tenent - storm related issue NJ : ezLandlordForms

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Sandra P

started a topic almost 12 years ago

We have a tenant with a lease that began on Nov.1. They moved their furniture in before the 1st. We needed to get an inspection to allow them to move in, which was scheduled for before the 1st. Then came the hurricane. The inspector couldn't make it, and a tree fell in from of the house. Some repairs needed to be made before anyone could move in, there was no power for quite a while. The tenants stayed in a hotel fro a week, after that we let them stay in another furnished home for two and a half more weeks before they could finally move in. We felt bad about all of the moving around and waiting, so we offered to either pay their expenses from Nov. or we offered to give them the last month on the lease for free. They did not answer- and they also did not pay for December. When we asked why they didn't pay, they said they shouldn't have to pay because they didn't move into the home until the end of Nov. I feel they owe us for Dec rent and I am willing to honor my previous offer. Am I being unreasonable?

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Karen S

said almost 12 years ago

I am not sure why they wouldn't pay for December? They started living there dec 1 and all is well? If they dont want to pay for that month, then I would suggest they pay for the last and you switch the offer. How frustrating.

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Bob R

said almost 12 years ago

Have some questions: (1) when was the place ready for rent? (2) When did they move occupy unit in Dec? (3) Who paid for the hotel? (4) Did they pay for rent in the temp unit? (5) What did you collect (rent, sec.dpst, etc - amts not needed) from them when lease was signed?

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Sandra P

said almost 12 years ago

Thank you for responding. In answer to Bob's questions- 1. it was available for them to move in a few days after power was restored, around Nov. 24. 2.They moved in the following day. 3. They paid for hotel. We have asked for receipts to reimburse since Nov. 8. 4. We did not ask for rent in temp unit. 5. They paid 1 month rent plus 1 month security deposit. I want to add that my frustration was that they never said anything, just didn't pay. The hurricane was difficult and costly for everyone. Had they called to discuss, I am sure we would have worked it out.

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Bob R

said almost 12 years ago

There’s a lot to consider which makes it difficult to arrive at a reasonable conclusion. If it were me, I would just start collecting rent as of Jan. The disaster complicated things and everyone is paying the price. Tenants could have (maybe) found another place to rent or even decided to move out of town/state. This would have caused you to re-advertise (additional cost) to find new renters. Given the situation, you also would have to determine how long that would take and cost in loss of rent and time showing the property…..Very few tenants will notify you that they’re not going to pay. Again, given the situation, I can’t imagine the stress. Keep in mind that not everyone handles stress the same way. Let it go this time…...On another note, consider having insurance to guarantee your rent. This can be added to your property policy. Check with your agent……Q: Why did you only collect 1 month sec.dpst? . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

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Sandra P

said almost 12 years ago

Bob, Thanks again for your insight. I misstated the security deposit, it is 1.5 mos. We will look into insurance to guarantee rent. The storm was so costly... it shows you that you never know whats around the corner (it has also taught us to read our insurance policies carefully!). I don't like how the tenants chose to handle this, but we've decided to follow your advice and let it go. Hopefully it will help to keep happy relationship with them going forward.

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Bob R

said almost 12 years ago

I agree with you about tenants behavior. If all goes well in the future with them, that feeling will pass, hopefully :-) On another note, I noticed that you were going to offer them free last month rent. Not a good idea. Should the current rent = X amt and several yrs later it had increase to X + $200, you would be out $200. I’ve had rents increase by as much as $800 with a tenant over time. This is why I NEVER charge a last month rent. It can be costly should a tenant stay for 10 yrs. It’s better to increase the Sec.Dpst to the max allowable.-----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.