Castle Rock, CO · Member since 2018 · 6 posts · 0 votes
Hello! I would love to get some suggestions about how to handle the situation I ran into.
I bought a rental house and inherited the one-year lease and the tenants. The lease will be due in 4 months and the tenants are not the best tenants. Just now I received an email from the tenants saying the washer is not working properly. I checked the lease, which doesn’t mention which appliance is included, but does say ‘the washer/dryer will not be replaced by the landlord’. Based on the lease, am I obligated to REPAIR the washer for them? I know I don’t have to get another washer for them, but what if they only want me to repair it?
Do I have the right to tell them either ‘you repair the washer on your own’ or ‘I throw away the washer so you can get a washer on your own’?
Real Estate Investor · Sacramento, CA · Member since 2010 · 292 posts · 103 votes
7y
Yafai, since things are not completely clear one way or the other, this is the time to assume things in favor of you, and let them object, if they do. The issue of not replacing the washer seems to imply if it breaks, you won't replace it, and I'm going to assume also means not repair it, too. If the lease is silent on the issue of appliances, I think you can rightfully refuse to repair or replace it. Since they are not the best tenants, and you'll probably prefer replacing them, so what if they get annoyed at your "lack of customer service?" Do the minimal required legally until their lease expires, then get rid of them. For the next tenant, I suggest you decide whether you want to provide a washer, and then clearly explain what happens if it breaks down.
Real Estate Investor · Sacramento, CA · Member since 2010 · 292 posts · 103 votes
7y
Yafai, since things are not completely clear one way or the other, this is the time to assume things in favor of you, and let them object, if they do. The issue of not replacing the washer seems to imply if it breaks, you won't replace it, and I'm going to assume also means not repair it, too. If the lease is silent on the issue of appliances, I think you can rightfully refuse to repair or replace it. Since they are not the best tenants, and you'll probably prefer replacing them, so what if they get annoyed at your "lack of customer service?" Do the minimal required legally until their lease expires, then get rid of them. For the next tenant, I suggest you decide whether you want to provide a washer, and then clearly explain what happens if it breaks down.
Real Estate Investor · Sacramento, CA · Member since 2010 · 292 posts · 103 votes
7y
Yafei, since things are not completely clear one way or the other, this is the time to assume things in favor of you, and let them object, if they do. The issue of not replacing the washer seems to imply if it breaks, you won't replace it, and I'm going to assume also means not repair it, too. If the lease is silent on the issue of appliances, I think you can rightfully refuse to repair or replace it. Since they are not the best tenants, and you'll probably prefer replacing them, so what if they get annoyed at your "lack of customer service?" Do the minimal required legally until their lease expires, then get rid of them. For the next tenant, I suggest you decide whether you want to provide a washer, and then clearly explain what happens if it breaks down.
Yafai, since things are not completely clear one way or the other, this is the time to assume things in favor of you, and let them object, if they do. The issue of not replacing the washer seems to imply if it breaks, you won't replace it, and I'm going to assume also means not repair it, too. If the lease is silent on the issue of appliances, I think you can rightfully refuse to repair or replace it. Since they are not the best tenants, and you'll probably prefer replacing them, so what if they get annoyed at your "lack of customer service?" Do the minimal required legally until their lease expires, then get rid of them. For the next tenant, I suggest you decide whether you want to provide a washer, and then clearly explain what happens if it breaks down.
Thank you Ed! The lease and the tenants have been giving me quite a lot of headache. I responded their other requests like pest control, winterizing, and furnace repair very quickly and efficiently. Since a lot of rentals in this market only provide washer/dryer hookup, I don’t plan to provide any washer or dryer in the future.
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
7y
If it's not specifically spelled out in the lease, err on the side of doing the right thing. Repair the washer. Before you rent it the next time, be specific:
The rental includes a clothes washer and dryer for Tenant use. However, Landlord makes no guarantees to the condition or function of the machines. Tenant is responsible for any repairs.
Real Estate Investor · Sacramento, CA · Member since 2010 · 292 posts · 103 votes
7y
You're welcome, Yafei, but I'm slightly concerned about your definition of the tenants giving you a "headache." I don't know the particulars, but try not to get headaches over having to respond to legitimate requests for repairs and other services that you may be obligated to do. That's part of being a landlord, providing good customer service. It's probably not the tenant's fault their furnace broke, etc. Only if they were nasty or unusually demanding would I feel justified in getting a headache.
Real Estate Investor · Sacramento, CA · Member since 2010 · 292 posts · 103 votes
7y
You're welcome, Yafei, but I'm slightly concerned about your comment of the tenants giving you a "headache." I don't know the particulars, but try not to get headaches over having to respond to legitimate requests for repairs and other services that you may be obligated to do. That's part of being a landlord, providing good customer service. It's probably not the tenant's fault their furnace broke, etc. Only if they were nasty or unusually demanding would I feel justified in getting a headache.
Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
7y
You might want to establish in writing who owns the machines... I'd ask in an email just to verify since you're the new landlord.
They'll either say they own them at which point they can own the repairs...or it'll be crystal clear that you own them in case they mysteriously disappear at move out.
In terms of repairs/vs replace....I'd replace. Look on craigslist or Facebook market place for used appliance... It'll likely be cheaper then repair by time you add in trip cost, parts, and labor. Lot of them typically have a warranty period as well...
As suggested now is the time to take control. You will not be renewing these tenants lease so there is absolutely no reason to repair a washer that you intend to remove from the unit for future tenants. Spending money for 4 months use is a waste of money.
Tell them that according to the lease you are not going to replace the washer and you have no intention to repair. Might as well take a firm line and make it clear as to your future intentions. Sit back and see what they do. Hopefully thy will leave at the end of the lease without having to evict.
If they refuse to pay rent you may have to reassess your position to get them through to the end. Play it by ear.
Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
7y
Cite the clause in the lease that you mentioned in your response to them and see what they say. They may just go away and that will be that. I personally would not repair a washer if my lease was written that way.
Also, your instincts are correct moving forward in my opinion. In lower class rentals, just provide the hookup and not the actual washer/dryer itself.