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    Accprogrp's Avatar
    Accprogrp Posts: 4, Reputation: 1
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    #1

    Nov 22, 2007, 10:04 AM
    Private Room in Private Home
    I am renting a room and bathroom to a tenant. I have problems with excessing use of the in-home washer and dryer. I have asked tenant to restrict laundry to once a week, but she has not adhered to this. When I leave for work, I turn the power breaker OFF to the Washer and dryer, but she has turned it on during the day and leaves it on. I then put a lock on the door to the Electrical breaker and ensur that I look the door before leaving for work, but she somehow opens that door and leaves it open. I had her sign a 6th month lease which was prepared by me. We are now in month 3, can I ask her to leave? Does she have any rights?

    Thank you
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 22, 2007, 10:34 AM
    Quote Originally Posted by Accprogrp
    I am renting a room and bathroom to a tenant. Does she have any rights??
    Hello Acc:

    You say above that it's a room and a bathroom. If that is the extent of her lease arrangements, then what is she doing using the washer and dryer? If, however, use of the washer and dryer IS part of her lease, then it IS.

    What's excessive to you, may not be to your tenant. When you prepared the lease, did you mention anything about limited use of the washer and dryer? I'll bet not. You can't insert a provision in the lease after the fact.

    Therefore, she has right to wash her underwear EVERY day if she chooses. If you lock her out of the facilities, YOU are the one in violation of the lease and YOU can be sued by her.

    excon
    Accprogrp's Avatar
    Accprogrp Posts: 4, Reputation: 1
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    #3

    Nov 22, 2007, 10:42 AM
    Quote Originally Posted by excon
    Hello Acc:

    You say above that it's a room and a bathroom. If that is the extent of her lease arrangements, then what is she doing using the washer and dryer?? If, however, use of the washer and dryer IS part of her lease, then it IS.

    What's excessive to you, may not be to your tenant. When you prepared the lease, did you mention anything about limited use of the washer and dryer? I'll bet not. You can't insert a provision in the lease after the fact.

    Therefore, she has right to wash her underwear EVERY day if she chooses. If you lock her out of the facilities, YOU are the one in violation of the lease and YOU can be sued by her.

    excon

    Thank you,

    Yes, use of washer and dryer are included, we did have a verbal conversation that laundry should be limited to once a week. Does she have a right break into my locked room?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Nov 22, 2007, 10:47 AM
    Quote Originally Posted by Accprogrp
    Thank you,

    Yes, use of washer and dryer are included, we did have a verbal conversation that laundry should be limited to once a week. does she have a right break into my locked room?

    The written contract cannot be changed by a verbal agreement unless both parties are in agreement with the changes(s) - and apparently the two of you are not; therefore, no verbal amendment.

    Does she have a right to break into a locked room - I really don't know. You would have to ask your local Police Department. However, if your contract agreement says she can use the washer/dryer and does not limit her access and you have now limited her access by locking the door she can certainly come back at you in Court for the refund of a portion or all of her rent. She paid for unlimited use of washer/dryer and that is not what she received.
    Accprogrp's Avatar
    Accprogrp Posts: 4, Reputation: 1
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    #5

    Nov 22, 2007, 11:37 AM
    Quote Originally Posted by JudyKayTee
    The written contract cannot be changed by a verbal agreement unless both parties are in agreement with the changes(s) - and apparently the two of you are not; therefore, no verbal amendment.

    Does she have a right to break into a locked room - I really don't know. You would have to ask your local Police Department. However, if your contract agreement says she can use the washer/dryer and does not limit her access and you have now limited her access by locking the door she can certainly come back at you in Court for the refund of a portion or all of her rent. She paid for unlimited use of washer/dryer and that is not what she received.

    Thank you,

    These responses are very helpful.. I have just re-read the lease and honestly, there is no mention of use of washer/dryer. We verbally agreed that she can use that one a week.

    Thanks agaiin and I do plan on speak with the local police.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #6

    Nov 22, 2007, 11:38 AM
    Sorry but unless you limited in the written agreement to once a week
    *** which is of course silly and not normal and I doubt would be upheld as reasonsble by a housing judge.

    Most people do laundy at least twice a week, perhaps they don't have that much clothes, or certain work clothese, for example where I work they furnish three shirts, so I have to do it twice just to get though the work week.

    I am sorry if you think she is using too much water and power but honestly this is just being too cheap, you should have considered those costs in the price of the lease.

    I would say you are wrong in requiring it, should not legally be able to lock the fuse box ( for safey issues) and would most likely lose in any housing courts I have been to.

    So I would say let it go for 3 more months, and decide to raise your rental fee to cover what costs you believe you are losing.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Nov 22, 2007, 12:54 PM
    Quote Originally Posted by Accprogrp
    Thanks agaiin and I do plan on speak with the local police.
    Hello again, Acc:

    I don't know if I'd do that. Do you have an occupancy permit? Is your neighborhood zoned for renting rooms? My hunch is no. If you call the cops, you may get shut down for good and get sued to boot.

    Look, you screwed up when you wrote the agreement. You can't now take it out on your tenant. Bite the bullet and do better the next time you rent the place.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #8

    Nov 22, 2007, 01:13 PM
    excon is correct, unless your zoning of your home, is multifamy you can not just rent out rooms, your renter may be even able to sue you for all the rent money back for having an illegal rental.

    Now if you just want her out, offer her money to move out, buy out the 3 months left in the lease.
    Accprogrp's Avatar
    Accprogrp Posts: 4, Reputation: 1
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    #9

    Nov 22, 2007, 05:15 PM
    Quote Originally Posted by Fr_Chuck
    excon is correct, unless your zoning of your home, is multifamy you can not just rent out rooms, your renter may be even able to sue you for all the rent money back for having an illegal rental.

    Now if you just want her out, offer her money to move out, buy out the 3 months left in the lease.

    Thanks
    Very good advice... I will be patient for 3 months and be more careful in the future

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