Repairs for Tenants who have not paid their rent yet

Repairs for Tenants who have not paid their rent yet

Richmond, VA · Member since 2017 · 21 posts · 11 votes

One of my tenants dryers stopped working they texted me today, they have not paid their rent for this month and they have been paying their rent a month late almost every month so they are essentially never caught up. 

Do you still do the repairs for tenants when they haven't paid their rent? In this case the dryer stopped working.

also am i legally obligated to still do the repairs if they haven't paid?

any advice would be greatly appreciated! Thanks!

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
7y

Make the repairs.  Besides, you are going to need to fix it anyway.

But, worse case, you try to evict.  Then the tenant says "I didn't pay my rent because they didn't fix my apartment when I complained."  Then the judge forces you to fix the dryer and come back to court a few weeks later.  You lose more rent.

I'll say it again.  Make the repairs.

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    7y

    Make the repairs.  Besides, you are going to need to fix it anyway.

    But, worse case, you try to evict.  Then the tenant says "I didn't pay my rent because they didn't fix my apartment when I complained."  Then the judge forces you to fix the dryer and come back to court a few weeks later.  You lose more rent.

    I'll say it again.  Make the repairs.

  • Specialist · Cleveland, OH · Member since 2018 · 270 posts · 187 votes
    7y

    Get them coin operated dryer and washer. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    Greg is right.  Treat the two issues separately.  Fix the dryer and give them notice for failure to pay rent.

  • Rental Property Investor · Member since 2018 · 36 posts · 32 votes
    7y

    @Dillon Dull

    Our lease states that rent must be paid by the 6th of the month. I explain to the tenant when they sign if they can’t pay pay by the 6th, they should keep it for a deposit for their next place as they will be moving. Don’t let tenants go so late. They’ll never catch up and may fall farther behind.

  • Rental Property Investor · Central, FL · Member since 2016 · 950 posts · 821 votes
    7y

    Fix YOUR property.  But EVICT THEM 

  • Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    7y

    My property maintenance is not tied to payment of rent. The only time I might avoid (non-critical) maintenance is in the case of an acrimonious non-renew or eviction in progress. Otherwise it is one way to model responsible behavior. Once you do this, tenants quit trying to use minor maintenance issues in a futile effort "excuse" in their own mind their own poor rent performance because then they have to deal with you more not less.

  • Richmond, VA · Member since 2017 · 21 posts · 11 votes
    7y

    Perfect thanks guys I appreciate it! I’ll get to fixing it i guess :/

  • Rental Property Investor · Douglas County, MO · Member since 2014 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Dillon Dull:

    Perfect thanks guys I appreciate it! I’ll get to fixing it i guess :/

     That isn't the only thing you should take away from the replies you received . . . .

  • Property Manager · Roanoke, VA · Member since 2016 · 59 posts · 39 votes
    7y

    Depends on your lease. We use an addendum for our clients that states the following:

    "Tenant understands that if the washer/dryer is provided in their home, it is for your use until it breaks. The owner will repair at their option."

    This would allow you to choose to fix it, but I'd agree with the above replies. I'd fix the unit.

  • Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
    7y
    @Dillon Dull It is common to have a policy wherein repairs are not done if rent is delinquent. I would repair if damaging my property. I would repair if unsanitary or otherwise unsafe especially with children. But I would have no qualms about not repairing a dryer. It is not illegal in Texas. There is a landlord tenant guide online for Texas and probably every state has something available on the web. Nolo’s web site has a state by state guide to some common landlord legal concerns.
  • Los Angeles, CA · Member since 2019 · 512 posts · 301 votes
    7y

    @Dillon Dull your first mistake was letting them pay a month late. Dryer will need fixing regardless so that’s besides the point.

    A month late? They either should’ve paid massive late fees, been evicted or you should found another business to be in

  • Rental Property Investor · Cleveland, OH · Member since 2016 · 126 posts · 71 votes
    7y

    @Dillon Dull Hi Dillon, looks like most people gave you the correct advice to fix the dryer. I just want to point out that if I were you, I would update the lease with your next tenant to show that you will provide a washer/dryer for the property, but if it breaks or has issues, the tenant is responsible for repairs. I did this in my units and its been great...I wish I would of done it sooner. 

    Good luck!

    Brian

  • Rental Property Investor · San Diego, CA · Member since 2013 · 3k+ posts · 4k+ votes
    7y
    Originally posted by @Dillon Dull:

    One of my tenants dryers stopped working they texted me today, they have not paid their rent for this month and they have been paying their rent a month late almost every month so they are essentially never caught up. 

    Do you still do the repairs for tenants when they haven't paid their rent? In this case the dryer stopped working.

    also am i legally obligated to still do the repairs if they haven't paid?

    any advice would be greatly appreciated! Thanks!

    Disagree with your first reply. No. We do NOT do repairs if someone has t paid rent. Unless it’s something that’s harming the property (roof leak or something)

    That’s started in the lease. We stick to the lease. Always. 

