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We have a furnished house in Florida we rent furnished. In the leasing agreement ( we copied from someone we know in the area) it is stated that tenant is responsible for damages in the house and furniture.
Now, after having lived there for 6 months our renters complain that they don't want to pay if they break something. That they have talked to a lawyer who said that they are not responsible for breaking things in the house.
I have tried to find out more, the only thing I have found is that we as landlords are responsible for the house and cannot make them pay for normal tear and wear. But what about our furniture. That's our things we left in the house for them to use- not to destroy.
And what is normal tear and wear ? If they put something in the washer, drive to Walmart for 2 hours and come back to find out that some of the things in the washer had a hook that got stock and the washer is torn apart and destroyed. Is that normal tear and wear ?
I do not want to be unreasonable but I don't think it's fair we have to pay for things they do. We live in Europe ( so does our renteres) and here renters are responsible for furniture if you rent a furnished home- if you break something, you replace it.
Hope someone here can help. Not easy being 10 hours away and solving this issue with our renters who now have hired a lawyer.
Now, after having lived there for 6 months our renters complain that they don't want to pay if they break something. That they have talked to a lawyer who said that they are not responsible for breaking things in the house.
Why do they raise this issue now, after 6 months, and even hired lawyer for it? Doesn't it sound as if they have already broken something?
They have, they broke the washer- now they are telling us they live in a constant fear of breaking something and have to pay for it. A while ago they broke a thing in the kitchen ( don't know the English word, a mashine to make whipped cream etc ) and we told them we wouldn't blame them. It's a cheap machine from Walmart. Further more, they have been late with the rent 3 times during this 6 months and we haven't charged them any late fees yet- in the contract it is stated that if they haven't payd on the 3.rd of each month they will have to pay a $120 late fee. I think we are fair here, but they don't think so. Maby we have misunderstood the laws in Florida, I don't know... I just can't see how we can be responsible for paying for something they destroyed.
They have, they broke the washer- now they are telling us they live in a constant fear of breaking something and have to pay for it. A while ago they broke a thing in the kitchen ( don't know the English word, a mashine to make whipped cream etc ) and we told them we wouldn't blame them. It's a cheap machine from Walmart. Further more, they have been late with the rent 3 times during this 6 months and we haven't charged them any late fees yet- in the contract it is stated that if they haven't payd on the 3.rd of each month they will have to pay a $120 late fee. I think we are fair here, but they don't think so. Maby we have misunderstood the laws in Florida, I don't know... I just can't see how we can be responsible for paying for something they destroyed.
Normal wear and tear means different things to different people, and most states don't actually define it clearly, which leads to this type of problem.
Most people consider normal wear and tear to mean wear or damage that occurs through normal, proper use of a space or object. If a tenant put normal laundry in the washer/dryer, and ran it in a normal fashion, and the washer/dryer broke, that is normal wear and tear. However, if they tried to wash/dry something that they shouldn't have and it broke, that is damage. You mentioned a "hook". Were they trying to wash curtains or something? That would not, in my opinion, be a normal object to wash in a normal machine, so that would be damage. It really depends on whether they were using the machine for the use intended when it was destroyed, and that comes down to a he said/she said. Do you have it in writing (maybe an email) that they were washing something abnormal? If so, save that in case you need it later.
Other examples:
Fading of carpets, paint, etc is normal, stains or burns are not normal.
Leaky pipes are normal, damaged caused by unreported leaks are not normal.
Dirty screens on windows are normal, broken screens are not normal.
Broken slats on el-cheapo metal blinds are, in my opinion, normal, while a dog eating your 2" wood blinds is not normal
Get the idea?
As for the attorney, you don't know what conversation they actually had with the attorney. They could have said "We are just living our lives and things keep breaking in the house and they want us to pay for them." The attorney doesn't know the rest of the details, and would tell them that if things were breaking through normal use, they aren't responsible. They hear "We don't have to pay for things we break" and tell you that. Unless there is some funky law in Florida, a lawyer isn't going to tell a tenant that they aren't responsible for things that they break in a rental house.
You might want to double check late fee laws in Florida. $120 for 3 days late sounds really high, and many states cap the amount you can charge, so that may or may not be a legal amount. Whatever is legal, you should be charging and COLLECTING. If you don't collect late fees, there is no incentive to pay on time and they will continue to be late.
If you live abroad, I would highly highly recommend you get a local company to manage the property for you and let them deal with this sort of stuff, since they will know the local laws. It costs a bit, but you will likely save money in legal fees in the long run.
*Edited to add: Some states, I know, allow a larger deposit to be charged if the house is furnished. Don't know if that is the case for Florida, but it is something to look into. The more items that are included, the more likely it is that something is going to be broken.
Lacerta really summed it up for you! And I agree that you should really look into a property management company to make it easier for you since I'm sure being so far away makes this is extreamly hard to deal with!
If the tenants put something in the washer that wasn't supposed to go in there, even if it was by accident (i.e. curtain hooks), that is not normal wear and tear. And they are responsible to have the washer/dryer fixed. I don't understand why people think they don't have to pay for stuff if they break it. It's just common sense!
I agree with previous posters who wrote great things.
Yoyu weren't present when the lawyer stated that or maybe he didn't say it at all and who is the lawyer any way. I have seen many great lawyers and also ones that would be sued in a court of law fatster than they can a word...
Normal wear and tear isn't breaking stuff. In court a deduction will be made for the life expectation of the product compaired to the time it was used. What is left is what you can deduct from the sec. deposit. If the sec. deposit isn't enough you can charge them for additional amounts. Like I just did and it looks like I will be in small claims court in 2 days since I haven't heard back after I send the certified letter with the entire amount (specified).
You have to either give them the full amount within 15 days after they move out or sent them a certified letter within 30 days (specified) after they move out (FLorida) and they have the chance to respond within 15 days to your certified letter. If you don't stick to the law the tenant can sue you and in some States the tenant can sue for double or triple sec. deposit amounts, so check out your State laws.....
They have, they broke the washer- now they are telling us they live in a constant fear of breaking something and have to pay for it. A while ago they broke a thing in the kitchen ( don't know the English word, a mashine to make whipped cream etc ) and we told them we wouldn't blame them. It's a cheap machine from Walmart. Further more, they have been late with the rent 3 times during this 6 months and we haven't charged them any late fees yet- in the contract it is stated that if they haven't payd on the 3.rd of each month they will have to pay a $120 late fee. I think we are fair here, but they don't think so. Maby we have misunderstood the laws in Florida, I don't know... I just can't see how we can be responsible for paying for something they destroyed.
And in Bold is the problem you let them get away with late fees and now they want to test the water. I can tell you that you lost their respect you need to get it back or it will go downhill fast from here
The part in red tells me they are controling you and have you questioning your own lease
In some States you can deduct late fees later on from the sec. deposit but I wouldn't do that. You better start charging them right away. I made the same mistake once and never will I don't charge it again.
Now I started to give discount if the rent is paid before the 27th of the new month....and heavy late fees will be charged when late...I have done it and collected it twice. The tenants didn't even seem to mind paying it. Tomorrow I will go to court for the same tenants who have paid me all the rent but left the property on the day the lease was over, with more than normal wear and tear and their sec. deposit wasn't enough.
You really have to be a nice LL up to a certain point otherwise they walk all over you.
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