Tenant's rude response and lease renewal decision

General Landlording & Rental Properties
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Tenant's rude response and lease renewal decision

T Saha
Member since 2019 · 3 posts · 4 votes

Hello All BP Beautiful People,

I'm new in this REI/rental business, just started doing hand dirty with one rental apartment. Need your suggestion/advise.

Issue Background: Tenant notified me by text that  the kitchen faucet is licking. In response I requested to have it fixed per condo repair policy. Then the tenant texted me as follows:

"Hey i am not your service guy this is the second time i am going to parkchester office for service for your old , broken sink .you better help me as a owner to colllect your monthly rent."

My response was as follows:

"Hi,
I do not have any intention to be ignorant as I am always on your side.

Please review the repair policy (attached)from the lease agreement that you signed, just to be clear on roles and responsibilities according to parkchester condo. Tenant is responsible for the repair and cost.

Thanks"

Here is the repair policy:

He did not response anything after that.

Please note: 1. sink was not broken. The faucet went bad for using  and was licking.

2. I visited the apartment afterward and checked the faucet was fixed

3. Tenant used nails to hang many photo frames in the walls

Question:

1. Was my response correct based on the repair policy?

2. What to do if the tenant deduct the repair cost ($80.00) he paid from the monthly rent check?

3. The lease will expire in July 2020. Right now the rent is $1400 but the market went up and current market rent is $1550-1600 for 1 bed room apt. 

Should I not renew the lease and ask the tenant to leave once the lease is expired since he was rude to me and find a new tenant for $1600?

Your advise is highly appreciated.

Thanks a lot in advance.

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Patti RobertsonBusiness Member
Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
7y

I just want to share that I think it is a really bad idea to hold a tenant accountable for all repairs.  They will never care for your asset like you do and will delay or just not do repairs because they don't want to pay to fix your house. What would you think about a car rental lease that said you were responsible for all repairs - even those related just to the age of the car and not anything you did driving it?  That wouldn't make any sense, would it? Well, neither does making a tenant responsible for property preservation of your asset.

757-472-2547
15Reply
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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    @T Saha  If the repair is needed due to normal wear and tear, then the landlord should pay the costs and arrange to have the repairs done.  The faucet could have leaked because it was 20 years old or it could be brand new and the tenant did something to make it leak.  Still if your lease, that the tenant signed, says they are responsible for repairs, then stick to the lease.

    If the rent is $150-200 below market value, check the local laws to see if there is a maximum amount you can increase the rent by and once it comes time to renew the lease, let them know rent will be market value which is $XXXX and give them a reasonable period of time  to let you know if they wish to renew the lease.

    2Reply
  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    @T Saha Where did that lease language come from? Is this a coop and that is Your agreement with the association?  It is Not common for a rental tenant to be responsible for repairing appliances, faucets and such that You own,  caused by normal wear, tear and age.

    6Reply
  • Patti RobertsonBusiness Member
    Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
    7y

    I just want to share that I think it is a really bad idea to hold a tenant accountable for all repairs.  They will never care for your asset like you do and will delay or just not do repairs because they don't want to pay to fix your house. What would you think about a car rental lease that said you were responsible for all repairs - even those related just to the age of the car and not anything you did driving it?  That wouldn't make any sense, would it? Well, neither does making a tenant responsible for property preservation of your asset.

    757-472-2547
    15Reply
  • Lynnette E.
    Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    7y

    I would not use that language in my lease.  Most tenant would not repair the broken facet and you would find out that the cabinet is ruined, there is a moldy mess growing under the cabinet and the floor is rotten.  Most tenants would not fix it or tell you about it with that language.

    As a landlord you want the tenant to tell you about the little things so you can fix them before they become big things.  And you charge them only if its their fault.  If its just old or worn it should be your repair bill. 

    6Reply
  • Eric Mayer
    Rental Property Investor · Clearwater & Daytona Beach, FL · Member since 2019 · 194 posts · 197 votes
    7y

    My property management would have just handled it and given me the bill with something like that. Too inexpensive to risk upsetting a tenant.

    5Reply
  • Jim K.
    Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    7y

    @T Saha

    You started World War Three with your tenant for eighty bucks, some nail holes, and a magical moment of knowing, deep in your heart, that you were right according to the letter of your tenant agreement. As indicated by other posters, this tenant agreement has some seriously screwed up ideas in it when you examine it in the light of some the basic realities of landlording. Making a tenant responsible for fixing a leaking kitchen faucet is just an invitation for the tenant to turn your kitchen's floor into a rotted-out multi-thousand-dollar replacement expense.

    11Reply
  • Jeff Willis
    CA & NV · Member since 2019 · 215 posts · 378 votes
    7y

    @Patti Robertson and @Jim K. were on point. You are new to this business, and it is not an adversary situation. If you treat it as an adversary situation, you will lose; remember, the tenants pay your bills. Your job is to keep the tenant happy, not piss them off.

    Notwithstanding intentional abuse, I consider plumbing, electrical, HVAC, etc. as normal wear and tear and I have repaired and move on.

    Next time a situation like this arises, I suggest you (or your management company) respond immediately and have it repaired and NOT stick the "repair policy" in their face because, as previously pointed out, that policy is incorrect. In my opinion, the tenant was not rude; you were.

    PS - The correct word is leaking not "licking"

    11Reply
  • Account Closed
    Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    7y

    Most leases have a initial  repair fee of $75-$100 which is many times waived if its beyond the tenants control. A busted pipe, ac not working ,etc you would not require the tenant to pay . The initial repair fee is designed to stop the tenants from clogging toilets sinks or showers with hair,grease or paper etc.  A broken  or leaky faucet should be fixed by the landlord . Nail holes would be a move out item and most tenants are allowed to patch it to avoid charges.   

