Can a tenant do this to me?

To date, I have had great tenant's in a townhouse that I rent to them. A couple of months ago, a roofer came out an made a repair. The repairman dripped caulking material on the ground. The tenant's dog stepped in the caulking compound and tracked it on the carpet. The tenant's took it upon themselves to replace the carpet. They advised me that they are taking $823 (for the carpet) out of their next rent payment. I did not tell them that I would be paying for the carpet replacement.

Can they do this to me?

 

i had a bunch of commercial RE space in cambridge during the dotcom bubble. i made good money subletting it out, but i am SO happy to no longer be a landlord of any sort.

sheesh.

and if the dog had tracked in a dead skunk or poop or garbage or anything else all over the carpet that'd be your problem too suddenly?

maybe you should go the no-pets route: "sure, i'll cover the carpet, but the dog goes immediately or you're evicted".

doody.

 

That dont sound right to me especially as they did not consult you first, you were not at fault why should you pay? if the tv blew up and they bought a $5000 one would you pay? anyway send the bill to the insurance company.

 

The tenant's told me that they are going to replace the carpet because they could not live with the mess and it would only come out of their deposit in the end. I did not give them a green light to replace the carpet and send me the bill.

 

Depends on how your tentants contract is written. When I owned rental townhomes in NJ my contract with the tentants specifically stated that I need to be contacted in the event of any major repairs. Primarily this was to ensure that correct documentation was aviable to determine whether it was neglect or insurance coverage. Sounds like either they did some addtitional damage and were / are trying to cover it up or possbily they did it without thinking the matter through. If you fell the later is the case I would problably get a price that you feel would have been reasonable and take the difference out of their deposit.

Dan
Also glad to be out of the rental business!

 

The bad thing about this is that you say they are good tennants so it could be awkward for you, explain how you feel to them, maybe make a goodwill gesture of $100 but stand your ground afterall they need you more than you need them.

 

PETER

DO WHAT I WOULD DO...SINCE WE BOTH OWN REAL ESTATE..

SINCE THEY PAY THEIR RENT ON TIME ( A RARITY TODAY) AND DONT WANT TO UPSET OR ROCK THE BOAT..LET IT BE

THEY SHOULD HAVE TALKED TO YOU FIRST, BUT LET IT BE

DOCUMENT AND COPY THE CHECK THEY SEND TO YOU FOR THE MONTHLY RENT AND ATTACH AN EXPLANANTION AS TO WHY THEY TOOK OUT 823.00 AND SAVE IT FOR A RAINY DAY

WHEN THE RAINY DAY COMES, AND THEY WANT THEIR SECURITY DEPOSIT BACK ( USUALLY RESIDENTIAL IS 1 1/2 MONTH RENT) GIVE THEM WHAT THEY GAVE YOU LESS THE 823.00.....

THIS WAY YOUR MONTHLY CHECKS DONT GET HELD UP AND YOU CAN FINALIZE THIS WITH THEM WHEN THEY DECIDE TO LEAVE..

DONT ROCK THE BOAT..

BRUCE

 

I agree - they should not "take it upon themselves in these types situations"...

Part two would be get the roof contractor to cover the costs - most contractors must provide a clean and "safe" workplace once the work is finished. If this "caulk" was in a direct walkway - you can make the claim.

 

No, that is not legal in any state unless its actually in the contract that way.

 

I wonder what the REAL reason they replaced the carpet? Did you see the old carpet? Maybe they spilled ink all over it and blamed it on the dog, replaced it before you saw the evidence.

How could you ask the roofer to pay, because just like you, there is no clear evidence left for them to see....

I think you got screwed, but I agree if they are good renters, I'd tell them the "rules" and let it go.

I rent also, but only a billboard! Its great, never a call and the check comes every month, that has to be landlord heaven.

 

The short answer is no.

While Bruce has good intentions, I'm not certain letting it go is a proper way to handle it. Not responding to their letter might be construed by a judge that you gave consent. Documentation is the key.... You need to review your contract and see what provisions there are for repairs to the property. If the contract does not give them explicit authority to act on your behalf I suggest you write them a letter. The letter should state, at a minimum, the proper procedure to follow if repairs need to be made. This should safeguard you wether you intend to demand payment now or just take it from the security deposit. It doesn't have to be nasty, it can be friendly, but I think you need to respond so they know it is not acceptable.

- Good luck

 

Letsjet is 100% correct. I have been a landlord for a long time. In my lease if the tenant does any repairs without my consent I will charge them to repair what they repaired without my consent in the first place. Or they will be evicted. And more than once it had to be enforceed. If you let this slide they might decide to put new windows in, at your cost. Maybe a new refridgerator or new bathroom. At least in NY a tenant can not do this as I have had to go to court and this was one of the items the Judge had ruled in my favor for.

