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Still Desperately....

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klyncher

Member
What is the name of your state?What is the name of your state?RI
I am having issues with my 2nd fl. tenants who I am not sure are simple minded or taking advantage of me, knowing I'm not too experienced as a landlord.They took the apt unaware they had to pay for their own heating(they moved from NYC). I shopped for the best oil rate for them (they dont speak english too well),gave them written instructions,etc. They were upset about paying for their heat,especially for oil heating. Then, they argued that the 50 yrs+ boiler needed repair/replaced due to inefficiency( which we never disputed), however they also claim that they're ordering too much oil monthly which I also agree, the question is how much more are they overpaying and how much should I help to compensate and what are my obligations as a landlord with minimal means. I lived it that same unit for a year and didnt change the boiler because we couldnt afford it and still cant.
THey claim to order 100 gals per week @ 2.30 per gal, that about $1000 per month. They called us on three separate ocasions on friday nights that they were out of oil since the morning or day prior and their kids are sick from the cold and they didnt have money for fuel.We paid for oil/prime twice that was $500 in one month (nov-dec 05). I felt really annoyed but at the same time guilty and bad for not providing them with an efficient boiler. They told my brother who lives nearby they had found an apt and were leaving without even calling us. I accepted it since they were not used to the unexpected expense .When I informed them I was going to start showing the apt they cried they lost the apt and didnt want to us to show until they found another place.Their lease expired in 12/31/05 and is now month-month. I have not shown the apt since. I gave them the RI energy asst info, they were awarded $600 in Dec 05.
We now wanted to collect rent for Jan 06 and they're crying that because of the boiler inefficiency they're paying monies they could use for the rent and want a deduction to compensate. All their friends have advised them that they should be using only 100 gals per month for heating. Bear in mind that they're 8-9 in the 900+ sqft 5 room apt with the heat running at 80 degrees non stop(the grandmother babysits). They had told me they would only be 3 occupants.Once they moved in I found out by chance they were more. I didnt say anything because they were so friendly,nice, meticulously clean and struggling financially.
I gave them the rent for $50 less than required ($700), I allowed them to use our gas/light for nearly a month for free, I dont charge late fee when a few days late, paid for $500 of heating oil and for some reason I feel like a sucker. Am I wrong or what? We are in the process of changing the boiler to gas either a used (cost $2k-$2.5k)gas boiler or new ($3k-$4k). More likely a new one just in case were not able to sell the house for a while and to avoid maintenance issues. We informed the tenants of our plans but are asking for a rent deduction due to the boiler issue although they have energy assist for $600 for the season. THey claim to have paid over $600 in less than 30 days already and wanted to keep some of the assistance balance after we install the gas boiler. We're not certain when we will install the boiler, and that assistance will be depleted in this month, so what are my options or obligations regarding providing heat or boiler maintenance for the tenants if they cant afford fuel again???????. :confused: my husband is considering giving them a $200 rent reduction to $500, but I think its too high and will only pinch our $1900 mortgage on this 2 unit property with the other unit vacant since this summer. Help, and I thank everyone for advice.
 


BL

Senior Member
Your option is to give them a 30 day eviction notice as per State Landlord tenant law .

Once they are vacated , turn down the thermostat to say 60 - 65 degrees to keep pipes from freezing .

Their obligation are to pay their own heat bills . They have the option of turning down the thermostat .

They also have a right to complain to the code inspectors , if they feel the heating unit is malfunctioning , causing the rise in cost .

In reality however , as you should be aware since your a landlord , oil heating cost were expected to almost double this winter .

That is not your fault , and you owe the tenants NOTHING , legally .

If they can not afford it they should move , instead of complaining .

Heck , my ll controls our heat , and it's set to about 70 degrees .

Have not the tenants ever hear of sweaters , or another layer of clothing ?

People these days want it all easy .
 
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klyncher

Member
Thanks for the reply, the only reason I really feel responsible is that apparentlyt the thermostat doesnt work adequately either ,because of the boiler inefficiency. They claim the steam doesnt turn/reach the radiators unless its at 80+ degrees. I dont believe them since I lived in that unit for a year and it would go down to high 60's ,but I cant force them to use the thermostat properly or monitor them either. Although a plumber did say its possible that due to inefficiency it may need higher temps to heat. Since I've paid for their oil it now seems they expect me to continue assisting them with the fuel bill. They say they cant control the heat below 80 degrees and that's why they've consumed so much. THey wouldnt believe me if I explain that gas cost are higher than oil and that oil prices have doubled/trippled. All they want to hear if their heating bill is going to decrease to what they expect and insist that their fuel billing issues are caused by our inability to provide them with an efficient furnace. If I had the money I would change it today just to have some peace of mind and not worry every night if they're going to call me with an emergency call in the middle of the night. I've even offered the 1st floor apt (which was supposed to be their original unit) for the same rent price and pay for a moving helper. THe 1st fl unit is fueled by gas , but they've refused saying they dont feel like moving again. Its unfortunate that there are no programs or assistance for landlords with these types of issues (heating mechanicals).
Thanks again!!
 

justalayman

Senior Member
People can only take advantage of you if you let them.

If it is in the lease they pay for the oil, then they pay for the oil. If you want to give them a discount, that's up to you and you can give them as much as you would like. They have no claim for a discount.


Innefficient boiler is not the problem. All the boiler does is heat the water. The inefficiency is not whether it heats the water or not but how much fuel it takes to do it. If you have a problem with a circulating pump, that could cause a problem you spoke of but if you have hot water that's all you can ask of the boiler. (There are other problems with the heating system that could cause similar problems but that is another question.)

It sounds as these tenants know if they whine long enough they will get what they want. If they do or not is up to you.
 

klyncher

Member
thanks again for the responses. You're on allowing to use me. I am learning slowly but surely. The problem with the boiler is that when I had it maintenance in the fall the plumbing co told my tenants that I needed to replace the boiler ( I live out of state). They wanted to charge me $5k for that job and their (tenants) oil supplier tech also told them the boiler was no good and thats why it burned too much oil. You could be right about the circulating pump....another plumber did mention something around those descriptions relating to the distribution of steam to the radiators and the boiler restarting repeatedly to start the steam causing it to burn more fuel. We had some possible alternatives to improve the boiler but not guaranteed, however after a couple of night whining calls from the tenants we decided not to chance it and to just change the boiler to avoid call backs. Anyways, my husband who is in town over there just told me that he agreed to discount $100 off the rent until we change the boiler. They claim not to want any problems and that they simply wanted some kind of compensation for the inefficiency. I'll take that now, since its better than having a code inspector calling me up for not repairing/replacing the old boiler, and its an option to being stuck with an entire mortgage payment .
Hopefully the house will sell by spring.
 

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