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Old 03-07-2020, 06:28 PM
 
486 posts, read 2,116,141 times
Reputation: 379

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I just closed on a condo in South Florida and I bought it as an investment property currently tenant occupied.

The lease expires 7/7/20 which cannot be renewed due to condo rules.

In the lease, it is stated that the previous owners would change the blinds in the kitchen and dining room. They never did. Now that I assumed the lease, the tenant paid his rent today but took off $50 because of not getting his new blinds.

Can he legally do this?

I am going to have someone come in and change them on his earliest available day which is on Friday to make him happy. I can't afford for him to take off $50 every month.

When the blinds are changed I expect him to pay me the $50.00. If he doesn't can I take him to court for this and win?

I know should consult an attorney but it is Saturday and this all happened today.

Thanks for any advice.
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Old 03-07-2020, 07:06 PM
 
5,297 posts, read 5,257,111 times
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I dont think he can do this. Unless there was a time frame as to when they were going to be done. But I think, as of now, he's $50 short on his rent. What does your lease say? What is the state law as to being late on rent, when can you give him a Notice to Quit? With a new tenant like this, you have to set the rules, not him. If you dont, then landlording isnt for you.
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Old 03-07-2020, 07:16 PM
 
486 posts, read 2,116,141 times
Reputation: 379
Hi Carnivalday - He has been a tenant for 3 years. When he signed the lease back in July it was written that the landlord would change the blinds. They never did. Fast forward to me taking possession just last week as the new owner, he pulls this when the rent is due today. After the 5th day of rent being due I can charge him $100 for late fee as per the lease.

I will arrange to have the blinds changed for him, but he really blind sided me today.
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Old 03-07-2020, 07:30 PM
 
815 posts, read 987,147 times
Reputation: 2107
Quote:
Originally Posted by carnivalday View Post
I dont think he can do this. Unless there was a time frame as to when they were going to be done. But I think, as of now, he's $50 short on his rent. What does your lease say? What is the state law as to being late on rent, when can you give him a Notice to Quit? With a new tenant like this, you have to set the rules, not him. If you dont, then landlording isnt for you.

I agree. A tenant can NOT withhold rent on a whim.

Give him a chance to pay you the full amount, or charge him the late fees. Agree to the new blinds IF you feel it is something you want to do.

If you let the tenant get away with this, they will most likely continue to take advantage of you.

Good luck!
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Old 03-07-2020, 07:39 PM
 
486 posts, read 2,116,141 times
Reputation: 379
I totally agree mollybygolly - I will reiterate the terms of the lease and the penalty to him. Give him a chance to pay.

The blinds were already stated in the lease, so I will do that for him.

Thank you!!
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Old 03-08-2020, 05:30 AM
 
Location: Palm Beach County
1,708 posts, read 4,408,016 times
Reputation: 641
He probably has no right to do what he did, but just take the $50 out of the deposit when he leaves. Why start a situation with someone living in your property over $50?
Document everything of course.
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Old 03-08-2020, 10:04 AM
 
486 posts, read 2,116,141 times
Reputation: 379
Skylinet - you are so right. I will keep it all document and if it comes to it, it will come out of deposit.

Thank you!!
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Old 03-08-2020, 07:21 PM
 
537 posts, read 1,451,531 times
Reputation: 383
Just tell him that he doesn't have the right to withhold money per the lease, and you will make up for the previous deadbeat landlord by getting the blinds changed as soon as possible (this should make you at least look decent). Then say with that all said you are expecting the $50 to be paid asap otherwise there will be late fees.
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