Tenant thinks I owe $$ for fuel left in tank

[MA_LL]

What is the name of your state (only U.S. law)? MA

I am unsure about what my rights are in this situation, so any help would be appreciated.

Here is the situation:
Previous tenant moved out and left various things in disrepair that I have since had to pay to have fixed. The tenant now wants to be reimbursed for the fuel that was left in the tank. The amount that I had to pay out for these repairs is much more than what is owed for the fuel.

Do I owe anything? The lease states that the tenant is responsible for any damage and for all heating costs. Should I be billing the tenant for the damages? I did not collect a security deposit, but was paid for the fuel in the tank when the tenant originally moved in.What is the name of your state (only U.S. law)?

 

[BL]

What is the name of your state (only U.S. law)? MA

I am unsure about what my rights are in this situation, so any help would be appreciated.

Here is the situation:
Previous tenant moved out and left various things in disrepair that I have since had to pay to have fixed. The tenant now wants to be reimbursed for the fuel that was left in the tank. The amount that I had to pay out for these repairs is much more than what is owed for the fuel.

Do I owe anything? The lease states that the tenant is responsible for any damage and for all heating costs. Should I be billing the tenant for the damages? I did not collect a security deposit, but was paid for the fuel in the tank when the tenant originally moved in.What is the name of your state (only U.S. law)?

Sure you should bill for damages , but in reality , you'd most likely have to file suit and prove the damages and that the tenant caused them .

As far as the fuel , if they paid you for the fuel that was in there at the beginning of their tenancy , they should be reimbursed for the unused fuel when they left .


If you can prove the damages and the tenant caused them , then do the math , send the tenant a letter with a breakdown , and state their damages outweigh the fuel cost .

If they take you to court , file a counterclaim for damages .

Are you familiar with your State's landlord Tenant Laws ?

If not look them up .

 

[MA_LL]

Thanks BL. I am not familiar with my State's landlord Tenant Laws, unfortunately. I will look them up.

I state that lawn care is the tenant's responsibility in the lease. The lawn was mowed only once (in August!) and not very well. Piles of grass were left to rot and the place really looked bad. I had to pay a guy for two full days of work to get the place back in shape. What do you think about this "repair"? Is it a gray area since the level of "lawn care" is not specified?

 

[ecmst12]

I am not familiar with my State's landlord Tenant Laws, unfortunately.

Then you have absolutely NO business whatsoever being a landlord!!!! Looking up the state laws that you are obligated to follow is what you need to do BEFORE you ever accept rent from anyone. Read them at least 3 times before you do anything else.

 

[BL]

Thanks BL. I am not familiar with my State's landlord Tenant Laws, unfortunately. I will look them up.

I state that lawn care is the tenant's responsibility in the lease. The lawn was mowed only once (in August!) and not very well. Piles of grass were left to rot and the place really looked bad. I had to pay a guy for two full days of work to get the place back in shape. What do you think about this "repair"? Is it a gray area since the level of "lawn care" is not specified?

I think you will not be awarded those damages .

 

[MA_LL]

I admire your frankness. I AM a landlord however, so let's speak about reality instead of passing judgment - please. I am not completely oblivious to all the laws. I know the basic laws I need to follow, but not all the little particulars. I guess I should have specified that for you. Do you know EVERYTHING about what it is you do???? Maybe you could TRY to answer my question instead of changing the subject...

 

[BL]

I admire your frankness. I AM a landlord however, so let's speak about reality instead of passing judgment - please. I am not completely oblivious to all the laws. I know the basic laws I need to follow, but not all the little particulars. I guess I should have specified that for you. Do you know EVERYTHING about what it is you do???? Maybe you could TRY to answer my question instead of changing the subject...

With all due respect in defense of ecmst12 post , you Stated, No I'm not familiar with my States Landlord tenant laws .

Many landlords do not know the business of being a landlord nor the distinctions between Landlord and tenants duties and responsibilities .

Too often landlord's think the LORD part , gives the the Almighty power over the tenant .

Therefor it's not out of line to tell someone in the business , if they do not know it , they shouldn't be in it .

I would hope you can appreciate that .

 

[MIRAKALES]

The state law requires that a settlement statement be issued to tenant by LL within a set period of time. The State of Massachusetts (MA) allows thirty (30) days for issuance of settlement statement. Regardless of whether a security deposit was collected, a settlement statement should be issued to show the cost of damage deductions, including lawn repair. The damages will be deducted from a zero ($0) balance security deposit.

When lease specifies that tenant is responsible for heating costs then the balance of fuel is left with the premises (same as any fixed improvement). LL is not responsible for reimbursement of tenant fuel costs. (The various forum responses will be provided from both LLs and tenants with different perspectives.)
Nevertheless, the law is what prevails in legal disputes.

