Tennent taking money off rent

[fburke]

What is the name of your state? MA


I installed a new heating system in my tenant’s apartment that caused about 7 days of minor inconvenience to my tenants due to myself and plumbers doing the physical install and moving their things around.

Once complete I installed a new stove that the tenant left the unit with the self cleaning cycle on with items on top and started a kitchen fire, at that point they stayed at family’s house for 3 days while I had the unit cleaned and a second new stove installed

I am now suing them for the coast of the original stove and cleaning a total of $1500.00

Now there saying that because of all the inconveniences they suffered this month they should deduct a week from their rent.


At no time were they without a stove, heat water or hot water with the exception of the 3 days after the fire that was their fault.

Do they have any ground with this claim?

 

[FarmerJ]

Do you have a fire dept report ? If you do then make it clear to them via letter with delivery confirm that if the rent is not paid in full you will not hesitate to start the process to evict them for non payment. If you wish to warn, them feel free to tell them that when you get done suing them for the rent and suing them for the damage they caused that some time down the road most future LLs will learn about the suits thru court records and begin to reject them as possible tenants that they should consider them selfs fortunate if the only landlords who will rent to them are some of the worst slumlords around.





















they attempt to short the rent start your states proccess to evict and carry thru. BTW do you have a fire dept report ? did they even come out ? if you do use it in court and sue them for that too.

 

[fburke]

yes I have the official fire report that does blame the tenant, they don’t agree with it their story is the stove malfunctioned however they still left the unit with the stove on and unattended and went across town I think the fire report will stand up in Small Claims.

I send a letter and copies of all reciepts I was actually nice and did not include the plumber's install fee for the second gas stove.

I just want to make sure that because they couldn’t stay there for 2 nights that that couldn't take money off.

I did my part and had the unit professionally cleaned and painted and stove replaced in 3 days. At first they were going to clean the unit but then said it was too much so I took over with no argument.

I am just asking for reimbursement of my out of pocket. To me it wasn’t worth putting in an insurance claim for such a small amount and it would have taken longer to get the job done.

At first the tenant’s mother who does not live there said to me “oh just put in a claim that’s why you have insurance”. I think they thought that if I did that they would be all set not having to pay.

I don’t think there is any fault on my end for not putting in a claim and choosing to pay for repairs myself. No since in having my insurance premium go up over $1500.00

 

[Hot Topic]

Ignore the tenant's mother. Her attitude is probably why her son or daughter is so irresponsible.

Follow FarmerJ's advice. You sound like a great landlord.

 

[fburke]

[QUOTE
You sound like a great landlord.[/QUOTE]

I try to be fair I have seen too many landlords do things the wrong way by arguing with them or making threats or have there tenants sue them and win.

I remember what it is like to be a tenant. I fix what needs to be fixed in a timely manner hence the $7000.00 heating system and new stove I just installed.

I just don’t think it’s fair to me to have to pay for their stupidity. At the end of the day I own rental property to make money not to do “them a favor”

I also believe in doing it right which is why I haven’t mentioned this to them since they told me it was too much and I don’t see the point in getting into an argument with them. I just sent them a letter along with copies of all receipts and the fire report. I’m even at this point willing to work out payments over time as long as it is put in writing, if they don’t respond favorably I will sue in court.

At this point I am not even looking to evict they have been pretty good up to this point. Just pay me back and I will move on I have paid for many mistakes in my own life.

 

[Unitonika]

good

I think I remember your story when the tenant initially burned the stove by leaving the stove on in the cleaning cycle. It's their stupidity for leaving an electirc item that is a fire hazard un-attended. They need to pay for that, end of story. If they don't, you have grounds for eviction. They shouldn't be able to deduct rent for days without heat or whatever they are claiming because IT WAS THEIR FAULT!

 

[Gadfly]

I'm not sure that they "had" to be out of the house those two nights. Do they sleep in the kitchen?

Either way, they lost the use of the home due to thieir own actions, not yours.

The stove didn't malfunction, they did through their own stupidity.