Tenant is lying and looking to swindle me

Tenant is lying and looking to swindle me

Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes

A couple of month ago, a tenant I have had for 2 years told me her freezer would not always seal when she closed it.  I went to the house and even though the fridge was only 3 years old, I told her i would swap out the fridge mainly to keep her happy.

Being busy, I told her I would be there with the new fridge but was unable to make it.  This occurred again.  If felt bad and said I would without fail be there on the following Wednesday or her next months rent was free.  These had been communicated in phone texts.  On the following Wednesday I did not have my handcart with me, I live about 3 hours from the house.  I called her and said I could be there if need be but would rather make the due date that Friday.  She said no problem.  On Friday I gave her the new fridge and left.  She never mentioned anything about the no rent for the month.  She had sent me a text on that Thursday about discussing her rent discount with a LOL appended to the end.

Today I texted her, asking if she had sent out my Nov rent, she  said no.  Was not going to because I had not deliverd the fridge on the date I had texted her.  I thought she was kidding.  She was not.  She followed up with a fabricated conversation, where her boyfriend overheard my saying, no rent was needed, when i delivered the fridge.  So I know she is playing me.

Where to go from here.  My thoughts.

I have been in court several times before for non-paying tenants.  I have listened to many tenants cry about this not working, on and on.  As we all know.  Judges I have seen take the position, if you don't want to live there, move.  While you live there pay rent.

Although I made the claim, She gave no consideration, in the legal sense.  I did not say, move in and I will do this.  Mine was more in the form of a one sided gift.  

I would expect the judge not to clearly determine what was agreed to, since some was texted and some was in phone conversation.  It is unreasonable expect you would not have to not pay rent over an intermittent fridge seal, that was fixed 2days past an agreed due date.  Plus I was in contact with her throughout that week.  Showing a notable effort to correct the problem.

I would like BPs thoughts.


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Investor · Canton, GA · Member since 2014 · 728 posts · 500 votes
10y
Dude, you stepped in your own p@@p! If you say something, you do it.
See this reply in the discussion

75 Replies

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  • Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes
    10y

    I will regretfully admit that I should have never promised any such thing because as I am seeing, people are scum and will lie to get money from you.

  • Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes
    10y

    I will let you know how it turns out.

  • Investor · Corona, CA · Member since 2014 · 746 posts · 372 votes
    10y

    No one lied in this situation. No one is going to agree with you in this situation. Take the lesson as do not make a promise you cannot keep. Give the tenant their free rent and keep it moving.

  • Rental Property Investor · Greenwich, CT · Member since 2015 · 48 posts · 16 votes
    10y

    @Account Closed everyone here is right, you didn't follow through on your deal so you are out of luck. 

  • Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    10y
    Originally posted by @Account Closed:

    @Mary B.

    So address my case of the landlord that says, I will be there or you can have the house.  Think the courts would support this?  No.  It is an unreasonable exchange.  I am not saying the courts will see my case the same as the one i just used but my time in the courts suggest a judge will look at whats fare.  Does a fridge seal warrant not paying rent.  There are only 2 folks who know what was said.  Some in texts, some in phone.  Given that I would think the judge has to look as what is reasonable.

    I understand your upset and I am sorry you are in this position. The issue is you offered something that no one would consider a "joke" in text message form. Instead as I perceived you offered the same type of slogan that many restaurants offer. For example if the pizza wasn't delivered in 30 minutes than it is on us.  

    She didn't call and tell you, you couldn't stop by wed. You told her you couldn't unless she minded. Which why would she you said if it wasn't delivered rent was free.  I know you think its unreasonable but in the eyes of the tenant this seemed as reasonable. 

    Good luck!

  • Jacksonville, FL · Member since 2015 · 60 posts · 15 votes
    10y
    You are slandering the poor tenant in your title
  • Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes
    10y

    @Elizabeth Colegrove

    During our Wednesday conversation, she said Friday was fine and rent would not be free.  Had that been the case I would have been there on Wednesday.  

  • Real Estate Investor · Lansdowne, PA · Member since 2013 · 1k+ posts · 656 votes
    10y
    Originally posted by @Account Closed:

    @Mary B.

    So address my case of the landlord that says, I will be there or you can have the house.  Think the courts would support this?  No.  It is an unreasonable exchange.  I am not saying the courts will see my case the same as the one i just used but my time in the courts suggest a judge will look at whats fare.  Does a fridge seal warrant not paying rent.  There are only 2 folks who know what was said.  Some in texts, some in phone.  Given that I would think the judge has to look as what is reasonable.

    ?

    Under these circumstances, the judge may very well grant the tenant a free month's rent. I don't see it being any more of an unreasonable exchange then you as a landlord making such a barter to the tenant. If I was on the jury I'd be in favor of the tenant here. I was a landlord once upon a time so I've been in your shoes(not to the fullest extent) and would never consider saying something to that effect.  Again, you definitely want to seek legal counsel on this as it seems the tenant is holding YOU to YOUR WORD not theirs. 

