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Time limit for tenant repairs

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callmeoboe

Junior Member
What is the name of your state (only U.S. law)? NH

We own a rental property in NH. We are currently renting to a couple with a rent to own lease. In lieu of a down-payment, we agreed to repairs to the home over the term of the lease. Some have due dates, some do not. One of those repairs was to replace the carpets. That does not have a due date, just needs to be completed by the end of the lease term.

However, back in August they ripped up all the carpeting (with no prior notice to us) and have yet to replace it. They are living on the sub-flooring. Needless to say, we are not happy about this. We want to require them to put the carpeting down ASAP but since there is no set completion date, we are not sure we can make that request. There are however clauses in the lease that state the tenant will keep the premises in good and sanitary conditions and repair during the term of the lease. We don't feel that exposed sub-flooring for 4 months is keeping things in good conditions and repair. The lease aslo states that time is of the essence, but I don't really think that applies to open ended dates such as that.

So, even though that repair is to completed by lease end (2 years), can we still require they fix it by a certain date since they already started the project?

Thanks so much, and sorry this is so long. :)
 


Gail in Georgia

Senior Member
Why do you believe living on the subfloor is not "keeping things in good condition and repair"?

Seems uncomfortable for them but, from what you state in the lease, they have until the end of this to replace the carpets.

The only problem might be if they back out of this rent to own lease and take off, leaving you to replace the carpet. Is that what you are worried about?

Gail
 

callmeoboe

Junior Member
Why do you believe living on the subfloor is not "keeping things in good condition and repair"?

Seems uncomfortable for them but, from what you state in the lease, they have until the end of this to replace the carpets.

The only problem might be if they back out of this rent to own lease and take off, leaving you to replace the carpet. Is that what you are worried about?

Gail
We just don't feel comfortable about it. Seems to me it would be very easy to damage the sub-flooring and then if they just lay carpet over it without fixing any damage then it could certainly cause a problem. They are already giving indication that they may back out of the lease.
 

LdiJ

Senior Member
We just don't feel comfortable about it. Seems to me it would be very easy to damage the sub-flooring and then if they just lay carpet over it without fixing any damage then it could certainly cause a problem. They are already giving indication that they may back out of the lease.
What kind of damage do you imagine could be done to sub flooring that wouldn't still happen if there was a carpet on top of it?
 

BL

Senior Member
What kind of shape was this carpet in ?

How old was the carpet ?

Do the tenants have pets ?
 

BL

Senior Member
It wasn't in the best shape, which is why we were allowing it to be replaced



Some was past it's normal life expectancy, and some was only a few years old.



Yes, they have a dog and 2 cats.
Well if the pets have accidents , it could ruin new carpet now and possibly subflooring anyways .

Why have both ruined if the fail to purchase ?

If they do purchase ,why worry about any of it ?
 
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callmeoboe

Junior Member
Well if the pets have accidents , it could ruin new carpet now and possibly subflooring anyways .

Why have both ruined if the fail to purchase ?

If they do purchase ,why worry about any of it ?
Well, they've told us that they more then likely will not be buying, so they've essentially informed us they intend to breach the contract. We just didn't know if it was a bad thing to leave sub-flooring exposed is all.
 

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