Can renter not pay rent for buying things for the house?

Question

So my renter contacted me about some things she wanted for the house, new carpet in bedrooms, heating, etc...and I was out of town on business but told her I would have a contractor come over when I got back in town (2 wks from her phone call) and she decided to go ahead and have people come in and do the work and then didn't pay rent, saying the money she spent on these items was used out of her pocket, therefore not paying rent. I'm sorry, but isn't that just wrong? It's my home, she doesn't have a right to make changes does she? And does anyone know when a renter makes a complaint about something needing fixing, what the timeframe I have is to comply?

Answer 1

If you had no written contract saying that rent could be withheld for payments on improvements, then rent still has to be paid. Your renter took liberties she shouldn't have. She doesn't have the right to make changes to the house. As for making needed repairs, you have to do that as soon as possible. The house has to be livable. Heating would need to work. New carpet is not a necessity.

Answer 2

First, you need to check the terms of the auction. Most auctions are cash only - not 10% down, but cash paid at time of sale (or very shortly thereafter). There is basically no way you can take out a mortgage on a cash-based auction sine the processing time for the loan (appraisal, underwriters, etc.) wakes more than the 3 to 5 days you might have to bring the cash to the table. The odds are, second, you will not receive enough in rent from one house to pay a mortgage on both houses (why would anyone pay that much rent [two houses' worth] if they could get their own mortgage on one house and live there) - at best you might cover half your mortgage. You would then have the expenses of both houses to cover (as landlord, you are responsible for upkeep). As for renters not paying, yes it is a problem. If the renter swere to stop paying the rent, obviously you would have no income while still having the expenses. In most jurisdictions, eviction proceedings take at least 3 weeks and in many jurisdictions, a few months and there is nothing you can do about removing the renters until the proceedings have finished unless they go (not to mention any damage they may do while they are there).voluntarily. Then, once you get rid of the non-paying renters, you now have a vacant house which still needs the mortgage paid and at least some utilities kept on while you look for a new renter. Being a landlord is not something to enter into lightly.

Answer 3

She is wrong unless you verbally or in writing agreed to do these things .... or that she could have them done. Get her out. As far as time frame it depends on the problem. A leak or heat is about 24 hrs. with effort to get it done sooner and possibnly paying for a hotel if it's freezing or getting in heaters if the heating Co. can't get there sooner. For general repairs that do not interfere with the use of the dwelling you have more time. Say carpet replacement or appliances if they are working you have time. If not working then it is less time but they need to put the complaint in writing also. So, I would not let her off the hook for any of the repairs, I would send a letter and ask to come in at a date in the future and ask her to be present if she wishes or reschedule if she needs you to. Go in and take poictures of the things she has done and tell her this was not what you would have done but it can't be removed now without causing damage to your property and you need the proof of what was done. Send a certified letter asking for the rent if she doesn't pay and follow the law, call the clerks office for eviction and follow it. She is taking it too far and I would not want that renter in my house. I am a landlord by the way and managed an Apt. complex for 10 yurs. this is not done. lol People are crazy! If she wanted to improve your property at her expence that is one thing asking you to pay for what she wants is another, unless she has it in writing or verbally in someone elses presence and then it would have to be a really definitive agreement for that to take presidence over your wishes. lol

Answer 4

She can only deduct these things from the rent if it is mutually agreed on, or if it is an item of urgency that you were either not available for or refused to do anything about (like if the heat went out or a water pipe burst and you were out of town.) Wanting new carpet is not the same thing. If she refuses to pay the full rent, you can sue for it or evict her. Because new carpeting would be considered a permanent addition to your house, she can't even take it with her.

Although some state laws may vary on the length of time given to fix problems, they will always relate to urgency and reasonableness. Getting a heater fixed in the middle of winter must be taken care of much quicker than a dent on the wall where a door banged it.

Answer 5

It truly depends on the type of things she says needed fixed. If her heat was say not working and you where not going to send someone out till you got back in two weeks. Yes she had every right then to have someone come in and do the work and then subtract it from her rent.

As for carpeting. No she did not have the right to do that. She rented the place with the carpet the way it was so she had no rights to replace carpet and expect you to foot the bill. You can actually evict her for doing this.

Answer 6

If someone that you rent to invests in the dwelling without any arrangement from you, then they are at your mercy. You don't have to allow them to short you the rent. If the work is performed well, and is to your satisfaction, and it isn't any more expensive than you would have paid for it, I'd consider accepting the tenant's arrangement, just to keep the peace, although I'd have a serious conversation with them to let them know that it wasn't an acceptable thing to do, and that you might not let them do it in the future.

As for repairs, if they are sheerly cosmetic, there really IS no timeframe. If they are, however, essential repairs that affect the dwelling's ability to suitably provide shelter, the tenant could bring forth a lawsuit if it isn't cleared up promptly.

If these tenants have been good ones, I'd consider keeping them happy. Seems that these days, good tenants are hard to come by.

Answer 7

If the renter was actually making necessary repairs that you had failed to do, this would be acceptable. There are notification requirements though.

But she can't just change out the carpet because she doesn't like it.

Go ahead and start eviction proceedings for the withheld rent. If she can't show registered letters, and prove the repairs were necessary, and that you refused to do them, you will win.

Answer 8

The renter can legally take expenses out of the rent only for certain circumstances. They have to make a reasonable effort to contact you and then give you a reasonable time to respond and act. Even then it has to be for purposes of making the home inhabitable, only in emergencies such as no heat and it is snowing is it legal for her to immediately spend money and take it out of the rent. The law varies from state to state but here in CA the law states "reasonable time."

Answer 9

I am a landlord. In our lease it states that the renter is to make no changes to the house or landscaping without written permission from us.(the landlords)In our state we have a reasonable amount of time to complete" repairs".Upgrading and cosmetic changes are totally at our discretion. Our renter look at the homes and accept them as they are when the lease is signed.

Answer 10

What is in your lease with the tenant? I have a clause in my leases that states any repairs need to be discussed AND approved by the landlord. I deducted the cost of some repairs that the tenant did from her rent...but only after I approved them, and MADE SURE I got receipts from her for tax purposes. I guess what I'm saying is, hopefully your lease with this tenant mentions something in regards to how to go about repairs or improvements.