lease early termination

[klyncher]

Desperate Landlord !!!!

What is the name of your state?RI
On 7/1/05 we rented an apartment to 2 young roomates(21 yrs) with a 3yr old child, who claimed they loved to clean and had no habits and that they were "classy girls". The apartment was presented with minor problems, of which some were previously known/informed. Problems like:missing window screens (6 of 13), slow flush toilet,low cooling refrigerator, cracked sink bowl, etc.We maintained contact during the 2 weeks of the repairs process providing updates and appointments scheduling never expressing any discontent. They surprisingly called on 7/12/05 demanding to be released from their lease and for their deposit back, insisting the apartment had too many problems and wanted out. They claimed they loved the apt but they were disapointed with the many issues. We apologized and requested additional time to complete the repairs, they agreed. We completed all major repairs , we even hired a cleaning service because they complained the kitchen was not presented to their cleaning standards and to line their kit cabinet drawers which they refuse to clean out,etc. we purchased a Sears repair serv for the fridge they claim didnt freeze,. We set up several appts (with ample notice) for service and they missed them without an explanation or prior notice. After some complaints from our other tenants about their behaviour towards them and conduct, lies they made up about the entire issue,the unrealistic expectations they had and they demeanor towards us and other tenants during communications we sent them a letter on 7/28/05 accepting their request to break their lease and vacate by 8/30/05 with the return of their deposit after a satisfactory apt condition report. They called us irate on 7/29/05 stating they had found an apt for 8/5 but they needed us to pay them their deposit in advance to pay the new landlord, they didnt intend to pay August's rent ,for they claim to be advised by an attorney and mother who works for the Housing Dept ,that they can withold rent due to the pending repairs and they demanded that we take them to court since they were sure they would win. Their mother called yesterday as an intermediary and argued with them for their handling of the situation and requested if they could break their lease and prorate the month of August until they leave. We agreed as long as she would let us know until when they would stay for and that they return the apt in good condition. She made herself responsible and promised they (the roomates) would comply as well and would leave by the promised date.
I most definitely want them out, I knew we would have problems when I later found out one was unemployed and initially had problems paying us her portion for half of the security/1st rent, allowed her boyfriend enter throught the window because he didnt have keys, was very confrontational,rude and causing problems with our well liked tenants upstairs and lied on their application.
Can they withold rent due to Housing violations such as our failure to install the window screens and replacing the slow flushing toilet(need to hold handle down)? Can we charge a late fee if they pay prorated rent after the 1st of the month(no grace period), can they break the lease without a written request or notification to Quit, or at least inform us of their intention to leave while we were completing the repairs? Can they break the lease so quickly simply because of these issues without allowing us additioinal time to complete the repairs which we intended to do.
I think they found a cheaper apt and had hardships with paying the upcoming rent due. IF we go to court can we sue for the remainder of the lease which ends 12/31/05?
We know we shoudnt have rented the apt with pending repairs, but we underestimated our capabilities as new and out of state landlords (6 hours away) doing most of the repairs ourselves and the lack of a reliable handyman, in addition to taking on tenants we were doubtful about.
The mother promised she would call us today with a move out date but she didnt. We are now considering selling the rental property and moving on. Please advice and HELP. We thank you for any assistance.
Desperate Landlord

 

[longneck]

Can they withold rent due to Housing violations such as our failure to install the window screens and replacing the slow flushing toilet(need to hold handle down)?

no. in RI, the tenant's remedy is limited to paying for the repairs themselves (and only after giving the LL 20 days WRITTEN notice they are going to do so) or getting a court order to withhold rent.

Can we charge a late fee if they pay prorated rent after the 1st of the month(no grace period),

if they're late, then they are late! apply any lates fees per your agreement with them. RI allows you to deduct unpaid rent from the security deposit.

can they break the lease without a written request or notification to Quit, or at least inform us of their intention to leave while we were completing the repairs? Can they break the lease so quickly simply because of these issues without allowing us additioinal time to complete the repairs which we intended to do.

yes, but only if they give your proper WRITTEN notice and the needed repairs "materially affecting health and safety". from what you have written here, none of the needed repairs "materially affect[ed] health and safety". you need to read ALL of this: http://www.rilin.state.ri.us/Statutes/TITLE34/34-18/INDEX.HTM

I think they found a cheaper apt and had hardships with paying the upcoming rent due. IF we go to court can we sue for the remainder of the lease which ends 12/31/05?

you shot yourself in the foot for possible recovery of lost rent by giving them written permission to leave early.

but look at is this way: you're getting rid of an evil tenant!

