Charge for fixing gate?

4 Replies

Hi everyone.  

Last July, my tenant asked me to fix the spring(s) on the garage gate.  I said that I would address it when I had more $$$ to cover the expense.  (it wasn't just the springs, the gate won't open automatically anymore). 

The other day, my tenant was outside "working from home" (which includes a lot of spray painting, etc) and had a large U-haul outside.  She sent me an e-mail demanding that I fix the gate as her stuff was exposed and accessible.  

I had a repairman come out to give me an estimate on the repair.  He said that the electrical mechanism has been damaged due to all of the rains, however the alignment is off track due to some kind of "blunt force" to the gate.  He said this usually happens when a person tries to close the gate on their own.  The estimate came to 950.00. 

Now, this tenant is doing work from home and I am only renting a room to her--- not a work space.  She got paint all over the back yard.  I would like to ask her to pay half of the expense to the damaged gate.  I advised her that I am not renting a work space to her and to remove all of the paint from her projects--- she said the paint had already been there from former tenants.  (this is not true)  1.  Can I do this?  It states in her lease that the resident is responsible for repairs, but it didn't say what kind.  2. Should I ask for all of it or just half?  3. What are my options as far as warning notices regarding the paint? 

Thank you in advance. 

Unless you can prove the tenant damaged the gate you can not charge her. As for the paint you never allow any tennat to do anything on your property esspically operate any form of business. Send her notice to cease all business operations and hire someone to clean up the paint. Bill the cost to her. Most likely she will move out. Consider yourself lucky if she does.

I agree with Thomas. Without proof, I wouldn't charge the tenant but I would certainly give them a warning.

I would also stop her from conducting business on the property and I would charge her for any necessary repairs to the lawn.

Yes.  I guess thats all I can do.  There have been other issues as well which I will mention later.  Thank you. 

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