Refund of rent? (by Batman [MN]) Nov 20, 2013 12:59 PM|
Refund of rent? (by Peter [NY]) Nov 20, 2013 1:16 PM
Refund of rent? (by Moshe [CA]) Nov 20, 2013 1:25 PM
Refund of rent? (by David [MI]) Nov 20, 2013 2:31 PM
Refund of rent? (by Nicole [PA]) Nov 20, 2013 2:31 PM
Refund of rent? (by Mike45 [NV]) Nov 20, 2013 2:32 PM
Refund of rent? (by Robert,Ontario,Can [ON]) Nov 20, 2013 3:16 PM
Refund of rent? (by Colin [CO]) Nov 20, 2013 3:58 PM
Refund of rent? (by OPM [OR]) Nov 20, 2013 4:32 PM
Refund of rent? (by S i d [MO]) Nov 20, 2013 6:10 PM
Refund of rent? (by V [OH]) Nov 20, 2013 7:41 PM
Refund of rent? (by BRAD 20,000 [IN]) Nov 20, 2013 10:16 PM
Refund of rent? (by frank [NY]) Nov 25, 2013 9:53 AM
Refund of rent? (by Batman [MN]) Posted on: Nov 20, 2013 12:59 PM
Electrical panel main breaker went bad. Most of the house had electricity but not the hot water heater.
Electrician couldn't find a breaker that would work in the old box. So he changed the whole box and charged me $1300. It took awhile for the problem to get resolved. About 15 days. Due to electricians schedule, attempting to find breakers that would work, box replacement, issue with tenant not being home to let him in, etc.
Tenant got upset and moved out. Problem started night of Oct. 15th and She moved out at end of month. Tenant was on a month to month lease.
Now she wants full sec. Dep. Back pus reimbursement for 15 days rent.
There was some damage to the house
She ruined the carpet in the living room. She claimed her vacuum sucked up a loose Yarn of the carpet. There was carpet Missing 3" wide by 3 ' long. Forcing me to replace carpet. She claims she shouldn't have to pay for that carpet damage because she was just trying to clean it. Her dog chewed on my base trim corners. 3 blinds missing. Dog claw scratches into trim on doors.
Rent $560/mo. Sec dep $700
How much should I give back?
She is already threatened to take me to Court.
Refund of rent? (by Peter [NY]) Posted on: Nov 20, 2013 1:16 PM
I am not sure but 15 days with no hot water would be a habitibilty problem. But she definatly should pay for damages. and she stayed there for the 15 days.but you also state you had issues with getting in to fix it beacause of tenant. You would have to elaberate on that one. --96.238.xxx.xxx
Refund of rent? (by Moshe [CA]) Posted on: Nov 20, 2013 1:25 PM
Your accounting should take into account both the damage done and the abatement of rent due to uninhabitability.
Refund of rent? (by David [MI]) Posted on: Nov 20, 2013 2:31 PM
Batman, what kind of breakers did the old box have? Just so I know what to look out for. thanks. --108.226.xx.xxx
Refund of rent? (by Nicole [PA]) Posted on: Nov 20, 2013 2:31 PM
...issue with tenant not being home to let him in...
then YOU should have been there. Sounds to me like your electrician wasn't very efficient - he should have been able to take care of that with one or two working days time. --72.95.xx.xxx
Refund of rent? (by Mike45 [NV]) Posted on: Nov 20, 2013 2:32 PM
No hot water for 15 days, she is entitled to some kind of refund on the rent for that 15 day period. Because she did in fact stay there fore that 15 days, I would sy she still owes some rent, just not the entire amount. I'd say 50%. So you owe her a refund of $140 for the 15 days without hot water.
She had a right to move out without 30 days notice, because the property was uninhabitable. So no dings there.
Was the carpet subject to damage by a vacuum cleaner pulling a thread? Figure out the damages to the property -- the carpet, the blinds and the dog damage, give her additional credit for the rent abatement, and pay the refund or bill her for the amount still owing.
Refund of rent? (by Robert,Ontario,Can [ON]) Posted on: Nov 20, 2013 3:16 PM
A dog in a rental unit then having carpet damage is common. Allow fifteen days then account for carpet damage. Carpet damage is not normal and tear. It should a day or two to install circuit breaker panel then run a wire to the hot water heater. Next time around look for another electrician. If one understands electrical work then using a voltmeter to traced out a open circuit should not be that difficult. One time changed out a defective circuit breaker which was used for the water heater. --74.220.xxx.xxx
Refund of rent? (by Colin [CO]) Posted on: Nov 20, 2013 3:58 PM
Agree with Robert give her a credit for 15 days then deduct all damages. I don't think you will be shelling out any cash via refunds!
Refund of rent? (by OPM [OR]) Posted on: Nov 20, 2013 4:32 PM
Ah the 2 cents dept.
Of course this is all subject to MN laws...
Do they define habitability..
you say the home had power, just not to the HWH
So if she could heat water on the stove.. and had all the other power.. sorry not a habitability item
She chose to move out..
Many states have a process for claiming habitability and as long as you are making the effort..your ok..
But perhaps there is more
Refund of rent? (by S i d [MO]) Posted on: Nov 20, 2013 6:10 PM
I agree with OPM that none of us here is familiar enough with your state's laws to know if proper procedures were followed. I'd splurge and pay a local, experienced, land lord / tenant attorney a few $$$ to get a rock solid answer as far as habitability issues for lack of hot water heater only. You need this answer ROCK SOLID for not only this specific issue, but also for the future. What issues constitute inhabitability? How much time frame do you have (legally) to make repairs before rent should be abated? Did the tenant follow proper procedures? Did YOU follow proper procedures?
Too many armchair quarterbacks here. You need professional advice. --108.250.xxx.xxx
Refund of rent? (by V [OH]) Posted on: Nov 20, 2013 7:41 PM
Amazing that you could not wire the water heater to something or exchange it power source for something else, but I would deduct the damages just like everyone else has said, vacuum cleaners do not yank carpet from good carpeting. What condition was the carpet when move-in photos were taken, hopefully you have hard surface floors now - carpet is a money pit in disguise. --75.94.xxx.xxx
Refund of rent? (by BRAD 20,000 [IN]) Posted on: Nov 20, 2013 10:16 PM
Read your state law. Look for something like
"tenant must allow reasonable time for repairs." This has saved my neck many times.
2 weeks is too long so she might get the judge's ear on this one.
Cleaning and repairs
deduct an COURTESY INCONVENIENCE amount for lack of hot water
Total TO or FROM Resident
Inconvenience amount: I suggest $10 per day x 14 days = $140. If she balks bump it up to keep her quiet. --67.175.xx.xxx
Refund of rent? (by frank [NY]) Posted on: Nov 25, 2013 9:53 AM
I would give her exactly what she wants.
3 days without hot water is a big problem. 15 days is just neglect. Your electrician could have hacked in a temp subpanel in 2 hours and you would have hot water.
From the tenants perspective you did not do enough to make things happen.
On the third day, 9am I'm calling other electricians to make this happen.
Electrician calls me and says I can't get in, I'm in the car on my way.