Tenant scheduled a repair without notifying me first
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Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
11yWhat does your lease say? My lease says all repairs must be approved by the landlord. Therefore in this situation, I send an email back. Thank you for notifying me regarding the repair. We appreciate you fixing the repair at your expense. If this happens in the future please contact me at X so we can have this problem remediated in an expedite manner through a company we have a contract with!
This way you in a polite manner
1) thank them for taking care of the issue
2) address it at their cost
3) address the of the correct contact
4) identify tha tyou have your own repair people
35 Replies
- Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes11y
I have sat through court before on this exact situation as a landlord.
First off HOW did the tenant get your work address e-mail??
Your lease should spell out who to contact for emergencies and repairs and the METHOD of contact.
If you only put your personal e-mail and phone contact then they wouldn't have had your job e-mail address and it sounds like you would have gotten the notice from the tenant THAT DAY.
Most landlords can check cell phone and e-mail on the phone as well so either should have worked unless you have a spam filter etc. The calling gives the fastest response generally and leaving voice mail if no pick up.
What I have seen judges ask the tenant Is if they gave written notice of a repair needed to be completed?? If they didn't which 99% don't then the judge usually rules against the tenant. The reason is a tenant just can't do repairs and then bill the landlord with expensive pricing. The landlord wasn't given a chance to rectify the problem. The landlord owns the property so it should be THEIR choice on how repairs are completed and at what costs and not the tenants.
You have to watch for tenant scams. One is to as they mention get uncle bubba to do it and try to reduce the rent owed with above market repair rates. Another is they tell the repair person that the landlord agreed to pay the bill and to do the work and here is the landlord information! lol
In some areas the company does the work and then tries to lien the landlords building when they find out the tenant was lying. They try to bill the landlord and say they are lying and not the tenant as they know the tenant is poor and they might can extract money from the landlord.
How long has this tenant been at your place and paying on time?? 6 months, 1 year, 2 years etc.?? I would weigh that on the work out options.
I don't like direct deposit as I have seen this happen to others before where the tenant argues that the landlord ( took my partial payment direct deposit so they were working with me ) is the spiel they tell the judge.
You need to give the direct deposit money back with a letter stating that it is not the full rent and cannot be accepted. RENT and REPAIRS are separate issues and one has nothing to do with the other. The tenant is simply trying to manipulate the situation to their advantage.
This way when you go to court you can show the judge you did not accept the partial payment for rent or as a credit against repairs. The repair company should give you a copy of the work performed.
Get RID of the garbage disposal. Tenants put all kinds of crap in them that do not go there and breaks the machine. This would have been a perfect time to take the disposal out and do a cheap fix to just pipe it. If you have other units empty right now with garbage disposals and other things that can break go ahead and take those items out. The less you have of these items the better. Just like a fridge with a water line in back. Instead have the fridge with the trays for ice cubes.
No legal advice.
- Real Estate Broker · Kansas City, MO · Member since 2014 · 20 posts · 5 votes11y
Originally posted by @Matthew Paul:
Ask yourself " Who is in charge the landlord or the tenant ? " .
A bucket under the sink will work for a day or 2 . That company is expensive to start with and if it was xmas or xmas eve it would be holiday charges .
Deadly Mistake #14 - Letting tenants run the show. - http://www.biggerpockets.com/renewsblog/2013/05/30/bp-podcast-020-mistakes/
- 11yDana R.San Clemente, CA · Member since 2014 · 70 posts · 7 votesOP
I sent a strong, but polite email that sorta went like this:
I started off by saying that I was sorry to hear about their Christmas dinner. But, I said any reimbursement for the repair was a separate issue from not paying all of the rent.
Therefore, any rent deducted would be considered unpaid rent. I asked him to pay the remainder of the rent in the next few days or else I would have to proceed accordingly.
I told him that any deduction like this was not only a violation of the lease but of California tenant law. I pointed out the California statute only allowed rent deductions under certain drastic conditions, but his situation did not meet them.
Under the terms of the lease, there was no proper notice given nor enough time given for the landlord to respond. But, if he had any questions about the lease, to please let me know.
Okay, here's his email, paraphrasing it:
"I am shocked to hear this "wait to hear back from landlord so the landlord can come first look at it" response
The sink was absolutely spilling water all over the kitchen floor. Waiting to repair it would have cost more than $500; it would have cost thousands of dollars.
I am very cognizant of the terms of the contract but there are emergencies in real life that supercede it and this was one of those times. Normally, like when there had been another problem, we would've done it as you said.
I am done emailing with this. Come over and see the pictures I have of the leak and the sink."
- Sioux Falls, SD · Member since 2013 · 3 posts · 0 votes11y
Originally posted by @Dana R.:
I sent a strong, but polite email that sorta went like this:
I started off by saying that I was sorry to hear about their Christmas dinner. But, I said any reimbursement for the repair was a separate issue from not paying all of the rent.
