of the premises. You have remained in continuous possession of the premises. If you have costs because an item in your unit needed repair or replacement the proper place to make a claim is your renter's insurance policy. I have promptly addressed your maintenance concerns and kept you updated on the repair's progress. 

    I would also throw in "nice try," but I'm a *****. 

     Winner! Best response. Thank you. Going to come in handy!

  • Owen RosenBusiness Member
    Professional · Clinton Township, MI · Member since 2015 · 682 posts · 259 votes
    2y
    Quote from @Melanie P.:
    Quote from @Roy Mitle:

    Thx so much Melanie

    As I understand it renters insurance doesn’t cover appliances correct? Is there some other ways to frame a correct response. 

     You mentioned the fridge is broken. It would cover any food that spoiled as a result of that. Let them claim their laundryromatfees and loss of use and their insurance company can explain everything to them. 


     This is NOT TRUE.

    Royal Oath Insurance Group4.9203 Reviews
  • Member since 2019 · 7k+ posts · 4k+ votes
    2y
    Quote from @Roy Mitle:

    I have property in san jose.

    The washer stopped working. We sent a repairman within a few days. Repair guy diagnosed said have to replace washer. The next day renter mentioned fridge stopped worked. Had to send repairman who took another few days to go there again (they are busy). I order both appliances. Store will deliver and install and it will take them a week to go there (they are backed up etc etc). So in total ~ 2-3 weeks w/o washer and ~1-2 w/o with fridge

    Renter claims this is causing hardship and demand that they only pay a portion of the rent. They claim rent includes washer and fridge working properly. Claim they had to eat out and also they had to use laundromat.

    As a landlord in California, San jose am I liable for this? If so, how can I minimize the rebate I give them - if the rent is say $5000, do I say fridge is $100 and dryer is $150 so ok you can deduct say $(250) * 2weeks/1month = $125. or do I say ok send me your bill for food and laundromat and you can deduct that full amount (that will be expensive I guess).

    If I'm not liable how do I reply that doesn't have ramifications.


     Roy just buy two from used store in hayward, they can deliver on the same day sometimes.
    You can buy two so when it's broken you could have second one ready LOL

  • Jerome KaidorPro Member
    Investor · Hayward, CA · Member since 2013 · 139 posts · 65 votes
    2y

     Roy just buy two from used store in hayward,

    Which one?  We had a fairly bad experience with one of the Hayward stores..  Wound up having to get an appliance repair person in - even though the fridge was under warranty from them.  



  • Owen RosenBusiness Member
    Professional · Clinton Township, MI · Member since 2015 · 682 posts · 259 votes
    2y
    Quote from @William Stokes:

    I think it all depends on what you want your reputation to be. Do you want to be known as the person who is a harda**, or someone who has some compassion for your tenants/costomers? Are they good tenants, do you want to keep them? Do you want to be a leader in your community, or just make money? We talk about networking, and community, but does that stop at investors? Ask yourself, if this was at your primary residence, would it have taken 2 weeks to get a new refrigerator? 

    Also, I love the idea of keeping a mini fridge on hand in case it rains. Thanks for the free xp.

    I'm just a dumb carpenter, with a dumb opinion. I'm probably 10 different shades of wrong. So take what I say with a grain of salt.


     Doing the right thing and treating good customers like good customers doesn't prevent you from making money - it will help you make money in the long run!

    Royal Oath Insurance Group4.9203 Reviews
  • Rental Property Investor · Member since 2021 · 385 posts · 197 votes
    2y

    In this situation I would have personally provided these tenants with a rent deduction. Not having a working washer for a few weeks is still a bit manageable, but surviving without a fridge for about 2 weeks is really long, especially without any sort of replacement. Keeping a small refrigerator is always a handy investment in case situations like these arise, especially in the summers.

  • Melanie P.Pro Member
    Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
    2y

    A lot of posts accumulated in this thread suggesting landlords should provide excellent "service" for their "customer," should issue rent credits for broken appliances and be worried about their "reputation." I understand the thought process behind these remarks, but they reflect a lack of experience in what it takes to be a successful Landlady. 

    Tenants are tenants, they are not your customer. You have a responsibility to fix things when they break in a timely manner. When a repair takes longer than expected you should have good documentation of your efforts and have communicated to the tenant regularly so they have some understanding of the timeline and challenges presented. A Tenant is "one who occupies land or property rented from a landlord." Rent is not piecemeal. If the tenant retains possession of the premises they owe their rent, in full. If a prospective tenant attended a showing and told you they won't need the stove and would like to pay $50/mo. less - would you entertain reducing your rent? Of course not!

