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I'm a landlord in Ga. My wife and I own the one house in Savannah. The tenants reported that the furnace was not working at the stroke of 5pm on a Friday. We had someone come out that night to evaluate and they immediately recommended replacement. We wanted a second opinion, as we were looking at dropping 2K. We had another tech come out. He gave us the possible option of replacing a few components of the furnace. The prospect of waiting on parts sent the tenant through the roof and they threatened legal action, as they knew the furnace could be replaced the following Mon or Tue. In their defense, they have a newborn and the prospect of no heat was not cool. We offered to put them up in a hotel and they refused, as the inconvenience was too much for them. I offered to provide them with space heaters until it was fixed. Bottom line is the tenant became very angry and the situation escalated after I tried everything I could attend to the situation as quickly and reasonable as possible. We subsequently realized that the furnace was an off brand unit and replacing parts did not seem cost effective. The furnace was replaced the following Monday by the second company we called ($600 less than the lesser unit quoted from the 1st company). We're going to pay them the difference in their gas bill. However, they've deducted a prorated rent for the two days over the weekend they didn't have heat without discussing it with us. We fixed the problem in more than reasonable amount of time and offered them lodging they refused. I don't want to be a slum lord or unreasonable, but do they have the right to do this? Thanks.
You're not a slum lord or unreasonable. If anyone is unreasonable, it's them. Things happen and it sounds like you did everything reasonable and then some. If they didn't want to take you up on the hotel offer, that's their problem. It was very generous of you to offer. As far as if they can take off rent for the 2 days they didn't have heat, my answer would be no. Some states allow for deductions in some extreme cases, but I don't think this was one of them. And most states don't allow it. So I'd check your states landlord/tenant law and see what it says.
If it's not allowed, this can go two ways. You can be firm and not allow it and pursue them for the remainder of the rent. Or, you can let it go in a goodwill effort to be a nice landlord. But in that scenario, you're admitting you were in the wrong (which you weren't) and they could possibly take advantage of the situation and do something similar in the future. Sometimes it's no fun to be the landlord and you can "look" like the bad guy, but it's the hat you've chosen to wear and sometimes you have to take the good with the bad.
What would they have done if it were their house and the furnace had gone out. It would probably still be broken. Having said that, if they said no to space heaters and a hotel, then there's not much you could have done. I would personally not have offered to reimburse them. You fixed the furnace in Less than a week and that's definitely reasonable.
These people sound nutty. Maybe they got so upset because you gave them TMI that's my problem at times. Next time, maybe you can keep it vague about "contacting the repair-man" or whatever while you try to figure out what the best course of action is as far as cost and quality.
Since you have a place in an area w/ 4 seasons, you may want to put a couple of space-heaters in the house in case this happens again. I had the same issue with an AC, but I had great tenants. They understood the issue, and I did buy a room AC while the unit was being fixed. Sometimes poo happens.
In Minneapolis the the gas provider will repair any furnace, stove, dryer for a $14.95 monthly service fee. Last year they spent $3600 servicing a $1500 furnace - it only cost me $14.95 monthly. They will not give you a new furnace but will continue fixing an existing furnace until it works.
Man, New Years Day our tenant(who lives in our home) called to tell us the water heater is leaking...We're now in IL the home is in CA...Fortunately the leak was just starting out(the pan was rusting) As it was it took 3 days to just be able to get the unit paid for by ME out here to be picked up out there by my tenant. They did they install and had the Gas CO come check the work...if the furnace freaks out I will move back into the house
I don't know what they can legally do but I think that was out of line. You went beyond what I have ever experienced and had I been the tenant I would have been grateful for such thoughtful treatment. Things do happen and it sounds like you did your very best to make sure they were comfortable and safe. I'd check your local laws to know for sure what rights your tenant does and does not have.
Since you have a place in an area w/ 4 seasons, you may want to put a couple of space-heaters in the house in case this happens again. I had the same issue with an AC, but I had great tenants. They understood the issue, and I did buy a room AC while the unit was being fixed. Sometimes poo happens.
Savannah, Georgia, is not a 4-season locale by any means.
Check your state's LL/tenant laws. In my state, this would be unacceptable given the circumstances. In fact, if you want to withhold rent here, you must have notified the LL in writing and first allowed them adequate time for repairs.
You could speak to them and ask them to pay up, take it out of their security deposit, or since they did not pay the full month's rent...start eviction with a pay or quit notice. You could also just eat it but that would prompt them to pull the same stunt if another issue occurred.
Just make sure you document everything that occurred.
patdave132 -- Poltracker gives good advice. I googled the Georgia Landlord/Tenant laws -- Title 44 Chapter 7. I'm not a lawyer, so this is just my opinion....your tenants' withholding of rent was not a legal recourse. Furthermore, if a landlord does not make timely repairs, the legal recourse is not withholding rent, but is a "repair and deduct" option, meaning the tenant makes the repair and deducts the receipted cost from the rent. However, this practice is not recommended for a tenant without guidance from an attorney.
This link gives you some information about landlords and tenants.
http://www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/FAQHANDB-PgNo.pdf (broken link)
Pages 44-48 are worth reading.
Page 36 says that landlords can retain part of the security deposit in lieu of unpaid rent.
What you do really depends on if you want to keep these tenants or not. At the moment you're dealing with two days' worth of rent which probably isn't enough to break the bank, but it still puts a dent in the wallet.
Your tenants erred twice: first, they didn't inform you in writing about the furnace, and second, they withheld the rent. You didn't err at all. You as the landlord did indeed act within a reasonable time, and you went above and beyond your obligations/responsibilities by offering them substitute housing.
Since there's no papertrail, I'd recommend starting one. You should probably type up a chronology of what has transpired since Friday, and be sure to include specifics. You should also write a letter to your tenants spelling out your plans regarding the missing rent, even if this time you plan to do nothing.
I think the real question is "Where do you go from here?"
Is this an isolated instance with otherwise reasonable people or is this just another instance of circumstances going to extremes?
Heat is required in my State... not much I can do about it... so I keep several electric room heaters available on short notice.
Heat is considered a 72 hour emergency so the problems and consequences don't start till 72 hours from being notified.
Sounds like you did everything in a timely matter... sure you could have gone the expensive route and used it as justification for a rent increase?
Maybe, let it go and wait for cooler heads to prevail.
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