    2Reply
  • Marc Winter
    Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    7y

    @T Saha,

    You are upset because the tenant was being 'rude' to you?  If you think that was rude, you might want to re-think your involvement with a rental property, because you ain't seen nothing yet!  Be fair but firm, and toughen up a bit.  My wish for you:  this is the worst behaviour you EVER see from a tenant.

    7Reply
  • Patti RobertsonBusiness Member
    Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
    7y
    757-472-2547
    2Reply
  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y

    @Jim K.

    Exactly!

    0Reply
  • Sarah Sparks
    Investor · Milwaukee, WI · Member since 2019 · 35 posts · 24 votes
    7y
    I have never seen a rental lease that requires the tenant to pay for repairs. To me the tenant would do their best to avoid repairing anything and wait till they move out. This way of thinking would only cause more damage to my rental property and costing twice as much as if I would just take care of it myself. As a word of thought for the future... renters rent for a reason, so they don't have to pay for those repair bills (large or small).
    4Reply
  • T Saha
    OP
    Member since 2019 · 3 posts · 4 votes
    7y

    Thank you all for your in-depth analysis of the situation and constructive feedbacks.

    I was able to amend the situation with my tenant based on your advise.

    @Jim K. WWIII is over now :) Thanks a lot.

    4Reply
  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    7y

    I might find other tenants for whatever reason, but being rude is probably not a reason I would send someone packing. I would just "give them the message" by raising the rent at lease renewal time. Then you get better paid for the BS. 

    In the music industry we have a saying: "We play music for free - we get paid for all the rest of the BS".

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    Skyline Properties
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    3Reply
  • Jim K.
    Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    7y
    Originally posted by @T Saha:

    Thank you all for your in-depth analysis of the situation and constructive feedbacks.

    I was able to amend the situation with my tenant based on your advise.

    @Jim K. WWIII is over now :) Thanks a lot.

    And they shall beat their swords into ploughshares, and their spears into pruning hooks, and spend the peace dividend while the spending is good.

    1Reply
  • Patti RobertsonBusiness Member
    Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
    7y

    Here’s an excerpt from the material I use when teaching SEC 8 to landlords in our local market.

    HOW SEC 8 RENTS ARE DETERMINED

    • HUD dictates the maximum amount they will pay per bedroom size per market. This is what the HUD chart shows for max rents allowance for every city in our market.
    • You can find the Far Market Rent amounts for every Housing Office in the country on the HUD website at this link. https://www.huduser.gov/portal/datasets/fmr.htm
    • Comparable Rent Test. SEC 8 compares your requested rent to non-SEC8 properties of the same bedroom size, same property type, similar size and age, same city, within 5 miles.

    In Hampton Roads all of our cities pay 100% of market rent. Ask your Housing Office what their allowance is so you know how to guesstimate what your rent will be based on rent comps.

    Some HAs use an outside vendor to determine their comparable rents. Most HAs, however,do their own comparable rent test analysis by using rent comps from similar units that have rented outside of the SEC 8 program in the same city within the last 6 months. If you have the ability to pull rent comps, print them and use the cover sheet on the next page to submit them with the RFTA.

    Comps used have to be within 5 miles of the subject, within the same city, same number of bedrooms (as the unit, not the voucher), same or similar property type (single family, town home, apartment, condo, etc), similar size and similar age. The closer you can get your comps to the property you are submitting, the more likely your HA will use them.

    • Affordability Test. For this test the voucher holder cannot spend more than 30% of their income on housing – rent + utilities.

    You could meet your requested rent amount based on comparable rents, but not get approved because the tenant doesn’t have enough income.

    To find out more, call your local Public Housing Office to sign up for their next landlord orientation. Try it, you must might like it!

    ***********************************************************************************************

    RENT COMPARABLE COVER SHEET

    RENT COMPARABLES FOR: _______________________________________________________

    Tenant Name: __________________________________________________________________

    Date Comps Were Pulled:_____/_____/_____

    Source :MLS

    Criteria Used:

    • Rented within the last 6 months
    • Located in the City of ______________________
    • Located within 5 miles of Subject
    • # of Bedrooms = __________________________
    • ________________________________________
    • ________________________________________
    • ________________________________________
    757-472-2547
    3Reply
  • Jeremy Elcox
    Newport News, VA · Member since 2016 · 28 posts · 12 votes
    7y

    Patti Robertson , great info and thank you for posting that. I would also agree fixing the simple little stuff can bring good will and also an opportunity to inspect your asset and ask questions about anything else that may need fixing. I believe in my short 3 years that getting input from the tenant is huge. When one of my A/C units was dripping down the wall the texted that day. If they had not let me know instantly, the damage could have been very severe. Rentals are a people business and NOT a house business. We provide value and in return we hope our clients don't ruin our assets. Best of luck with everything.

    1Reply
  • Jeremy Elcox
    Newport News, VA · Member since 2016 · 28 posts · 12 votes
    7y

    Sorry for the HUGE text..haha. I have no idea what happened. #facepalm

    0Reply
  • Account Closed
    Specialist · San Antonio, TX · Member since 2012 · 865 posts · 351 votes
    7y

    $80. And the labor was free.. It appears you have a good tenant. They cared enough to fix the problem at cost.. less than cost if they value thier time. 

    0Reply
  • Dylan Earl
    Thorold, Ontario · Member since 2016 · 62 posts · 58 votes
    7y

    Don't text - always call. Want proof of a conversation? Send a text or email after the conversation regarding key points that were discussed. Absolute life saving advice I was given! Don't be hostile always offer to visit and check it out. If they are super concerned about it (ie. it's urgent) tell them to do the repair, keep the receipt and you will meet with them to discuss. It's not that bad interacting with other people :)

    2Reply
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