    Your primary job as a Landlady is to enforce your lease agreement. This includes collecting rent and late fees in full when they are due. It also includes making sure the property is kept in the condition specified in the lease (i.e. no pets, no alterations, everything in good repair). 

    Nearly everyone has rented at one time in their life. Ever remember having a landlord you really liked and still keep in touch with? Of course not. The vast majority of people dislike or even hate their landlord. Even the public at large is not impressed with the occupation of Landlord. If you have any reputation to protect at all it's one of a competent Landlady who is strict but fair. A large part of this is because the Landlady is ultimately the boss of what the tenant can or cannot due at the property and the arbiter of what they pay to be there. You can build up goodwill sending grocery cards at Christmas, having a mini fridge to rush over the moment there is a problem, giving rent credits, etc. and it will mean LESS THAN ZERO as soon as you have a late fee you expect them to pay, a pet that you cannot approve, anytime the rent goes up, telling them they can't paint the walls and ceiling the color they want... then you are the scumbag landlord. The tenant will not remember any of the things you did leading up to the point where you told them "no."

  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y
    Quote from @Melanie P.:

    A lot of posts accumulated in this thread suggesting landlords should provide excellent "service" for their "customer," should issue rent credits for broken appliances and be worried about their "reputation." I understand the thought process behind these remarks, but they reflect a lack of experience in what it takes to be a successful Landlady. 

    Tenants are tenants, they are not your customer. You have a responsibility to fix things when they break in a timely manner. When a repair takes longer than expected you should have good documentation of your efforts and have communicated to the tenant regularly so they have some understanding of the timeline and challenges presented. A Tenant is "one who occupies land or property rented from a landlord." Rent is not piecemeal. If the tenant retains possession of the premises they owe their rent, in full. If a prospective tenant attended a showing and told you they won't need the stove and would like to pay $50/mo. less - would you entertain reducing your rent? Of course not!

    Your primary job as a Landlady is to enforce your lease agreement. This includes collecting rent and late fees in full when they are due. It also includes making sure the property is kept in the condition specified in the lease (i.e. no pets, no alterations, everything in good repair). 

    Nearly everyone has rented at one time in their life. Ever remember having a landlord you really liked and still keep in touch with? Of course not. The vast majority of people dislike or even hate their landlord. Even the public at large is not impressed with the occupation of Landlord. If you have any reputation to protect at all it's one of a competent Landlady who is strict but fair. A large part of this is because the Landlady is ultimately the boss of what the tenant can or cannot due at the property and the arbiter of what they pay to be there. You can build up goodwill sending grocery cards at Christmas, having a mini fridge to rush over the moment there is a problem, giving rent credits, etc. and it will mean LESS THAN ZERO as soon as you have a late fee you expect them to pay, a pet that you cannot approve, anytime the rent goes up, telling them they can't paint the walls and ceiling the color they want... then you are the scumbag landlord. The tenant will not remember any of the things you did leading up to the point where you told them "no."


    I'm sorry, but that is incorrect on its face. Your tenant ABSOLUTELY is your CUSTOMER! They are not your CLIENT. A client is someone whose interests you represent. A customer is someone whom you provide goods or services to in exchange for some kind of remuneration.

    There are MANY approaches to being a "good landlord".

    Landlords who are able to attract a better quality tenant can choose to operate differently and do BETTER because of it. Less turnover, less vacancy time, less tenant damage, less uncollected rent.

    To landlords who attract those better tenants, enforcing the lease is the LAST option, NOT the first option. This is business! When you have a business contract, the contract is to memorialize the agreement but doesn't mean at every turn each party should try to beat the other over the head with it. With people doing good business they work cooperatively with those they have contracts with as much as possible and enforcing the contract is a last resort when things break down.

    Nobody wants to do business with someone who looks to take advantage at every turn using the contract as cover. Good tenants have options, they don't have to stay with a landlord like you describe who doesn't try to have a good business relationship

    By your logic, this tenant should have broken their lease when the refrigerator was not fixed/replaced within 2 weeks and gotten their deposit back. In some places a refrigerator is required for occupancy and if a landlord hasn't attended to a repair affecting occupancy/habitability within a period of time (in my area 2 weeks) they can break the lease.

    So, by your logic this landlord should be aiming at an approach that can lead to excess vacancy/turnover which is costly.

