What is the name of your state? AK
Where to start. We live out of state, our property is located in Alaska, and our tenants have an 18-month lease agreement that started in September, 2006. In September 07, I received a call from tenants with bad news on part their health. The husband/father of the family renting our home was diagnosed with Brain cancer. Both husband and wife work, however, the husbands ability to perform his job came to a halt due to the diagnosis.
It was explained to me that the husband qualified for Soc. Sec. disability, and this would take effect in 60 days or so. Naturally, as a nice person and with concern for the family's well being and their strong request to remain in the residence, we verbally agreed to lower rent payments for the 60 or so day period by 25%, and when the Soc. Sec. benefits kicked in, the family would re-pay the reduced portion and continue with rent as outlined in the lease terms.
The family paid two months rent (Sept. and Oct.) in the amount we agreed to reduce. We agreed to stay in touch on the family's condition and with any updates on benefits kicking in, etc. etc.
The family was late paying rent in November. I followed up and asked when I could expect November payment, which is now a week late (original request was via email). I followed up one week later with another request via email, and followed with a phone voice mail message. Nearly a week past that, the family informed me that they are unable to pay rent, however, they would like to apply the security deposit towards payment of rent.
I refused this option as I stated the security deposit is held until the condition of the home is determined upon their departure. At this point, I have been extremely accommodating and understanding, hoping and wishing this family will make it through their challenge. And, at the same time, relying on rent money to make my financial obligations has caused some stress.
As time tends to fly, the family is now 5-weeks late for November rent and 1-week late for December, I made a very cordial request that rent must be paid.
Here is what I got! Extremely nasty emails and phone voice messages from family members of our tenants, who are not listed on the lease agreement, and I for sure have never met, nor had any discussions with. When I say nasty, I mean super nasty, calling me names, making criticisms to my financial status, accussing me of making a dying man die faster, etc, etc.
And then the family relatives continue on by telling me this and that are out of code, this isn't right, this that and that, blah, blah, blah. Andy of course, this one is great, they said since I agreed to be considerate of the family and reduce the rent, I negated our lease terms and the family has no obligation to me at this point.
So, actions to actions, again, in very cordial manner (never responding to their harsh treatment and criticisms of me), I responded by filling out a Notice-To-Quite form, giving them the full 7-day to pay or leave as required by law (sent on January 2nd) which is (I purposely waiting until after Xmas and New Years' as I would not feel great sending this notice during the holidays).
And in return I get even nastier emails, threats and more rediculous statement on their part on how my home is not up to code, etc, etc, etc. All, in an effort to not pay. And, I must point out, these nasty threats and accounts only began when I asked for rent to be paid, everything was great until that moment.
So, the family finally departs the residence on January 28, 2008 (as reported by my neighbor). I contracted the owner/broker of local real estate company go in and assess my home. This real estate firm previously listed our home for sale for us, and we ended up renting in this tough market. The real estate firm was in the home 1-day prior to the tenants moving in originally, and there 1-day after they moved out.
The tenants casued the following damage. Marred and scarred a real, genuine oak hardwood floor beyond repair; broke and damaged several brick from fireplace as they are no longer in place and are missing; ripped the shower away from the wall in lower bathroom; completely destroyed, knicked, damaged and scraped paint away from all walls throughout the house, and I mean all walls; ripped and destroyed all carpeting in the home, which represents about 1,000 square feet; broke and scraped majority of entry way tiles at home entrance, about 100 square feet worth; broke and ripped apart pergo floor in bathroom, causing further damage to sub floor requiring replacement of subfloot and flooring; And, the list really does go on and on.
I sent the closing summary of the home in reference to deposit within 30-day required period that illustrates each rent payment they made (and date it was scheduled), as well it highlighted payments they did not make, late penalties as stated per lease agreement, damage assessment, etc.
The total amount of unpaid rent is in excess of $5,000, and total amount of damage assessment in over $8,000. Currently, the home is still not rent-able due to the damage that has been caused.
And yet, the family just responds to the closing document I sent stating they are not liable for any past rent amount as the terms of the agreement changed with the reduction in rent due to their medical diagnosis, and they had a professional point out to them that the house is not up to code, therefeore, we owe them money (we just bought this house in 2004, and it past all code inspections with flying colors, so I am not sure what they are talking about).
Someone, please advise me and share your thoughts on how I should correspond with this family, and what my legal rights are versus their legal rights. I have represented the above 100% to the actual of what happened.