 

[klyncher]

Desperate landlord-tenant early lease termination

I thank you for your detail response and advise. Regarding the repairs affecting their health and safety I agree and I noted this in the letter we sent them however, on the web we found the RI housing MAintenance and Occupancy Code(RIGL 45-24.3)mentioning:
"Plumbing (RIGL 45-24.36+7) Bathrooms must have properly working plush toilets...."
-The toilet flushes but have to hold down the lever for a bit to flush thoroughly. We told them we would replace the toilet verbally and in writing.

The second issue is the window screens RIGL 34-18-24.3-6 states,
" owner must initially provide and install screen, storm windows and shades for a new tenant, from then on the tenant is responsible for their maintenance and replacement."
-We finally found the missing screens in our attic and placed them at back of property just in case if they wanted to install them themselves but they refused and we told t hem we would install them later.They had 7 (at least each room with a screen ) other windows with screens but claim they couldnt open their windows due to bugs/flies.
We have told them to please write their requests in writing but they refuse and we have always maintained that we would take care of any issues they had with the apartment.
In our letter we sent them we described the repairs completed and pending with a status, also we acknowledged that the apartment was given with some of the repairs needed.
We agree to let them leave only with the condition they send us an acceptance in writting by 8/5/2005 otherwise they would have to continue their lease. Their mother who admitted they were behaving badly/immaturely,
never called us back to confirm when they were leaving as she promised.
If they dont respond by the due date can we collect for the remainder of the lease if they leave ealy without proper written notice?.
We are learning the hard way to inform ourselves before enbarking on any business. We now realize that landlorship is a business.
One last question, by going to small claims and if we lose, does the decision or judgement affect ones credit profile. Thanks again for any advise, its well appreciated.
Desperate Landlord

 

[klyncher]

Desperate Landlord new developments

I contacted a building code official who informed me that the misisng window screens were NOT considered code violations and even if there were the tenants couldnt withhold rent at their discretion, there is a process. Ironically , I later contacted an attorney who says from her experience with these cases/claims, I DO have a code violation and I would lose solely because the tenant has a small child and I didnt provide the window screens as a safety requirement to prevent the child from falling ou the window and that if I lose I could be forced to pay back all paid rent and other fees too. I thought window guards were for window safety and screens for bugs/flies???. Dont people falll out windows with screens?? My toddler nephew did (from 1st floor and fortunately was not hurt or bruised) it snapped out from its clips.She says to give the tenants what they want to get rid of them for good. The girl's mother still didnt call back and we intend to write a letter withdrawing the offer for early lease termination if we dont get a written confirmation of their plans/intentions to vacate the unit. ANyone (including tenants) with any experience with this (code violations/claims due to repairs) please respond. I thank anyone for their advice.
Desperate LAndlord

 

[longneck]

ok. that extra bit of information helped. it has solidified my previous position, which can be summarized in two quotes from my original post:

but only if they give your proper WRITTEN notice and...

you shot yourself in the foot for possible recovery of lost rent by giving them written permission to leave early.

since the law requires that they notify you in writing of problems before withholding rent or terminating the lease, they have no leg to stand on since they never gave you anything in writing.

but who cares? you willingly let them out of their lease. there is nothing left for you to do. no case to fight. no point to make.

 

[klyncher]