    BTW. There are ways to "give" to a tenant that cost NOTHING! For example, most of my tenants would move in on about the 1st, BUT they could have their move-in money and sign the lease sooner. So, I will often allow them early entry for free giving them a few days to more seamlessly move in. It costs me nothing because they would not otherwise choose to be paying rent for those few days but giving them early entry has real value to them.

    Also, the landlord is the "boss" of NOTHING! Anything not specificied by law is negotiated by agreement. The tenant can move, they don't have to do what you say or pay what you say. You aren't the arbiter of anything. If you want to raise rent, the tenant can just say NO if its during the lease period or move at the end of it. So, you in no way "decide" what they pay. If you deal with low end tenants you might be able to make them feel you have power because they have less choices in life but good tenants have choices. So, with good tenants you don't have that power to bully them.

    Keep in mind excess turnover and vacancy are expensive. You can collect all the rent and late fees in full but if your unit turns over yearly and takes longer to fill you make LESS money!
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y

    I'm jumping in just to pile on what has already been shared by @Melanie P.

    I am a homeowner. When my refrigerator breaks, I have to do something to save my food while I wait for the technician to respond, diagnose, order parts, install parts, etc. Or I have to find a replacement fridge. In my small town, both options can take several days to a couple weeks.

    If my washer goes out, I drive to the laundromat like any reasonable person would and deal with the inconvenience. 

    In both cases, I do not ask for - or expect - a discount on my mortgage or for someone to save me. Tenants are no different. The tenant is not owed anything as long as the landlord makes a reasonable effort to correct the situation promptly.

    If you want to treat your tenant special and pay them something, go for it. That's the beauty of living in a free country where you can run your business how you see fit. But if you think it will result in a better tenant, you will be sadly disappointed 98.2% of the time.

    In the future, consider renting appliances until new ones can be purchased. You can rent an appliance for $50 a month which is cheaper than compensating a tenant.

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  • Melanie P.Pro Member
    Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
    2y
    Quote from @Kevin Sobilo:
    I'm sorry, but that is incorrect on its face. Your tenant ABSOLUTELY is your CUSTOMER! They are not your CLIENT. A client is someone whose interests you represent. A customer is someone whom you provide goods or services to in exchange for some kind of remuneration.

    There are MANY approaches to being a "good landlord".

    Landlords who are able to attract a better quality tenant can choose to operate differently and do BETTER because of it. Less turnover, less vacancy time, less tenant damage, less uncollected rent.

    To landlords who attract those better tenants, enforcing the lease is the LAST option, NOT the first option. This is business! When you have a business contract, the contract is to memorialize the agreement but doesn't mean at every turn each party should try to beat the other over the head with it. With people doing good business they work cooperatively with those they have contracts with as much as possible and enforcing the contract is a last resort when things break down.

    Nobody wants to do business with someone who looks to take advantage at every turn using the contract as cover. Good tenants have options, they don't have to stay with a landlord like you describe who doesn't try to have a good business relationship

    By your logic, this tenant should have broken their lease when the refrigerator was not fixed/replaced within 2 weeks and gotten their deposit back. In some places a refrigerator is required for occupancy and if a landlord hasn't attended to a repair affecting occupancy/habitability within a period of time (in my area 2 weeks) they can break the lease.

    So, by your logic this landlord should be aiming at an approach that can lead to excess vacancy/turnover which is costly.

    BTW. There are ways to "give" to a tenant that cost NOTHING! For example, most of my tenants would move in on about the 1st, BUT they could have their move-in money and sign the lease sooner. So, I will often allow them early entry for free giving them a few days to more seamlessly move in. It costs me nothing because they would not otherwise choose to be paying rent for those few days but giving them early entry has real value to them.

    Also, the landlord is the "boss" of NOTHING! Anything not specificied by law is negotiated by agreement. The tenant can move, they don't have to do what you say or pay what you say. You aren't the arbiter of anything. If you want to raise rent, the tenant can just say NO if its during the lease period or move at the end of it. So, you in no way "decide" what they pay. If you deal with low end tenants you might be able to make them feel you have power because they have less choices in life but good tenants have choices. So, with good tenants you don't have that power to bully them.

    Keep in mind excess turnover and vacancy are expensive. You can collect all the rent and late fees in full but if your unit turns over yearly and takes longer to fill you make LESS money!

    There is no need to apologize for your ignorance. Tenants are a specific kind of user. The key difference between a tenant and a customer is the product is rented, not purchased, and it is always real estate. A customer purchases goods or services from a vendor. There is a reason we have the word "tenant" and don't simply label tenants "customers." The reason is they're two totally different things. This applies even if you read a book or misinformed blog post that says "the tenant is your customer" - no matter how many exclamation points. They are not. They are your TENANTS.