Therefore, any rent deducted would be considered unpaid rent. I asked him to pay the remainder of the rent in the next few days or else I would have to proceed accordingly.
I told him that any deduction like this was not only a violation of the lease but of California tenant law. I pointed out the California statute only allowed rent deductions under certain drastic conditions, but his situation did not meet them.
Under the terms of the lease, there was no proper notice given nor enough time given for the landlord to respond. But, if he had any questions about the lease, to please let me know.
Okay, here's his email, paraphrasing it:
"I am shocked to hear this "wait to hear back from landlord so the landlord can come first look at it" response
The sink was absolutely spilling water all over the kitchen floor. Waiting to repair it would have cost more than $500; it would have cost thousands of dollars.
I am very cognizant of the terms of the contract but there are emergencies in real life that supercede it and this was one of those times. Normally, like when there had been another problem, we would've done it as you said.
I am done emailing with this. Come over and see the pictures I have of the leak and the sink."
Did he not know to turn off the water facet? There wouldn't be a 'major leak' if the water facet was turned off. If that didn't work then he should turn off the water under the sink or to the house and call you.
Nothing supercedes the contract - the contract is the end all, be all; it defines your whole relationship.
If he refuses to pay in full I would immediately issue a notice to pay or quit as the start of the eviction process.
- Investor · Meridian, ID · Member since 2013 · 133 posts · 50 votes11yThat's why I don't have garbage disposals in my rentals. Best advice one of my mentors ever gave me.
- Cape May, NJ · Member since 2013 · 14 posts · 2 votes11y
I am not sure if you have this covered in your lease, but I have rented homes that dictated vendors in the lease. I recently transferred to NJ and I am currently renting as I check out the market here and become familiar with the area. My current lease requires me to pay for a chimney sweep if I wish to use the chimney. The lease also outlines that I must use a particular sweeper. So this ensured that I used an approved provider, and the landlord felt comfortable with the job performed.
As far as this case and the $500 bill, I would remind them of the terms in lease and split the bill. Half paid by you for the new disposal unit and half by them as a reminder that they have to follow the terms of the lease. I also agree with Marcia that you should not have them deduct from the rent. Instead send them the check so you have records for your accountant and the expenditure is clear for your taxes.
Good luck, and Happy New Year.
Phil
- 11yDana R.San Clemente, CA · Member since 2014 · 70 posts · 7 votesOP
Does anybody know how much water would have leaked if there was a problem with the garbage disposal?
Would it have been fairly limited? Or, would there been as much water as the tenant claimed?
The tenant claims he has photos but how would I know he just didn't dump some water on the floor and then take the picture? There are so many inconsistencies with his story that I don't know if I should even trust any pictures he produced. - Investor · Plano, TX · Member since 2014 · 145 posts · 102 votes11y
@Dana R. I would always take full payment and then write a check for the cost. It's important to do this because all business accounting should be done in accordance with GAAP. Though you can account for it properly with the incorrect check amounts, I like to make all my checks line up. Deducting the expense inaccurately makes your expenses less than they are and your income as a ratio to your expenses looks better.
I'd evaluate my situation with the tenant. If they were an AWESOME tenant for many years..I'd probably be very stern..explain that we will just exchange checks for the proper amounts..and they will sign a document that they understand they violated the lease; any further violations and they will have to move immediately.
If they were not good tenants overall and this is something in a long list of issues.. Good time to find a new tenant.
The unfortunate thing about this is usually a broom handle and 10 seconds of time makes the stupid garbage disposal work.
- Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes11y
Originally posted by @Dana R.:
Does anybody know how much water would have leaked if there was a problem with the garbage disposal?
Would it have been fairly limited? Or, would there been as much water as the tenant claimed?
The tenant claims he has photos but how would I know he just didn't dump some water on the floor and then take the picture? There are so many inconsistencies with his story that I don't know if I should even trust any pictures he produced.As soon as you turn the faucet off , or the dishwasher , the water would stop . Place a bucket under the sink . Problem solved ,temporary but effective .
- Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes11y
It seems like there are two concurrent arguments going on at the same time between you and tenants.
Should they have called in a repairman to fix the issue without your prior consent? The answer is no. But you are being reasonable and is willing to pay for the cost of the repair, provided that it's done right, and the cost is reasonable, you have yet to determine that.
Could they deduct their cost from the rent check? No, because until you have item #1 figured out you don't know the amount, and also YOU WANT RENT IN FULL.
Don't mix the two issues together. Rent is rent, repair is repair. The net amount may be the same, but you need the full rent amount for tax purposes, repairs are expenses to you and need to be accounted for separately.
If you don't hold your ground next month they will deduct their cost of six new light bulbs and two spare keys, the month after next will be a shower curtain and a plunger.
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