What am I responsible to compensate tenants who just moved in?

Question

Hello-  I am new to landlording.  I have tenants who just moved into my condo and are requesting compensation for: (1) repainting (I had to repaint a wall in a different color than they originally saw when I took down my speakers); (2) loud bathroom fans in each bathroom; (3) Ceiling fans that are outdated but functional; (4) wall wiring so that their t.v. does not reveal the wires; (5) fridge filter which admittedly was old and they noted that my flooring has a soft spot but did not request replacement (yet!).  Can someone direct me to a resource of what I am required to "fix" or "compensate".  I would really appreciate it.  --  BTW i own a fourplex with Section 8 tenants and they are not even close to as needy as my higher end condo.  Just an aside.  Thanks again, dave

Account Closed · Answer

LOL, well, that was what I was really saying - and of course, they knew it.   And it usually made them mad enough to leave.  The owner and I would say (behind their backs of course) "Don't let the screen door hitcha..."

Account Closed · Answer

Hi David.  I used to rent apartments in Silicon Valley.  This is what I'd do:

Tell your tenants that they don't get compensation for anything they're asking for.  Then give them the "happy clause."  Tell them, if they are not happy with the condo, that they have written permission from you to just give you 30 days notice if they want to move.  That you won't hold them to the lease.

1) I don't understand if you repainted or if they repainted.  But, if they decided to repaint without working out an agreement with you ahead of time to pay them for the work, then that's on them.

2) effective bathroom fans are loud.  If they don't want to use them, that's up to them.  But, if mold is the result from them not using the effective bathroom fans that are in place, they will be in violation of the lease and will be held accountable for any moisture damage that results, such as mold.

3) they saw the ceiling fans when they looked at the unit.  They function.  Ceiling fans are not required by CA law.  And no, they are not allowed to change them.

4) No.  They are not allowed to poke holes in the walls to hide their TV wires, and you aren't going to do it.  They may want to look into the tubing that they can attach to walls, that hides the wires inside them.  And any damage to the walls above normal wear and tear from these, they will be accountable for.  If they want a home where they can change the wiring, they will have to buy one.  But, it won't be your condo.

5) fridge filter - you will replace when necessary.  If they spent money on a filter without discussing it with you first, no go.  They need to be trained to call you to take care of problems.  Tenants are not allowed to repair and deduct except under very specific situations under CA law.

6) thank you for letting me know about a soft spot on the floor.  Then go see if it's caused by anything that needs to be fixed, like a leak.  Otherwise, they can live with a soft spot.

One of the first things a landlord needs to learn, is how to say no.

Get this book.  It was my bible.  And be sure to read the section on move-outs and required inspection notice, etc.  If you don't do it right, they can leave the place trashed, and you would have to give them their full deposit back anyway.

https://www.nolo.com/products/the-california-landl...

Here's the CA Dept of Consumer Affairs online landlord-tenant handbook:

http://www.dca.ca.gov/publications/landlordbook/

Just use the happy clause mantra with these guys.  "I can see that you aren't happy with this condo, but I am not willing to do what you want me to do.  So, if you are not happy here, I will put in writing that you can move with just 30 days notice.  I won't hold you to the lease."

They will usually look at you like you're mad, and will try to forcefully convince you to give them what they want.  Don't try to please these types of tenants.  You won't make any money on them.  They will treat you like a servant who is lucky to have them in your life.  They will constantly be telling you to jump higher.  You'll need to just use your mantra.  I'd do it in a very understanding way, while sounding like a broken record.  "I understand what you want.  But, unfortunately, I can't give it to you.  So, if you decide to move out, you just need to give me 30 days notice."

If they start saying they'll sue, then you say, "I understand that you may decide to sue, and that's your right.  But, my answer is still no.  If we end up in court, though, I'll be happy to abide by the judge's decision."  Sometimes they'll back down.  Usually, though, their egos won't let them, and they'll choose to move out.  I actually never had one sue me.  But, I was never afraid of losing anyway.

And in my opinion, in the future, just do month to month agreements.  This way, you can also get rid of them with just 30 days notice, 60 days if they've been there a year or longer.  In CA, except in rent controlled cities, you don't need a reason.