    There are many approaches to being a landlord, but almost none are as effective as what I post here from a lifetime of trial, error and careful recordkeeping. You do not attract a better quality tenant by not enforcing your rents, fees, other lease terms or by being the fastest in the city with repairs. Only the single tenant involved in those matters is affected. 

    If you read my post above you'll note that I never said to take advantage of anyone. I said to enforce the lease. Both ways. That means making repairs in a reasonable time period - given the circumstances and the nature of the repair. It also means collecting rent in full, collecting all fees due in full, etc. 

    You suffer from the misconception that landlords and tenants are equal parties in the contractual relationship. They are not. The tenants are not as familiar with their obligations under the lease as the landlord is. Tenants are typically much less sophisticated than their landlord. They require constant reminders, inspections, follow up, etc. Fees are built into a lease to make that reminder memorable.

    Refrigerators feel like a modern necessity but they do not rise to the level of habitability concerns (i.e. life, safety, health). Accordingly, per California law the landlord has 30 days to make a repair after receiving notice from the tenant (California Civil Code § 1942(b)). This repair will happen within the 30 day window and is entirely within the law and appropriately handled.

    What you fail to realize is that your system is entirely arbitrary. It is unfair to the tenant that sometimes you collect the late fee, other times you waive it. You let Joe move in 4 days early for free, but the unit wasn't ready for Joe's neighbor who was offended you didn't extend the same courtesy (which by the way DOES cost you money - you've never heard of prorating the rent???). 

    Ultimately time and experience have taught us that consistently being in charge of your property, religiously enforcing the lease and keeping the property up leads to better end results. Our average length of tenancy is over 4.5 years. That is a number we track and it is increasing. We have more doors than most having begun acquiring rental property since 1990. We are careful screeners and 95%+ of our tenants are "good tenants." And those good tenants are bound to our lease, in which we set every term. Should they choose to move over a refrigerator, they will continue to owe rent, at the rate we set in the lease until we replace them with another tenant. I submit that the tenant who runs out on a contract they agreed to because of a minor bump in the road of life was not a good tenant to begin with - they would have found some small hill on which to blow up the relationship eventually, people like that always do. 

    If you lack the constitution to be the boss of your property - to conduct inspections, enforce the terms of your lease agreement, communicate with tenants from a position of authority then you should consider a property manager and see if they do better with your asset.

  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y
    Quote from @Melanie P.:
    Quote from @Kevin Sobilo:
    I'm sorry, but that is incorrect on its face. Your tenant ABSOLUTELY is your CUSTOMER! They are not your CLIENT. A client is someone whose interests you represent. A customer is someone whom you provide goods or services to in exchange for some kind of remuneration.

    There are MANY approaches to being a "good landlord".

    Landlords who are able to attract a better quality tenant can choose to operate differently and do BETTER because of it. Less turnover, less vacancy time, less tenant damage, less uncollected rent.

    To landlords who attract those better tenants, enforcing the lease is the LAST option, NOT the first option. This is business! When you have a business contract, the contract is to memorialize the agreement but doesn't mean at every turn each party should try to beat the other over the head with it. With people doing good business they work cooperatively with those they have contracts with as much as possible and enforcing the contract is a last resort when things break down.

    Nobody wants to do business with someone who looks to take advantage at every turn using the contract as cover. Good tenants have options, they don't have to stay with a landlord like you describe who doesn't try to have a good business relationship

    By your logic, this tenant should have broken their lease when the refrigerator was not fixed/replaced within 2 weeks and gotten their deposit back. In some places a refrigerator is required for occupancy and if a landlord hasn't attended to a repair affecting occupancy/habitability within a period of time (in my area 2 weeks) they can break the lease.

    So, by your logic this landlord should be aiming at an approach that can lead to excess vacancy/turnover which is costly.

    BTW. There are ways to "give" to a tenant that cost NOTHING! For example, most of my tenants would move in on about the 1st, BUT they could have their move-in money and sign the lease sooner. So, I will often allow them early entry for free giving them a few days to more seamlessly move in. It costs me nothing because they would not otherwise choose to be paying rent for those few days but giving them early entry has real value to them.

    Also, the landlord is the "boss" of NOTHING! Anything not specificied by law is negotiated by agreement. The tenant can move, they don't have to do what you say or pay what you say. You aren't the arbiter of anything. If you want to raise rent, the tenant can just say NO if its during the lease period or move at the end of it. So, you in no way "decide" what they pay. If you deal with low end tenants you might be able to make them feel you have power because they have less choices in life but good tenants have choices. So, with good tenants you don't have that power to bully them.

