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Started By
Message
re: Legal Advice - Rental Home - Tenant Changed Floors now wants Money
Posted on 7/28/15 at 7:23 am to BallCoachinFool
Posted on 7/28/15 at 7:23 am to BallCoachinFool
There's more to this story that you're not telling. What she should do since you're a first class prick is rip her flooring up and take it with her and see how eager the buyer is then. You'd start changing your tune really fast. Have I already called you a prick? If not you're a prick.
3
Posted on 7/28/15 at 7:39 am to bencoleman
quote:
What she should do since you're a first class prick is rip her flooring up and take it with her and see how eager the buyer is then. You'd start changing your tune really fast.
Actually she can't do that, he owns the property and improvements done to it.
I doubt he went into this intending to screw her over but that is what happens when nobody is willing to commit to a written agreement over anything. They didn't even have a lease!
Posted on 7/28/15 at 7:44 am to bencoleman
quote:
What she should do since you're a first class prick is rip her flooring up and take it with her and see how eager the buyer is then. You'd start changing your tune really fast. Have I already called you a prick? If not you're a prick.
Someone is trying way too hard.
This post was edited on 7/28/15 at 7:44 am
Posted on 7/28/15 at 7:46 am to bencoleman
quote:
What she should do since you're a first class prick is rip her flooring up and take it with her and see how eager the buyer is then.
He closed on the sale about a week ago. She would be put in jail, with the quickness.
He told her he could not afford the floors but she had them installed without permission, or any agreement. He put the house up for sale with a verbal agreement that she would stay until it was sold. She then moved out 4 months before it was sold.
He legally owes her nothing. He gave her the wishy washy "We'll see, maybe, etc. He never agreed to reimburse her for work she had done that he never OK'ed.
Morally, he owes her for the difference in what the floors added in value, minus his actual out of pocket expenses caused by her moving out early.
He already spent the money that he was going to pay her and wants to know if she has a legal leg to stand on, not what is the right thing to do.
Posted on 7/28/15 at 8:14 am to BallCoachinFool
You sound like a sucky land lord
Posted on 7/28/15 at 8:39 am to Hangit
If she wanted to fight this I'm betting that he would have to pay. She can go to court and get an order from a judge allowing her to remove the floors and restore to their prior condition. If she does this, OP breached his contract of sale and he is royally fricked. His new down payment is already sunk in a new home and he likely not only owes the sales price back to the seller, but damages as well.
This lady could frick him over big time if she wanted to.
This lady could frick him over big time if she wanted to.
Posted on 7/28/15 at 8:41 am to UpToPar
Based on what? There was no agreement. Why would a judge go against what a standard lease would say?
This post was edited on 7/28/15 at 8:42 am
Posted on 7/28/15 at 8:44 am to UpToPar
I hope you end up in court with over 8500 in legal fees.
Posted on 7/28/15 at 9:03 am to LNCHBOX
I have a feeling the OP is being less than honest about the facts and that if it comes to a credibility determination, the trier of fact will see it much more clearly, eg, he did give consent to replace the floors, etc.
Posted on 7/28/15 at 9:09 am to USMCTiger03
There's no point in making speculations like that though. May as well speculate the lady was a serial killer and will be locked up and make all this irrelevant.
Based off what's been said of the situation, I don't see any legal way she is entitled to any money. Which is why I asked what UpToPar based his post on.
Based off what's been said of the situation, I don't see any legal way she is entitled to any money. Which is why I asked what UpToPar based his post on.
This post was edited on 7/28/15 at 9:10 am
Posted on 7/28/15 at 9:21 am to BallCoachinFool
I don't think he owes her a dime. She's an idiot for making improvements to a fixture without his full consent. What if the type of floors she installed weren't the kind he wanted? What if she put in something that didn't add value to the house (he did say he got less than asking). Lots of factors here. He might be an idiot for not having a lease, but this is on her. (assuming there isn't more to the story)
Who the hell makes major improvements to a rental property? SNL literally did a skit about how bad of an idea it was to install new flooring in a rental.
Who the hell makes major improvements to a rental property? SNL literally did a skit about how bad of an idea it was to install new flooring in a rental.