Thank you!
Where to start. We live out of state, our property is located in Alaska, and our tenants have an 18-month lease agreement that started in September, 2006. In September 07, I received a call from tenants with bad news on part their health. The husband/father of the family renting our home was diagnosed with Brain cancer. Both husband and wife work, however, the husbands ability to perform his job came to a halt due to the diagnosis.
It was explained to me that the husband qualified for Soc. Sec. disability, and this would take effect in 60 days or so. Naturally, as a nice person and with concern for the family's well being and their strong request to remain in the residence, we verbally agreed to lower rent payments for the 60 or so day period by 25%, and when the Soc. Sec. benefits kicked in, the family would re-pay the reduced portion and continue with rent as outlined in the lease terms.
The family paid two months rent (Sept. and Oct.) in the amount we agreed to reduce. We agreed to stay in touch on the family's condition and with any updates on benefits kicking in, etc. etc.
The family was late paying rent in November. I followed up and asked when I could expect November payment, which is now a week late (original request was via email). I followed up one week later with another request via email, and followed with a phone voice mail message. Nearly a week past that, the family informed me that they are unable to pay rent, however, they would like to apply the security deposit towards payment of rent.
I refused this option as I stated the security deposit is held until the condition of the home is determined upon their departure. At this point, I have been extremely accommodating and understanding, hoping and wishing this family will make it through their challenge. And, at the same time, relying on rent money to make my financial obligations has caused some stress.
As time tends to fly, the family is now 5-weeks late for November rent and 1-week late for December, I made a very cordial request that rent must be paid.
Here is what I got! Extremely nasty emails and phone voice messages from family members of our tenants, who are not listed on the lease agreement, and I for sure have never met, nor had any discussions with. When I say nasty, I mean super nasty, calling me names, making criticisms to my financial status, accussing me of making a dying man die faster, etc, etc.
And then the family relatives continue on by telling me this and that are out of code, this isn't right, this that and that, blah, blah, blah. Andy of course, this one is great, they said since I agreed to be considerate of the family and reduce the rent, I negated our lease terms and the family has no obligation to me at this point.
So, actions to actions, again, in very cordial manner (never responding to their harsh treatment and criticisms of me), I responded by filling out a Notice-To-Quite form, giving them the full 7-day to pay or leave as required by law (sent on January 2nd) which is (I purposely waiting until after Xmas and New Years' as I would not feel great sending this notice during the holidays).
And in return I get even nastier emails, threats and more rediculous statement on their part on how my home is not up to code, etc, etc, etc. All, in an effort to not pay. And, I must point out, these nasty threats and accounts only began when I asked for rent to be paid, everything was great until that moment.
So, the family finally departs the residence on January 28, 2008 (as reported by my neighbor). I contracted the owner/broker of local real estate company go in and assess my home. This real estate firm previously listed our home for sale for us, and we ended up renting in this tough market. The real estate firm was in the home 1-day prior to the tenants moving in originally, and there 1-day after they moved out.
The tenants casued the following damage. Marred and scarred a real, genuine oak hardwood floor beyond repair; broke and damaged several brick from fireplace as they are no longer in place and are missing; ripped the shower away from the wall in lower bathroom; completely destroyed, knicked, damaged and scraped paint away from all walls throughout the house, and I mean all walls; ripped and destroyed all carpeting in the home, which represents about 1,000 square feet; broke and scraped majority of entry way tiles at home entrance, about 100 square feet worth; broke and ripped apart pergo floor in bathroom, causing further damage to sub floor requiring replacement of subfloot and flooring; And, the list really does go on and on.
I sent the closing summary of the home in reference to deposit within 30-day required period that illustrates each rent payment they made (and date it was scheduled), as well it highlighted payments they did not make, late penalties as stated per lease agreement, damage assessment, etc.
The total amount of unpaid rent is in excess of $5,000, and total amount of damage assessment in over $8,000. Currently, the home is still not rent-able due to the damage that has been caused.
And yet, the family just responds to the closing document I sent stating they are not liable for any past rent amount as the terms of the agreement changed with the reduction in rent due to their medical diagnosis, and they had a professional point out to them that the house is not up to code, therefeore, we owe them money (we just bought this house in 2004, and it past all code inspections with flying colors, so I am not sure what they are talking about).
Someone, please advise me and share your thoughts on how I should correspond with this family, and what my legal rights are versus their legal rights. I have represented the above 100% to the actual of what happened.
Thank you!