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Started By
Message
re: Legal Advice - Rental Home - Tenant Changed Floors now wants Money
Posted on 7/27/15 at 9:13 pm to BallCoachinFool
Posted on 7/27/15 at 9:13 pm to BallCoachinFool
quote:
No, let me explain my screw up.
8500 for floors
4800 for rent
2800 goes back to her
Sorry for the wrong figures. House was 1200 a month.
$4,800 + $2,800 = ?
Legally I would think you would be OK...but I am former coach so I may not be the best provider of legal advice.
Morally, I would like to think I would pay her back.
I usually try and place a family member into the situation and respond how I would want someone to respond to them. In this case, what if this lady was my mother etc.
0
Posted on 7/27/15 at 9:14 pm to BallCoachinFool
Add the 200 a month for utilities
5600 for rent and utilities
2900 back to her
5600 for rent and utilities
2900 back to her
Posted on 7/27/15 at 9:15 pm to BallCoachinFool
What were the actual expenses that you had to come out of pocket for the four months?
Posted on 7/27/15 at 9:17 pm to BallCoachinFool
quote:
Add the 200 a month for utilities 5600 for rent and utilities 2900 back to her
Posted on 7/27/15 at 9:17 pm to BallCoachinFool
This is a great example of why you download a standard lease agreement that handles this shite.
They are not perfect but attached tenant improvements are spelled out as remsining with the property or the property restored to original condition.
They are not perfect but attached tenant improvements are spelled out as remsining with the property or the property restored to original condition.
Posted on 7/27/15 at 9:18 pm to BallCoachinFool
How long was she there for?
Was there ever a formal lease in place?
Don't leasehold improvements accrue to the landlord?
Was there ever a formal lease in place?
Don't leasehold improvements accrue to the landlord?
Posted on 7/27/15 at 9:19 pm to SoDakHawk
quote:
This lady went ahead and dropped $8500 on flooring for a house she knew was for sale
It was not for sale when she did it. She did it before they finished discussing it because her huge divorce settlement made her feel entitled to do whatever she wanted to.
Posted on 7/27/15 at 9:24 pm to LSUFanHouston
quote:
How long was she there for?
8 total months
4 months with new floors
Moved out 4 months before home was sold
quote:
Was there ever a formal lease in place?
Never - She didn't want one in case I wanted to sell or if she wanted to move or we decided to sell to her.
quote:
Don't leasehold improvements accrue to the landlord?
??????
Posted on 7/27/15 at 9:24 pm to Hangit
quote:
She did it before they finished discussing it because her huge divorce settlement made her feel entitled to do whatever she wanted to.
Thread Hijack Alert:
I know a family that settled an accident claim out of court in this area...Nothing major..but the money was big for this family...maybe $40,000 or so.
Once they got the money, by the end of the day it was all gone on auto down payments and other impulsive purchases and they had debt they could never possibly pay off.
TL/DR: Family was better off financially before they got their settlement.
Posted on 7/27/15 at 9:26 pm to BallCoachinFool
quote:
All I ever said about paying for the floors was "we will see" but this was after she agreed it was alright to sell the house and she would stay until we closed.
I am confused about this statement here then. Did she know the house was to be sold before she did the improvements?
Posted on 7/27/15 at 9:27 pm to Hangit
quote:
What were the actual expenses that you had to come out of pocket for the four months?
1200 a month mortgage 4800
200 a month utilities 800
30 every 2 weeks grass mowed 200 (paid 20 extra to have yard weeded)
5800 total cost to me after she moved out
Posted on 7/27/15 at 9:28 pm to BallCoachinFool
Your tenant is a fricking idiot.
Posted on 7/27/15 at 9:28 pm to BallCoachinFool
quote:
8 total months
4 months with new floors
Moved out 4 months before home was sold
quote:
Was there ever a formal lease in place? Never - She didn't want one in case I wanted to sell or if she wanted to move or we decided to sell to her. So agreed to no lease in case she wanted to move.
1. She then moved out
2. You now want to charge her rent and utilities because she moved out....something you agreed from the start could happen?
May not change things legally, but morally the hole keeps getting deeper.
This post was edited on 7/27/15 at 9:31 pm
Posted on 7/27/15 at 9:31 pm to SoDakHawk
quote:
Did she know the house was to be sold before she did the improvements?
No she did not. Originally I did not plan to sell but my buddy made a killing on his home in same neighborhood so I wanted to try my luck. I also could not buy a new home with the old home on my debt to income ratio.
I was saying the improvements were made and I asked her if she would mind if I sold the house. I offered to sell to her first at discounted rate. She declined.
Posted on 7/27/15 at 9:31 pm to BallCoachinFool
Doesn't matter what the cost to you was for her moving out. There was no lease agreement in place. She was basically renting month to month and the applicable state laws regarding leasing of property (tenants rights,etc) is what you were operating under.
She owes you nothing for leaving early just like you owe her nothing for making unauthorized improvements to the property.
She owes you nothing for leaving early just like you owe her nothing for making unauthorized improvements to the property.
Posted on 7/27/15 at 9:35 pm to Bama323_15
quote:
2. You now want to charge her rent and utilities because she moved out....something you agreed from the start could happen?
This is not something I WANT to do. This is just my strategy to avoid paying entire cost of floors.
quote:
She owes you nothing for leaving early just like you owe her nothing for making unauthorized improvements to the property.
This is what I figure too. I was just using the leaving early to help my costs if there are any.
Posted on 7/27/15 at 9:38 pm to BallCoachinFool
Technically legally she's screwed. Flooring is a fixture. You as owner own it.
Now you may have contractually agreed to reimburse her depending on what you said to her.
Not technically speaking - if you don't pay her something you're a douchebag.
Now you may have contractually agreed to reimburse her depending on what you said to her.
Not technically speaking - if you don't pay her something you're a douchebag.
Posted on 7/27/15 at 9:41 pm to BallCoachinFool
quote:
This is just my strategy to avoid paying entire cost of floors
Move on and enjoy your new house then.
Posted on 7/27/15 at 9:49 pm to Pax Regis
I wouldn't give her full value but likely would consider some sort of middle ground, assuming all was otherwise good condition too.
If I truly told her not to move forward, and she ignored me, I'd probably shoot for the absolute low end of the estimated value added - not her out of pocket expense. If I was ambiguous and could be construed as leading her on for either her length of future in my house or reimbursement id probably shoot to the middle to high end of the estimated value added.
Key phrase being value added, not her expense. And that would just be kindness not obligation.
If I truly told her not to move forward, and she ignored me, I'd probably shoot for the absolute low end of the estimated value added - not her out of pocket expense. If I was ambiguous and could be construed as leading her on for either her length of future in my house or reimbursement id probably shoot to the middle to high end of the estimated value added.
Key phrase being value added, not her expense. And that would just be kindness not obligation.
Posted on 7/27/15 at 9:54 pm to reginaphilange
quote:
I don't know what you owe her legally, but if the new floors increased the value of the home and you gave her the boot a few months later, you should be a decent person and compensate her some. I'm sure she wouldn't have paid for the flooring if she knew she would have to move again in a few months.
This. Do the right thing. You will even feel good about it afterwards.
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