  • Rental Property Investor · San Diego, CA · Member since 2013 · 3k+ posts · 4k+ votes
    7y

    Re the “it has to be fixed anyway”. Yeah. So fix it for the next person who pays rent. Or fix for them when they pay you rent 

    Too many tenants (and owners for that matter!) take not paying rent way too lightly.  Not paying rent is them stealing from you.  Seriously.   If a tenant paid their $800 rent to you and then a few weeks later broke into your house and stole $800 from you, it’s financially the same as if they just didn’t pay rent at all. So view it that way  

  • Steve RozenbergPro Member
    Specialist · Houston, TX · Member since 2015 · 1k+ posts · 1k+ votes
    7y

    @Dillon Dull

    First I would check with your local and state laws regarding Property Code. There is what is cosmetic and what is uninhabitable.

    It also depends on your lease and what was included in the lease and the verbiage as to what happens if said equipment breaks.

    Washer / Dryer are the highest users appliances in a rental. We do not supply them for this very reason

    It is a lose / lose. If you fix it then you have set a precedent to fix and repair. If you do not now you have a bad situation with your tenant and have to deal with the soured business relationship.

    I would adhere to what your lease says. That is what you need to defend if you have to get legal counsel at some point.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    7y

    I would tell them that the repair man has been called , but they are backed up right now , but I will be stopping by to collect the rent and look at the dryer .

  • Kenneth GarrettPro Member
    Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
    7y

    @Dillon Dull

    I provide all appliances including w/d in my rentals.  It is my responsibility to repair them If needed.  This is a separate issue from paying rent.  If there a month behind serve them there notice.  It’s a 5 day notice by me.  Many times when I serve the notice, the tenants pay up.  I do have one tenant who pays late every month and I charge them the late fee.  15 months and counting.  I enjoy the late charges but I would prefer they pay on time.

    I have not tried the maintenance of appliances is the tenants responsibility as others have suggested.  I’ll have to check my state laws.

    Good Luck.

  • Richmond, VA · Member since 2017 · 21 posts · 11 votes
    7y

    Thanks for the replies everybody, I’m going to check my lease and see what it says, and I am going to update it in the future and have the washer and dryer be as is.

    I really appreciate all the responses!

  • Attorney · Austin, TX · Member since 2014 · 890 posts · 759 votes
    7y

    Everyone asking for and giving advice on Landlord/Tenant law...smh.  LL/T law is very state and municipality specific.  What may be permitted in one city/state would be a costly violation in another city/state.  Sometimes even different city in the same state.

    IN TEXAS, the LL's duty to repair health/safety/hot water is absolute, but only if T is current with rent and after written notice per the *written* lease.  This duty cannot be waived in a lease, and if so, T can terminate the lease.  Also in TX, lease provisions are independent, meaning T's duty to pay rent is independent of any LL violation of the lease.  Finally, among other remedies, a T has a process to repair and deduct.  If done correctly, LL may not evict tenant.  Otherwise, T can sue in JP court and get an order against LL to make repairs (and/or terminate the lease at T's option).

    In other words...don't be a dick.  If they don't pay, evict.  If they are constantly late, enforce your lease.  Otherwise, take care of your property and the relationship with the people who hold possession of your property.

    For LL/T advice in your jurisdiction, read your property code and talk to a lawyer licensed in your state.

  • Investor · FL · Member since 2017 · 266 posts · 220 votes
    7y

    @Dillon Dull

    Fix it and email the appliance guy your 3 day notice so he can post it on the door for you.

    Save some gas.

  • Investor · FL · Member since 2017 · 266 posts · 220 votes
    7y

    @Dillon Dull

    PS I dont provide washer/dryers except my buildings which are coin operated. I only provide kitchen appliances. Common in my market. I recommend doing this in the future If its acceptable in yours.

  • Forney, TX · Member since 2013 · 119 posts · 101 votes
    7y

    Your only asking for trouble letting them get a month behind, but since you are already there. 

    Check with you local codes.

    Here in Texas you do not have to if rent is delinquent, our lease states that rent must be on time for 3 consecutive months before we do any non safety related repairs. This has been through eviction court and Judge told the tenant to pay rent or move.

  • Real Estate Attorney & Investor · Greater NYC Area · Member since 2016 · 70 posts · 48 votes
    7y

    @Dillon Dull they are different issues. Courts don’t look kindly on landlords that are deemed to be extorting rent from tenants. You are in a contract with your tenant. Hold up your end of the agreement by making the repairs and then evict them for not holding up their part of the agreement. Don’t give them any ammunition to use against you in court.

  • Rental Property Investor · San Jose, CA · Member since 2015 · 401 posts · 221 votes
    7y

    @Dillon Dull

    Don’t let them go late. They’ll never catch up.

  • Chicago, IL · Member since 2018 · 546 posts · 227 votes
    7y
    Originally posted by @Alex S.:

    Get them coin operated dryer and washer. 

    I'm with Alex S. on this; loving the idea of a coin operated washer/dryer. There are some nice ones out there too which can help with any rental modernization undertakings, but again, regardless of the tenant, I'd recommend making the repairs as soon as you can.  

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