    You seem like a very busy person having to reschedule a good 3 times for this one incident and you are 3 hrs from the tenant - all leading me to believe you have and will often break promises made to the tenant. No biggy. That said, calls for a deeper head scratch that you'd offer free rent for the month as a barter. When chances were you'd not be able to make it were very high. The example about relinquishing the title to your house as a barter is not something I've heard of someone 'just saying' simply to convince another party that they will come through on your word. Which you seem to have a problem doing. I Hope You Don't Play Poker!  The phone call is basically hearsay but those texts are evidence, buddy. You know it, I know it and everyone that commented thus far knows it.  

    Kudos,

    Mary   

  • Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes
    10y

    Then she lied about that conversation.

  • Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    10y
    Originally posted by @Account Closed:

    @Elizabeth Colegrove

    During our Wednesday conversation, she said Friday was fine and rent would not be free.  Had that been the case I would have been there on Wednesday.  

     Do you have that in writing through text message? The thing i have learned the hard way is unless you have it in writing it doesnt count :( Sorry you are in this situation 

  • Real Estate Investor · Lansdowne, PA · Member since 2013 · 1k+ posts · 656 votes
    10y

    The tenant didn't make any suggestions such as the barter or multiple rescheduling. That was all on you. The tenant simply agreed to your suggestions. 

    Kudos,

    Mary

  • Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes
    10y

    @Mary B.

    Well you are correct about be being busy, and there have been missed dates in the  past.  I also agree that a phone call is not the same as a text. 

     I still have a hard time seeing what was exchanged.  I made an offer with nothing that clear in exchange.  You can read on and on about a landlord that says I will put in something like carpet.  They go  to court  and the judge says, put in the carpet.  Here the problem WAS address with a new fridge 2 days after the agreed date.  At least with regards to the texts.  It was actually delivered on the exact agreed upon date.

  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    10y

    I warned you.

  • Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes
    10y

    @Elizabeth Colegrove

    I do not have it in writing, but the exchange of texts suggests I am concerned about the tenant and looking to remedy ASAP.  My records of course show a 10 minute conversation took place, and at the time of the conversation I was only 20 minutes away from her house.

  • Real Estate Investor · Lansdowne, PA · Member since 2013 · 1k+ posts · 656 votes
    10y

    I'm not disputing the fact that the refrigerator was delivered too late. Yet 2 days or even 1 day after the date of the barter that you fully suggested(it was all your idea) is the issue. You didn't deliver on the date / time you promised, Wednesday for whatever reason[ this that the other] and Wednesday was the day the barter was for. If you didn't text the barter to your tenant then you may be fine as far as the courts go because the tenant has no solid proof. Although, if you confess to the judge that you said it, they may consider it as a verbal contract and still grant in favor of the tenant. 

    Kudos,

    Mary

  • Real Estate Professional · Hayfork, CA · Member since 2015 · 231 posts · 212 votes
    10y

    Your only hope is if your lease specifies that all changes to the terms must be in writing.

  • Investor · Mobile, AL · Member since 2015 · 66 posts · 21 votes
    10y

    Off topic, ... forgive me ... But does everyone provide refrigerators with rentals? 

  • Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes
    10y

    @Elizabeth Colegrove

    So what can a judge really make of it.   My word against hers.  I dont know how that will play out.  I would expect they will have a hard time seeing who is lying Given the issue was address just 2 days after the due date, according to the tenant, should work in my favor.  

    Its a tough one.  Maybe not to my BP peers, but it is to me.

  • Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes
    10y

    @Kathy Johnson

    @Kathy JohnsonExactly.  I know what you mean, and have not yet dug up the agreement.

  • Real Estate Investor · Lansdowne, PA · Member since 2013 · 1k+ posts · 656 votes
    10y

    Unfortunately its now a public confession here on BP. Unless you get a moderator to erase this entire thread, this is evidence of the whole ordeal. The internet, smh.... 

    Kudos,

    Mary

  • Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes
    10y

    @Mary B.

    That is cool.  I would love the  court to read my rant about how my tenant is lying about conversations that took place and creating ones that never did.

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    10y

    Sorry, but I have to agree with everyone else. You made an unfortunate offer, and then you didn't follow through. Your example of "what if I said the house was yours to keep" doesn't hold water because no one would consider that a fair exchange but many people would see the exchange of a month of rent for a couple weeks of a malfunctioning fridge reasonable, especially since you made the offer. I doubt you are going to find any validation here, so I would suggest you move to evict, take your information to court and see what the judge says. My prediction is that you lose and end up paying costs besides.

    Skyline Properties
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  • Miami, FL · Member since 2015 · 92 posts · 24 votes
    10y
    Originally posted by @Virginia H.:

    Off topic, ... forgive me ... But does everyone provide refrigerators with rentals? 

     It is the landlord's responsibility to provide habitability for the tenant.

  • Investor · Corona, CA · Member since 2014 · 746 posts · 372 votes
    10y

    This thread is annoying now because the original poster does not see that he did any wrong lol. Oh well, I hope you either give the tenant the month free or that a judge does it for you.

  • Real Estate Investor · State College , PA · Member since 2009 · 594 posts · 173 votes
    10y

    Did i mention the tenant agreed to have the fridge being delivered on Friday and that she would still pay me rent, then lied about it :)

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