[jreenan]

We have a tenant that had been relatively good for 8 months - a few late payments, but otherwise good. On May 1st they called and said they were having financial trouble and would pay May and June's rent in full on June 1st. We verbally agreed to let them do this.

June 3rd came and the tenant called to say the refrigerator was broken. We still hadn't received rent for May or June so we told them we would fix the refrigerator when the rent was paid. We then posted a "Pay Rent or Quit" notice on their door and gave them until June 7th to pay. They paid us May and 1/2 of June's rent on June 7th and we verbally agreed to let them pay the remainder of June's rent on June 20th. We had the GE repair man out on June 7th to repair the refrigerator.

The tenants asked us if they could pay rent on the 5th of the month without late fees because that is when they get paid. We verbally agreed, although the lease states the 3rd.

On the evening of July 3rd, the tenant called to say the refrigerator was broken again and they had called the same GE repairman to come out. The earliest appointment was Monday, July 7th due to the holiday weekend. We said that was fine, it should be under warranty anyway.

Today we went over to collect July's rent and there was a note from the tenant stating that they "Prorated the rent by $113 on a $875 rent" for "lost groceries" since we didn't fix the refrigerator within 72 hours. I explained to her that this was illegal and they owed rent in full.

She insists that the refrigerator should have been fixed within 72 hours and is planning on "having her attorney call me".

We have always worked in good faith with our tenants. It isn't our fault that the GE repair man didn't fix it properly the first time. And it isn't our fault that the refrigerator broke the day before a holiday weekend.

Does she have a right to do this? What should I do in response?

[progunr]

Tell them that you are not responsible for the lost groceries, their renters insurance policy
(yeah, I know that they don't have one!) would cover such losses.

Demand the full rent, next time she says that she will have the attorney call, tell her that you must have the name and contact number for the attorney because now that she has informed you that she has retained legal counsel, you are required to speak only to the attorney regarding the future law suit or eviction process.

You may just have to evict them.

[jreenan]

Thank you for your prompt response!

[Fr_Chuck]

I would give them a 30 day notice to evict them, since if you give them a pay or quit they can just pay and stay. It is obvious they are turninginto a bad tenant. On the fridge, I will say depending on the court, they actually may win some on that in some of the liberal courts, I have found many housing judges expecting items fixed within 24 hours, I know as a landlord I alwawys had a extra fridge and stove in storage, when one broke I pulled it out and put another one in and had that one fixed.

But I would sue for the full rent and show this due, and let them fight that in court. Then it will be up to the judge depending if they even show up to fight it.