You must nip this in the bud as fast as possible.

Of course try to be a civil as possible but I have a feeling this will not end well for you. You will have to make a choice. Lose your athority as a landlord and hope they do not get out of line again which I can assure you they will, or push the issue and get your money or get new tenants.

Taking it out of the security deposit will not do any good if they decide not to pay you down the line sometime. The security deposit is used in the event you need to evict. I take 2 months as it takes about 45 days for the County Sheriff to evict. As soon as a tenant is 2 weeks late, they get served. If they do not pay in 24 hours the eviction process starts.

I didn't start out being an ass**** but after having 3 horrible tenant experiences, this works best. And when I get good tenants I bend over backwards to make them happy with what I rent to them. The tenants I have renting my houses now are excellent and if there is ever a problem I take care of it immediately. But if I get somebody who is trouble, they go just as fast. I found it doesn't pay to try to gloss over problems.

Best of luck

Ed

 

I believe that their dog walked on the caulk material outside and on to the carpet. The photos they sent (with close-ups) had some pretty small foot marks. I feel I am in line to ask the roofer for help. The company is owned by a level headed, church-go'en, bible thumpen guy with a lot of respect in our small town. I am sure he will share some or all of the cost.

Because my tenant's 'sprung' this on me, I think my interaction to be a nice guy and help them collect will be very limited.

 

Actually you guy's are barking up the wrong tree. The roofing contractor precipitated the problem. He should be liscensed and INSURED. ( if not you have just learned a lesson ) That is the direction that the **** should flow.

 

You're all missing the obvious. The tenants got their buddy or brother-in-law to replace the carpet for three or four hundred dollars and they're charging you over $800. They pocket the four or five hundred dollars difference. Maybe not actual cash, but that's the same amount that they DON'T ever pay you.
And even though they replaced the carpet, you are STILL the owner of the OLD carpeting. And as such, you wish to take possession of the old carpeting. WHAT? THEY THREW IT AWAY? WELL NOW, just because it was worthless to Mr. Tenant does not mean it was worthless to Mr. Landlord who could have used it for his doghouse, moving van padding, workshop usage, etc. Send them a bill for $200 as payment for the OLD carpeting that belonged to you, that they THREW away, as fair reimbursement.

 

I"d kick their ass. Did they attempt or ask to have the carpet professionally cleaned? Might have been able to salvage it. And like arlie said, they threw away your good carpet. Send em a bill. Hope they don't get the walls dirty or else custom painters might come in. what if they scratch the counter tops do they bill you for granite?

Imagine if you lived in a big ole apartment complex and your carpet got dirty by YOUR dog. Would you just up and replace it? No way. You'd call the mgr and beg for a cleaning or complain that they caused it and you need it cleaned or replaced.

 

The answer is simple, if they expect you to pay for it, raise their rent to cover the cost of the carpet. Ammortize it over say a year. That's $70 or so per month. If they move out sooner than deduct the balance from security. Have them sign an addendum to the lease stating that any repairs are to be authorized beforehand in the future. I'm not sure what kind of contract you have them on. If tenants think they can walk over you they will. Good luck.

 

I had tenants who (after being evicted for non payment) filled their sinks and drains with concrete and completely F-ed up the plumbing.

NEVER under estimate a disgruntled tenant's potential for exacting revenge!

I like Bruce's remedy. They will be long gone by the time their deposit refund arrives.

DL

 

There is a difference between being a nice guy and being a schmuck. These people are trying to play you for a schmuck (quite possibly because you have a Ferrari). It's black and white. They get nothing.

 

Sell the property ... that will put the fear up them and make them realise that they may have had it good ... plus you can then buy another Ferrari ... and never have these worries again

Pete

 

If they give me any grief, that is exactly what I will do!

 

I would let it go, but you might have some estimates done yourselves to see if they are overcharging you. I dont know your local law, but commonly if a tenant takes it upon themselves to fix something without first giving the landlord appropriate notice and time to repair, the tenants are SOL for the money they paid.

 

0. Get estimates on the carpet just in case.
1. Get bill of sale from carpetting contractor that did unauthorized work on your property.
2. Raise rent.
3. Do not renew lease.
4. Sell property at top of market.
5. Buy some self storage sheds, land with good potential for billboards or a farm five miles "upstream" from current development.



Its very hard to be a small landlord anymore. The big guys will murder you on price/features and the quality of people who rent has dropped like a stone over the last 5 years.

Anymore some of the BEST tentants are college students. NOW THAT'S saying something.