 broken dishwasher (by landlord89a [CO]) May 24, 2010 5:33 AM
 broken dishwasher (by Gail K [GA]) May 24, 2010 6:05 AM
broken dishwasher (by in [IN]) May 24, 2010 6:37 AM
broken dishwasher (by Steve [MA]) May 24, 2010 6:41 AM
broken dishwasher (by Lois [CA]) May 24, 2010 8:41 AM
broken dishwasher (by Rook [CA]) May 24, 2010 9:48 AM
broken dishwasher (by Robert,Ontario,Canada [ON]) May 24, 2010 10:52 AM
broken dishwasher (by in [IN]) May 24, 2010 11:17 AM
broken dishwasher (by Mike45 [NV]) May 25, 2010 6:09 PM
broken dishwasher (by landlord89a [CO]) Posted on: May 24, 2010 5:33 AM
Message:
State Specific Question About: COLORADO (CO)
I have tenants that are moving at the end of the month. They have not paid the rent for this month in full and they are 3 months behind on paying their water bill.
They sent me an email 1 week ago claiming the dishwasher was broken (it is 1 year old, they are the only tenants to ever use it), and I in turn asked if they were going to pay rent. They ignored me request (as is par for the course), so I did not schedule a repair. Several days later they asked me again to fix the dishwasher and I once again asked about the rent and was simply told they did not have the money. I scheduled a repair at that time and then the tenant told me that they would not even try to pay the rent for the days the dishwasher was broken.
I will likely be going to court with these folks as there is extensive damage that I don't expect they'll repair. Do they have the right to not pay the rent for the period the dishwasher was out (10 days).
Thanks! --98.245.xxx.xx |
broken dishwasher (by Gail K [GA]) Posted on: May 24, 2010 6:05 AM
Message:
Of course not...
Gail --152.133.x.xxx |
broken dishwasher (by in [IN]) Posted on: May 24, 2010 6:37 AM
Message:
You need to fix the DW, now if you order the part it will be on back order and should make it in the door 2 days after they move out...
Being a nice guy you will later decide to buy a new one,again after they move out... --67.163.xx.xx |
broken dishwasher (by Steve [MA]) Posted on: May 24, 2010 6:41 AM
Message:
If it's your DW it's your responsibility to fix it in a timely fashion. This is true even if the tenant is late or not paying their rent. If the DW is only a year old it probably is covered under a warranty.
When they 1st got behind on their water bill you should have taken action to either be paid or have the unit returned to you.
As far as not paying rent for the days the DW was broken at the very most a judge should only allow a small amount to be withheld as compensation for the inconvenience of not having a fully functioning DW. --72.85.xxx.xxx |
broken dishwasher (by Lois [CA]) Posted on: May 24, 2010 8:41 AM
Message:
Having a broken DW is not a habitability issue. They can still wash dishes in the sink.
I agree with in [IN] -- tell them the parts are on order. --75.36.xxx.x |
broken dishwasher (by Rook [CA]) Posted on: May 24, 2010 9:48 AM
Message:
Don't start lying about parts on order if you're going to go to court. Judge may ask to see the order receipt and if you don't produce it, judge may figure all the lies the T has been telling him are true. --69.108.xxx.xxx |
broken dishwasher (by Robert,Ontario,Canada [ON]) Posted on: May 24, 2010 10:52 AM
Message:
Check the dishwasher by going over to see if the dishwasher is working or they are making just making a allegation that the dishwasher is not working. Make sure power is going to the dishwasher along with water valve is open so the dishwasher works. Fix the dishwasher then procede with the eviction so the non-paying tenant will be out as soon as possible. Often at the hearing tenants will make false allegations. Avoid any serious problems such as building code violation such as a plumbing problem or as leaky roof. More then likely the tenant will go on getting evicted over and over again. In future never allow a tenant into a rental unit without a thorough credit check. If on the credit report there are unpaid utilities then one can be sure rent will be unpaid as well. Check out into belonging to landlord association there are listings on this site. Running rental units is often difficult. In the province of Ontario it is more difficult to run rental properties as the laws are biased for the tenants. Right now have left rental unit empty as will not rent out to a problem tenant. Often they call up that if pets are excepted which only means a dog. When they are asked if they want pay a premium in rent they are no longer interested in the apartment. When asked why they want to move if the dog is no problem. A dog can easily cause three to four thousands damage to a rental unit where all the carpet and hardwood flooring is damaged. --216.110.xxx.xx |
broken dishwasher (by in [IN]) Posted on: May 24, 2010 11:17 AM
Message:
Most DW can be repaired unless it is a pump, then cheaper to replace, lots of scratch and dents out there,,,
Parts are sometimes hard to find, and a year old should have a warranty.
Best to go into court with clean hands, most tenants are a non win situation. --67.163.xx.xx |
broken dishwasher (by Mike45 [NV]) Posted on: May 25, 2010 6:09 PM
Message:
You made a mistake when you tied fixing the DW to T's paying the rent:
"They sent me an email 1 week ago claiming the dishwasher was broken (it is 1 year old, they are the only tenants to ever use it), and I in turn asked if they were going to pay rent. They ignored me request (as is par for the course), so I did not schedule a repair."
I am guessing that your response to the email was an email. So the T's have you in writing responding to a request for repair with a question about paying rent, making it look like you connected the two.
You do NOT have the right to withhold repairs because of non-payment of rent.
Fortunately, you got wise and scheduled the repair despite the non-payment of rent. That is important.
I agree that the Judge might give them a discount from the rent for the broken DW for those 10 days. How much is the rent on a unit with a DW, vs. the rent of the same unit without a DW? $100/mo? $50/mo? If I were the judge, I might allow a $3/day discount, which is $30 for 10 days.
So they can subtract $30 from what they owe you, if you appear in front of Judge Mike45.
--216.240.xx.xxx |
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