Desperate Landlady

NEW DEVELOPMENTS
We called the tenants and sent a written letter/notice for access to complete some repairs (window screen replacement and toilet replacement). They said it was ok for us to go. When we showed up with the handyman, the boyfriend answers (who is not on the lease and obviously lives there)
note: 1st time we met him for an service appt, he had the audacity to tell us he was alone after breaking through the window to enter. he had left his keys.
He messages to us that the tenant girlfriend denies entry, because they called a code official which was scheduled to appear on Tuesday and she didnt want any repairs until after the appointment. We demanded a letter of her denial of entry,which she obviously refused to do. We called the police for a statement and as witness to the incident. he took a report entered and viewed what they claim as "housing violations" . The officer didnt allow us to enter with him to ensure they didnt cause additional for their outrageous claims. I argued that if there is indeed major code violations, why wouldnt they allow us to enter to repair the "violations". They had no answer.It was clear to us that they became irate after receiving (that day) a letter we sent them (express mail) where we demanded rent/fees due, reminded them of their responsibilities, informed them we will not accept the deposit in exchange of rent due and and recorded the chain of events mentioning that her mother works for the dept of Housing ,also we reminded them that their deadline for a response was 8/5/05 (that same day). They retaliated by maliciously calling the code enforcement later that day.The next day 8/6/05 I receive certified mail ( their 1st written letter) from them stating their reason for withholding rent was the enermous amount of repairs the home had pending and the safety concern she had. THey included items like the missing plaster on the wall where the door knob banged (3" diameter/quater inch dept), the 15 yrs+ wall oven being filthy (oven hasnt operated since we bought the house 2-3 yrs ago) and hasnt been used since.it has light brown spots, and other minor items like the loose 5" radius medalion on a chandelier which the electrician forgot to attach to the ceiling. She also added items which we had no verbal/written notice before like some wooden windows difficulty to open/lever crank hard to turn and missing lock on windows (creating a safety hazard for her but not for her boyfriend). They had the audacity to even include all the items we already repaired in their complaint. THey now call the violations "HUD" violations instead of their original claim of RI Housing violations.We failed to take pictures and we are not sure what the outcome will be. However, I am sure they cant hold back rent. Even if the property was uninhabitable, they would still have to pay the Chief code enforcent rent which is placed into escrow until the so called violations are satisfied.In a way we are relieved that enforcement is going there this way we know for sure that building meets all code requirements. We plan to keep the property for a while since we have invested and plan to invest additional monies to make it easier to maintain.
My question is, I gave them the offer to break lease if they responded by 8/5/05, their mother intervened (7/29/) and said they would leave early and would pay prorated rent but never followed through as promised. We received a response on 8/6/05 but they sent the reply on 8/5/05 (the deadline date) never mentioning the acceptance of our offer.They simply notified us of their intent to vacate by 8/31/05 and reasons for not paying rent. Do we still have to honor the original offer to break lease/respond by 8/5/05, even without paying us the 8/05 rent? We didnt specify that they had to pay us the prorated or full month's rent but that would have been obvious in our minds,right?.
THanks all for your great advice and support.I appreciate any advice /comments.

Desperate LAndlord(landlady)

 

[ENASNI]

They are being unreasonable, You really should have had the house really rent ready, but they are not giving you enough time or the access to fix any problems they have reported.
http://www.rilin.state.ri.us/Statutes/TITLE34/34-18/INDEX.HTM
They are supposed to give you enough time in writing to fix and not block access, I am glad you are having witnesses to the lack of access.

I do not know about the housing angle, if they have an "in" who knows what is going to happen, I would like to believe in the inherent honesty of our fellow man and government officials. but... oops.... coffee just splurted out of my nostrils and all over my paperwork... must get some paper towels.

Good Luck.


(ps... more paragraphs please, and keep us updated, thanks )

 

[longneck]

http://www.rilin.state.ri.us/Statutes/TITLE34/34-18/34-18-26.HTM

the landlord shall give the tenant at least two (2) days' notice of his or her intent to enter and may enter only at reasonable times

reschedule with your handyman for 2 days out. post a note on their door:
"on __/__/__, the property owner or a designated contractor will be entering the unit sometime between 8 am and 5 pm to effect repairs. this notice is provided per RI § 34-18-26, the tenant 'the landlord shall give the tenant at least two (2) days notice'; and 'A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit'."

also, you have 20 days from the day the tenants gave you notice about the broken items to fix or address them before they can cancel their lease or deduct from rent.

my personal opinion is to just leave these people alone since you have already released them from their lease. they agreed to be out less than 20 days from today, right?

 

[klyncher]

Desperately ......

UPDATE....