    Keep in mind excess turnover and vacancy are expensive. You can collect all the rent and late fees in full but if your unit turns over yearly and takes longer to fill you make LESS money!

    There is no need to apologize for your ignorance. Tenants are a specific kind of user. The key difference between a tenant and a customer is the product is rented, not purchased, and it is always real estate. A customer purchases goods or services from a vendor. There is a reason we have the word "tenant" and don't simply label tenants "customers." The reason is they're two totally different things. This applies even if you read a book or misinformed blog post that says "the tenant is your customer" - no matter how many exclamation points. They are not. They are your TENANTS.

    There are many approaches to being a landlord, but almost none are as effective as what I post here from a lifetime of trial, error and careful recordkeeping. You do not attract a better quality tenant by not enforcing your rents, fees, other lease terms or by being the fastest in the city with repairs. Only the single tenant involved in those matters is affected. 

    If you read my post above you'll note that I never said to take advantage of anyone. I said to enforce the lease. Both ways. That means making repairs in a reasonable time period - given the circumstances and the nature of the repair. It also means collecting rent in full, collecting all fees due in full, etc. 

    You suffer from the misconception that landlords and tenants are equal parties in the contractual relationship. They are not. The tenants are not as familiar with their obligations under the lease as the landlord is. Tenants are typically much less sophisticated than their landlord. They require constant reminders, inspections, follow up, etc. Fees are built into a lease to make that reminder memorable.

    Refrigerators feel like a modern necessity but they do not rise to the level of habitability concerns (i.e. life, safety, health). Accordingly, per California law the landlord has 30 days to make a repair after receiving notice from the tenant (California Civil Code § 1942(b)). This repair will happen within the 30 day window and is entirely within the law and appropriately handled.

    What you fail to realize is that your system is entirely arbitrary. It is unfair to the tenant that sometimes you collect the late fee, other times you waive it. You let Joe move in 4 days early for free, but the unit wasn't ready for Joe's neighbor who was offended you didn't extend the same courtesy (which by the way DOES cost you money - you've never heard of prorating the rent???). 

    Ultimately time and experience have taught us that consistently being in charge of your property, religiously enforcing the lease and keeping the property up leads to better end results. Our average length of tenancy is over 4.5 years. That is a number we track and it is increasing. We have more doors than most having begun acquiring rental property since 1990. We are careful screeners and 95%+ of our tenants are "good tenants." And those good tenants are bound to our lease, in which we set every term. Should they choose to move over a refrigerator, they will continue to owe rent, at the rate we set in the lease until we replace them with another tenant. I submit that the tenant who runs out on a contract they agreed to because of a minor bump in the road of life was not a good tenant to begin with - they would have found some small hill on which to blow up the relationship eventually, people like that always do. 

    If you lack the constitution to be the boss of your property - to conduct inspections, enforce the terms of your lease agreement, communicate with tenants from a position of authority then you should consider a property manager and see if they do better with your asset.


    Its good that I didn't need to apologize for my ignorance because you once again have shown yours.

    By definition a customer buyers goods or SERVICES! Many would consider providing housing a SERVICE. If you prefer to look at it as "goods" then consider that the tenant does "own" the property. You have legally signed over your rights to possess the property and no longer have those rights to the property. So, they do have actual rights an owner has but only those to possess and use and for a period of time as opposed to an indefinite period.

    So, if you prefer to think of the rental as "goods" then you have SOLD THEM a lease on the property. Therefore they are your customer by definition! BTW leases are in some cases actually considered real estate and the lease itself is taxes as real estate. For example ground leases. 

    In my state the time to repair is 2 weeks and refrigerators are required for occupancy in many places. So, it could well be grounds to break a lease depending on the location.

    With regard, to how a property is managed, you have no concept of what I'm talking about. It sounds like it is so far outside your experience that you can't even imagine it.

    By no means does someone have to be a constant hard-*** to be in control of their business and just because a landlord approaches tenant relations differently than you do does it mean they are afraid or uncomfortable being the boss or enforcing their lease. Nobody who knows me would EVER describe me as a "shinking violet". So, you completely misunderstand.

    Just because you have taken one approach and it works for you does NOT mean someone cannot do as well or even better with a VERY different approach. Yes, there are landlords afraid to manage their tenants, but just because someone has a different approach than yours doesn't mean its automatically less effective and doesn't mean they are afraid to manage.

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