Amit M. · Answer

easy answer: the unit is rented in as is condition. Don't like it, GTFO

Easy peasy

Michele Fischer · Answer

Wow, this seems crazy, but now you are in a difficult spot.

Did you do a walk through inspection with them?  After the paint update?  Did they voice any concerns at that point?

These are going to be high needs tenants.  Too bad you couldn't tell that and weed them out before you signed anything.  Did you have any indication that they would be high needs?  It is not discriminatory to allow pushiness, fussiness, lateness, etc to influence your decision.

Here's what I would say:  "We will reimburse you for the fridge filter, although in the future you need to has us perform any needed repairs.  Everything else is functional as is and should have been discussed with us prior to move in.  We are committed to providing working and functional items, but we make other upgrades on a planned and budgeted schedule.  If you'd like to upgrade the bathroom fans to whisper fans, we will do the work and split the costs with you.  If you think you've chosen the wrong place to live, we'll gladly let you give notice to move out (insert date)."

They will either learn the boundaries and adjust their expectations or it will escalate.  Always offer PIA tenants an out even if it will hurt financially, because the sooner you both move on the better things will be.  And offering to cost share on upgrades is a great way to go - it makes sure they really want it, and it prevents them from tearing it all out at move out.  But control the costs and workmanship.

Good luck!

Account Closed · Answer

Landlording involves a lot of crying - from despair to hysteria.   Glad to be of entertainment value at the least. :-)

"The Art of Saying No to Tenants" by Sue Kelly.  I like it.

Account Closed · Answer

I thought I'd add an example.  I had a tenant who was really demanding.  The owner came every weekend to do any maintenance that was necessary.  One day she said she needed a new shower head because hers was dripping.

By the time the owner and I went into her apartment (he wanted me there, as he didn't trust her to claim he did something untoward - she was a piece of work) and the shower head was not dripping.

We pointed out to her that it wasn't dripping.  She vehemently said that it was driving her crazy while she was trying to meditate earlier and something had to be done!

The owner asked her, "Did you take a shower this morning?"  She looked appalled that he would ask her such a personal question.  I said, "When you take a shower, the shower head will drip for a while, because it will drain the water left in it after your shower.  That's normal and maybe that's what you were hearing."

Well, she started going off again and the owner said, he'll just put in a new shower head.  He had some in the building, so it just took a minute.

But, her real need was not to fix a problem shower head, but to have us jumping at her whim.  It's a power trip.

Then, after the shower head was installed, she said she wanted us to have some other tenants across a small breezeway from her, stop using their air conditioner because the noise bothered her.

I said, no.  We will not be requiring any tenant to remove their air conditioners.  She absolutely flipped out.  I said, you've been living here for a year and never complained before, and they use it constantly, even if just as a fan.  Perhaps, she's having a hard time in her life right now and all of these normal noises are bothering her, and I'm sorry she's having a hard time with noise right now.  But, we will not be requiring anyone to remove their air conditioners.

She looked at the owner, who meekly mumbled something like, "That's right," and he bee-lined it out of there LOL.

Within the next week she gave her notice to move out.

Once you draw a line in the sand with these tenants, they usually move out.  Not quietly, by any means, as they will constantly complain about anything until they are gone, trying to see if you will back down.  Don't back down and let them leave, is my advice.  Find another tenant who won't make you want to drink :-)

David Lamb · Answer

Thank you so much Sue Kelly and Amit M.--  You both had me truly laughing out loud.  Not the LOL but the true LOL.  I really appreciate you taking the time out to give me advice, it really helps.  Dave

Don Ireland · Answer

Beyond the fridge filter, I think a lot depends upon what your lease says.  Most LLs I've ever dealt with/known had a clause that simply said the tenant may not make any changes without LL approval.

If your lease has that and they made changes, not only can you refuse to reimburse them, you can charge them for putting it back they way it was.

Now having said that, I have to ask:  what are we talking about on the paint?  You had some neutral color when you showed the place and then painted it some outlandish color (maybr bright red)? If the color difference was major like that, I think I would cut them a little slack on that issue.

What am I responsible to compensate tenants who just moved in?

Most Popular Reply