The code enforcer did appear ,he called us and informed us that the repairs were not major code violation but were issues that definitely needed to be addressed. The tenants of course gave him the impression we were slumlords and that we made no attempts to make any repairs to the property and failed to mention their refusal to allow entry to complete the repairs. He says that also realized they hadnt paid their rent as in 97% of the cases he investigates.
HE said that the issues are so minor that he wouldnt input in the system as long as we complied and completed the repairs within 30 days, which included the screens,toilet replacement and fixing the windows which they now claim don't work but never mentioned to us before. He added that when its inputed in the system it appears during title searches even if t he repairs were completed and it can discourage some potential buyers when selling. I dont even know if the boyfriend who confessed to us that he broke through one of the windows actually damaged the window lock or not, yet we are held responsible to repair/fix it.He (inspector)gave us some pointers to deal with tenants like these and stressed documenting every receipt and action we take with the tenants for possible claims, and to allow them to leave ASAP.

The inspector told the tenants that if they were in court they would lose for ilegally withholding rent and that only under extreme cases they would be allowed to go to a hotel (while still paying rent to the code enforcement escrow)if the unit was deemed uninhabitable and be reimbursed by the landlord.
As far as we know, we havent received any rent (out of state with mail forwarding service) and we have prepared to send the 5 day notice on the 16th as adviced by the court clerk. We'll attempt to do the evicton ourselves. The clerk mentioned that the biggest mistakes landlords make while trying to process the eviction themselves is mispelling tenants names and sending the notices on the incorrect dates (too early or late).
These errors usually cause delays to the entire proces. If we do get the rent paid we still intend to release them from their lease which we can without reason under a 6 month or less lease (according to an attorney) although it may take much longer to process. Either way as we told them, whether they leave now or later their lease is up in 12/31/05, so they can leave now while its hot or during a winter blizzard. In the end we are very relieved with the conclusion of the investigation since we always maintained that the repairs were minor and were in progress of completing the repairs, which we documented though our correspondence with the tenants. We intend to maintain the integrity of our properties allowing our tenants to have a comfortable place to call home. We were tenants too for several years and we empathize with our tenant's issues.
We would have preferred to complete the repairs after the unit is vacant, hopefully by 8/31/05, but perhaps its best to complete most of them during
their tenancy so not to appear spitefull or retaliatory.
Big question?????
Can we include the late fees on the eviction amount due were it says rent past due??
If not how do we collect the late fees they would owe us?
If I dont include it in the eviction request or 5 day notice can we sue for them at a later date?
Thanks everyone for your suggestions and advice which is greatly appreciated.

 

[ENASNI]

oy

California eviction law is so by the book.. You really need to have someone looking over your shoulder at every t slashed and lower-case j dotted.. really consult someone.. I could not walk you thru it and would not want to or you would take my doggie as collateral.. and I love my doggie.. GET HELP.. STAT!

Really.. you can get into trouble if you but an "I" before an "E"...


now.


( ps.. the lowercase j part was for you longneck.. though I did not watch the movie.. and will NOT in this lifetime.. )

 

[longneck]

i never said it was a good movie. but little bits like that made it bearable to watch.

 

[ENASNI]

i never said it was a good movie. but little bits like that made it bearable to watch.

You quoted it lovey.. its too late..

 

[klyncher]

HELP DEsperate ....

Can someone tell me if you can include late fees with the 5 day demand notice or I can only request the rent due? I dont have an attorney to ask so if someone knows this from experience please let me know. If I cant request the late fees then when can I collect them?THanks!!!

 

[ENASNI]

Can someone tell me if you can include late fees with the 5 day demand notice or I can only request the rent due? I dont have an attorney to ask so if someone knows this from experience please let me know. If I cant request the late fees then when can I collect them?THanks!!!

What 5 day demand notice? With a 3 day notice, only the rent is allowed NO LATE FEES... the 5 day notice is a demand delivered by the sheriff after you have filed in court. I am getting worried that you are really flying by the seat of your pants here... try to get some legal guidance.... really. It is not like I have a cousin in the legal field here in Cali and I am drumming up business. Everything points to the fact that California will throw out an eviction if you do not spell the word "the" correctly... Get it?

I know you are trying to get that legal guidance here, but none of the lawyers are going to walk you through an eviction for free. I am sorry, they are really great around here, but there is not a chance of that. I have not gone through it myself without a lawyer on my side.

 

[longneck]

E- these are RI LL's, not Cali.

but i think the same still applies. make sure all of your ducks are in a row.