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A new tenant moved in my 1 bedroom apartment on 2/1/2017. We walked through the place together and she signed the moved in list. She sent in an amended one on 2/7, claiming that there is a drainage problem in the shower. We sent in a plumber on the same day to fix the problem. It was noted that the same plumber was sent in the unit one week before she moved in to fix a diverter problem and they didn't report or notice a drainage problem.
Here comes March and she sent me a text today, saying that she wants a rent reduction and she doesn't want to pay rent for 2/1/2017 to 2/7/2017 since the unit was not habitable. I said she didn't report the problem until 2/7 and she claimed she didn't totally move in so she didn't discover the problem until then.
During her application, she wanted us to let her move in on 2/1 but not pay until 2/7. We didn't think it was fair and she finally signed the lease starting at 2/1.
I have been a landlord for over 20 years and I haven't encountered a tenant who doesn't want to pay rent due to a drainage problem, especially when this problem was not even reported until a week later. As I understand it, the tenant needs to inform the landlord of the problem and if the landlord doesn't fix it in time, the tenant needs to inform the landlord in writing that he/she might repair it first and seek reimbursement from the landlord. I don't think the tenant can just arbitrarily not pay part of the rent. I mean if she can show me receipt that she did stay in a hotel due to the drainage problem, then I can certainly reimburse the expenses. It doesn't make sense that she is staying in the place, enjoying all the amenities and then claim it is not habitable.
She is quoting various laws for tenant's right and I just said we'll have to settle our differences per our rental agreement. Then she got very upset and said if I don't reimburse her for those days, she is going to take me to court. If she pays partial rent, what should be my course of action? Should I refuse to accept the partial rent and file a "3 day pay or quit"? Any advice and help will be greatly appreciated.
Any laws I've heard of say that a tenant must first let you know about a problem, give you the chance to fix it, before ever withholding rent. And some states require the tenant put the full rent into a type of escrow while they take you to court. It doesn't sound to me like your tenant has done things according to law.
So, I'd tell her that she does not have the right to withhold rent, and if she does so, she will get an eviction for nonpayment of rent. That she might want to go find some fair housing office to explain the laws to her. But, what she needs to do is pay the full rent, and then take you to court to see if the judge agrees with her about you owing her any type of rent credit.
If I was you, I'd stand firm. Look up your laws. Don't let her bully you. You can always offer her the "happy clause," where you tell her she's welcome to get out of the lease as long as she vacates within (fill in the blank), but she'll still have to pay rent until you find a new tenant and be held responsible for any damage, etc.
I used to manage a 25 until building in CA, and once in a while I'd get a tenant like this, and I'd say, well, if you're not happy, you can move out. I'd say it in a nice, understanding way. "I'm really sorry you don't like it here or the unit, etc., so I'm happy to work with you as soon as you find another place to move to."
Normally, then they'd look at me with a blank deer in the headlights kind of stare. They expect you to say "how high did you want me to jump?" But, when they see you're fine about them leaving, they usually back down. Some tenants have a weird idea about their worth - like you're just so lucky to have them in your unit, that you'll do anything to keep them. Surprise!
I always did it in a nice, understanding, but not-budging from my stance kind of way.
"Oh, no, hon, we can't do that for you. I'm so sorry you're not happy here. But, I can work with you on your move-out day if you are really not happy here..." 9 times out of 10 they decide to stay and stop complaining.
Somewhere there is a thread about a nightmare tenant that took the landlord (the OP of that thread) months to evict and she never ended up paying rent and I think the OP had to pay to get her out of the rental.
I'd get her out in a hurry and hopefully someone has bookmarked that thread.
........ claiming that there is a drainage problem in the shower. ..............
During her application, she wanted us to let her move in on 2/1 but not pay until 2/7. ..........
This is not going to help you for this tenant, but two things.
Every time I have a vacancy, I test all the drains and all the plumbing. I'd rather fix it while the unit is vacant than to have to do it right after a new tenant moves in. Shower drain is 99.9% caused by hair in the drain that you can remove yourself in 45 seconds, using a Zip-it.
If I had an applicant who wanted to move in on the first and not start paying rent until the 7th, I would have rejected that applicant out of hand. Just a lifetime of experience lets me know that the applicant is going to be trouble. No negotiation, just no. (I tell them they can't move in until all fees are paid and if they want to start paying rent on the 7th, they can call me on the seventh and ask if the unit is still available-- but that is a polite way to reject them)
Any time an applicant asks if they can paint, or change the place in any way, or make payments on the deposit, or wants you to hold the place for them for free, or thinks they can move in without paying 100% of rent and fees and deposits before they can move in, reject that applicant automatically. Don't negotiate with them, just reject them.
That's a tenant who does not really understand that they don't own the building, they don't understand that they can't decorate someone else's house, and they don't see any reason at all why they should have to pay for what they get and they think the landlord is supposed to wait for his money until it is convenient for the tenant. In short, they are going to cause you problems in the future.
In future, whatever your state law allows for the time period to start an eviction, do it as soon as possible. I can give the pay or quite on day 5 or day 7 (state law, but both go to court on the same day). I give notice on day 5 that I will start legal eviction of they do not pay immediately. So far, 100% of the tenants who want me to wait for my rent, cough up the money immediately and they pay on time after that. If they are short on cash, someone else does not get paid. But they know their landlord doesn't hesitate to evict, so they pay their rent first.
If you don't get really tough on this current tenant, she is going to make your life hell in the future.
We have a clause in lease indicating that tenants are responsible for reporting issues immediately to us in writing and if there are things which are not the result of land lord negligence then they pay one time fee of $75 for the maintenance guy to show up and diagnose the issue. There have been times where we found some issues that were never reported by previous tenants. At the same time, some tenants have been appreciative when they contact us about an issue knowing that if its some BS problem or anything due to their fault they would have to pay for it. This ensures that they do some enough due diligence at their end before reaching out to us.
We had a prospective tenant who wanted to reduce the deposit amount because she felt the house wasn't professionally cleaned. We had it cleaned a week ago and showed her the receipt. Then she had an issue about room paint being a neutral color and wanted $50 off the rent or repainted to neutral color.... ..
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