All Forum Posts by: Shane H.

This is not correct at all. ESA are still covered as a need for some disability but are not the highly trained version of a service animal. If a tenant has anxiety and their Dr. prescribes them an ESA, you have to still treat it as you would a wheelchair and cannot charge a deposit, fee, etc....

Having an ESA does not mean they can let said animal destroy the unit or disturb the neighbors. I'd follow the others' advice to get more verification, but ultimately it sounds like your main concern is the noise/damage. I would let them know they are still responsible for the noise and any damages that may occur(even though you won't/can't collect a deposit beforehand). Then after the 1st call i'd give a cure a quit notice.

 For me that would fall under the "neglect/misuse" and I would still charge for that. If they had reported once it started failing then it could've fallen under normal wear and tear. But if a tenant let's a known problem continue and that causes additional damages then that would fall on the tenant. Same if they fail to report a water leak under the sink and it destroys the vanity... 

Ultimately it is up to you though and how much slack you feel like cutting them.

Thanks for the update Brandon! I am blown away by how that whole thing transpired, I (and I'm probably not alone here) would NOT have continued renting to the girlfriend after reading how she reacted/handled things up to that point. That being said, I am so happy to hear that everything worked out and that she's still a tenant! It's nice to be wrong sometimes =)

I DID read, but your comments dogging on those that didn't is uncalled for. There is NOTHING in your novel that needs to be read other than you discounted your tenants rent because they're handy and did some repairs for you. I don't know why you felt the need to bash those that took the time to give you their opinions, but that isn't a great way to garner the help that YOU have asked for. 

@Brandon V. Hi Brandon, What ever happened with this tenant? Did you have to evict or did they get back on track? Thanks!

Whether or not it was in the lease is irrelevant. If it had been, he could've pursued eviction for it but that is completely separate from the damages. As an example, if he had allowed you to have a dog, that doesn't mean you aren't then liable for the damages said dog could cause, it just means you wouldn't be kicked out for having the dog. 

Leases usually state that the unit needs to be left in the same condition it was found. The reason for this is it's impossible to list EVERY possible damage that a tenant can incur. So even if the lease doesn't expressly prohibit something, doesn't mean you aren't liable for damages caused.

Hope this helps, I hope you and the landlord in question can reach a mutual understanding.

So are you saying that if someone steals your truck, and you find it parked a few days later and you then take it back, that you'd be stealing? Your statement makes no sense... If the tenant owes them money and sends money without meaning to, how in the world is that stealing for the landlord to apply that payment to their balance owed?

@James Wise sorry, it took me a while to find it again. Here's the anger discussion that was linked on another discussion that talks about BP. 

https://twitter.com/im_kirby/status/1148628540633444352

@Mindy Jensen Thanks Mindy!