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34
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Taha Tekreeti
  • New to Real Estate
  • Fairfax, VA
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Question about responding to tenant threatening to withhold rent

Taha Tekreeti
  • New to Real Estate
  • Fairfax, VA
Posted

I manage my own property in Virginia, and my tenant asked me to replace the oven because it's burning food. I asked for measurements to arrange the replacement, but they took two weeks to respond. When they finally sent the measurements, they also listed other repairs. I was busy and didn’t reply immediately, and now they’re saying they’ll withhold rent until I address their requests. How should I respond without seeming like I'm only replying because of their threat?

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Russell Brazil
Agent
  • Real Estate Agent
  • Washington, D.C.
29,681
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Russell Brazil
Agent
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied

Withold rent, get served an eviction notice. 

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Greg M.#4 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
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Greg M.#4 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
Replied

Unless VA is very different, they can only withhold rent for very limited issues that affect habitability. It also usually requires opening a special bank account and depositing the rent and/or getting court approval.

No rent = eviction notice. 

And are you sure the oven needs replacement. Most likely just needs a new internal thermostat or the tenant is an idiot and is causing the burned food. I had a tenant complain to me that the oven never gets hot enough, but the food does cook. They had changed the digital thermostat setting to celsius instead of fahrenheit. 🙄

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113
Posts
70
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Tony Savage
  • Real Estate Broker
  • San Diego, CA
70
Votes |
113
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Tony Savage
  • Real Estate Broker
  • San Diego, CA
Replied

Withhold rent, serve 3 day notice to pay rent or quit.

User Stats

56
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76
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Terra Padgett
Professional Services
  • Investor
  • Houston, Tx
76
Votes |
56
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Terra Padgett
Professional Services
  • Investor
  • Houston, Tx
Replied

Do NOT be bullied by tenants. You are the boss, not them. Unless the home is uninhabitable or poses an imminent danger to life, then confirm receipt of their work orders and provide applicable updates as soon as available. If rent is not received when normally due, then eviction proceedings will commence. It’s probably too late now, but I would add to renewal or future leases that appliances provided in the home are courtesy only and Landlord is not responsible for maintenance or repairs to them; then list such appliances.

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Nathan Gesner
Agent
  • Real Estate Broker
  • Cody, WY
39,624
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26,886
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Nathan Gesner
Agent
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Taha Tekreeti:

1. It's important to know and follow the law. Your tenant is only allowed to withhold rent when specific requirements are met, and they must do so in a very precise manner. Look at the bottom third of this page: https://vsb.org/soyoure18/groups/SoYouRe18/landlord_tenant.a...

2. If you don't know the law, you can't control the scenario and tenants will continue to make your life miserable. I recommend you buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice about the management of investment property, has sample forms that can be edited, and - most importantly - tells you what your primary state laws are and where you can read them. It's updated yearly and is the best $40 you'll spend as a Landlord. 

3. When your tenant communicates with you, at least acknowledge their communication so they know they've been heard. Example: "Thanks for the list of repair items. I'm really busy right now, but I'll get back in touch on Monday."

4. Repair as quickly as possible. Landlords who maintain their rentals attract higher-quality renters who pay more and stay longer. This also protects the value of their investment.


  • Property Manager Wyoming (#12599)

American West Realty & Management Logo

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Theresa Harris
Pro Member
#3 Investor Mindset Contributor
10,926
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Theresa Harris
Pro Member
#3 Investor Mindset Contributor
Replied

The fact that they took 2 weeks to get back to you shows that they are up to something.  How old is the stoves and it is worth getting a used one to replace it or have it repaired?  When it comes time to renew the lease, I'd find new tenants.

As others said, no rent, time to start with a notice and then eviction.  I'd also arrange to do an inspection of the unit if you haven't already-give them 24 hours' notice (or what is required by law in your area).

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John Teachout#2 Syndications & Passive Real Estate Investing Contributor
  • Rental Property Investor
  • Concord, GA
3,239
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3,487
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John Teachout#2 Syndications & Passive Real Estate Investing Contributor
  • Rental Property Investor
  • Concord, GA
Replied

Unless this is a wall oven, most ranges are a standard size. If the property is nearby, I would have gone there myself to A. get the measurements and determine what color to replace with. B. tested the unit to see if it's actually defective. If it's a bad thermostat, those are usually easily replaced. If there are other issues, those should be addressed regardless of whether it may appear you're doing it under threat. We try to respond to service requests within 24 hours.

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5,006
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Scott Mac
  • Austin, TX
5,006
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4,953
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Scott Mac
  • Austin, TX
Replied

Ring ring ring.

Hello Mr Renter.

I'm sorry that the oven has not been replaced yet , it would have been done already had you gotten back to me immediately instead of waiting two weeks. 

Right now we're looking at having it done by the XYZ of the month. 

I'm not ignoring you , and I understand how important an oven is to you. 

But right now because you waited so long this is the best It can be. 

If you withhold the rent I will toss you out on your ear, but I don't want to do that, because you're a good renter and we'll get that oven in there for you as quickly as we can. 

Do you have any questions for me?

========

Don't cause an unnecessary expensive turn--collect the rent.

Good Luck!