 

[ecmst12]

I went through training before I started taking cases at my job, and I have a boss I can ask questions of. Your training consists of reading the complete landlord-tenant act, a few times so you understand it, and maybe a book or 2 on landlording. If you need to ask a "boss" questions, you have to pay for a consultation with a real estate attorney - which you should do to help you write your lease, at the very least. If I started working with only knowing the "general idea" about what I was supposed to be doing, and didn't ask any questions, how quick do you think I'd be fired? Except you won't get fired, you'll get sued, and lose.

Personally, I think it was a little ridiculous that you asked to be paid for fuel in the heating tank at the start of the lease. You should have just specified that the tank was to be filled to the same level when he moved out. Too late now of course. Now you owe him for the fuel in the tank now, on top of his SD. If you're still within the time frame, you'd better hurry up and send out the accounting of the damages and what they cost. If you've missed the 30 days, then you've forfeited the right to retain any of his deposit (or the fuel money).

 

[MA_LL]

I went through training before I started taking cases at my job, and I have a boss I can ask questions of. Your training consists of reading the complete landlord-tenant act, a few times so you understand it, and maybe a book or 2 on landlording. If you need to ask a "boss" questions, you have to pay for a consultation with a real estate attorney - which you should do to help you write your lease, at the very least. If I started working with only knowing the "general idea" about what I was supposed to be doing, and didn't ask any questions, how quick do you think I'd be fired? Except you won't get fired, you'll get sued, and lose.

Personally, I think it was a little ridiculous that you asked to be paid for fuel in the heating tank at the start of the lease. You should have just specified that the tank was to be filled to the same level when he moved out. Too late now of course. Now you owe him for the fuel in the tank now, on top of his SD. If you're still within the time frame, you'd better hurry up and send out the accounting of the damages and what they cost. If you've missed the 30 days, then you've forfeited the right to retain any of his deposit (or the fuel money).

Thanks for the advice. I have read through the laws about security deposits and I believe this to be a gray area - which is why I am asking about it here. I did NOT take a security deposit, but was paid for gas that was in the tank. Nowhere does it state (in the laws or in my lease) that I am responsible for paying for property that has been left behind (gas left in the tank). The tenant paid the gas company for the gas, not me. I am under the belief that I owe the tenant NOTHING as Mirakles stated above. I am within in the time frame (30 days) and will be sending out the accounting for the damages before it ends. Regardless, I will consult with an attorney directly.

 

[ecmst12]

How exactly was he supposed to take the gas with him???

 

[xylene]

PS you owe the tenant for the value of the fuel when he paid for it.

So, top up the tank to its capacity.

What you owe tenant is

capacity (minus) gallons to top off (times) price per gallon paid by the tenant.


Filling an oil tank is not a futures contract. It is the price paid at the time

 

[MA_LL]

How about don't leave it behind...figure out your usage and don't put more in the tank than what is needed. For such a judgmental person, I would have thought you could have figured that out. I'm sure that if you stopped to think about it you could probably figure out other ways too.

Regardless, I'm not sure that this is my responsibility. The tenant bought something and left it at my house. I am not preventing the tenant from taking it away. I am not responsible for paying the tenant for what is left behind. What about say firewood, or pellets for a wood stove, filters with life still on them, chemicals in a hot tub, or oil/gas left in the lawnmower??? I could go on. Are you saying I should pay for all those things too? Where do you draw the line?

 

[BL]

How about don't leave it behind...figure out your usage and don't put more in the tank than what is needed. For such a judgmental person, I would have thought you could have figured that out. I'm sure that if you stopped to think about it you could probably figure out other ways too.

Regardless, I'm not sure that this is my responsibility. The tenant bought something and left it at my house. I am not preventing the tenant from taking it away. I am not responsible for paying the tenant for what is left behind. What about say firewood, or pellets for a wood stove, filters with life still on them, chemicals in a hot tub, or oil/gas left in the lawnmower??? I could go on. Are you saying I should pay for all those things too? Where do you draw the line?

Can you explain why the tenant paid you for fuel in the tank , on move in ?

I did not collect a security deposit, but was paid for the fuel in the tank when the tenant originally moved in

 

[Zigner]

How about don't leave it behind...figure out your usage and don't put more in the tank than what is needed. For such a judgmental person, I would have thought you could have figured that out. I'm sure that if you stopped to think about it you could probably figure out other ways too.

Regardless, I'm not sure that this is my responsibility. The tenant bought something and left it at my house. I am not preventing the tenant from taking it away. I am not responsible for paying the tenant for what is left behind. What about say firewood, or pellets for a wood stove, filters with life still on them, chemicals in a hot tub, or oil/gas left in the lawnmower??? I could go on. Are you saying I should pay for all those things too? Where do you draw the line?

The thing is that YOU will benefit from the fuel left. In fact, you will make a profit, since the fuel left in the tank is worth more now than when it was put there.

(For the record, I am only attacking your faulty logic. I am not speaking to the legal aspect of it)