This post was edited on 7/28/15 at 9:24 am
Posted on 7/28/15 at 9:21 am to LNCHBOX
quote:
There's no point in making speculations like that though. May as well speculate the lady was a serial killer and will be locked up and make all this irrelevant.
Aren't we all essentially making speculations given the shaky facts provided?
What I stated is no more speculation than the other opinions given. I think it's much more likely that he's sugar coating it. Hell, he basically admits to some degree of lacking morality in the dealing and present strategy, so why do you accept that he's being truthful otherwise?
quote:
Based off what's been said of the situation, I don't see any legal way she is entitled to any money.
What he said. And he not interested in the morality side of it, based on his own words.
As far as legality, the house is in Texas, I have no idea what the law there speaks to the issues.
This post was edited on 7/28/15 at 9:26 am
Posted on 7/28/15 at 9:27 am to USMCTiger03
quote:
so why do you accept that he's being truthful otherwise?
because he, generally speaking, has nothing to gain by lying to us about the situation?
in fact, if hes actually trying to find out if hes in good shape lying to us would make this completely worthless to him.
Posted on 7/28/15 at 9:34 am to BallCoachinFool
quote:
Also counted her chickens before they hatched when she wanted to use divorce settlement money to pay for things. She had them put the flooring in, then when she didn't receive her money quick enough she had to negotiate more time to pay for the floors. One time I did ask her "are the floors able to be financed?" To which she responded "Don't worry about they money. I will take care of the floors."
After reading this you are so lucky she paid that bill and the contractor or materials supplier didn't end up slapping a mechanics lien on the property.
This is another reason you do not let tenants make improvements to your property, especially improvements that involve contractors. If the contractor doesn't get paid they will file a lien against YOUR property.
Posted on 7/28/15 at 9:36 am to BallCoachinFool
Dick Move if no compensate.
Posted on 7/28/15 at 9:53 am to NoSaint
quote:
because he, generally speaking, has nothing to gain by lying to us about the situation? in fact, if hes actually trying to find out if hes in good shape lying to us would make this completely worthless to him.
If he's trying to "workshop" his story, eg, to see where the holes are, then he certainly has something to gain by it. Perhaps that's why he was vague on some of the facts?
Posted on 7/28/15 at 10:06 am to FairhopeTider
quote:
Who the hell makes major improvements to a rental property?
I've seen worse. Friend of mine got a call from a tenant saying the water heater was broken and needed replacement. He went to go check it out and discovered the tenant had converted the garage into a new bedroom. Completely finished, with insulation, wiring, plumbing and everything.
Fortunately it was all done quite properly and professionally but the look on his face when he told me about it was absolutely priceless.
Posted on 7/28/15 at 12:08 pm to LNCHBOX
quote:
Based on what? There was no agreement. Why would a judge go against what a standard lease would say?
He said he reluctantly let her change the floors. That's likely enough for consent, so it's an improvement made with consent of the lessor. Oh, and standard leases that say that the lessor keeps all improvements don't mean the lessor doesn't have to pay something for them.
But, this is in Texas, and I don't have a clue about the laws surrounding leases in Texas.
Posted on 7/28/15 at 12:09 pm to UpToPar
quote:
Oh, and standard leases that say that the lessor keeps all improvements don't mean the lessor doesn't have to pay something for them.
If there is no agreement to pay for them, how could it mean anything else?
ETA: Again, I'm legitimately asking.
This post was edited on 7/28/15 at 12:10 pm
Posted on 7/28/15 at 12:30 pm to LNCHBOX
Because then the lessor is getting something for free if he doesn't pay for them. His house undoubtedly increased in value after the floors were put in. When a lease says that the landlord keeps all improvements, that is just going to mean that the lessee doesn't have the right to remove the improvements after they are made. Unless stated otherwise, the lessor can't keep the improvements and not pay anything for them.
Now, given that there was no written agreement here he stands a better shot, but even if he was letting her stay there for free and she put in all new floors, a court is not going to let him keep the floors without paying for them after kicking her out. That's called unjust enrichment.
Now, given that there was no written agreement here he stands a better shot, but even if he was letting her stay there for free and she put in all new floors, a court is not going to let him keep the floors without paying for them after kicking her out. That's called unjust enrichment.
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