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    dinhsq's Avatar
    dinhsq Posts: 5, Reputation: 1
    New Member
     
    #1

    Feb 20, 2011, 08:03 AM
    New landlord and current tenant issue
    I took over the landlord in October last year 2010. The current tenant on the first floor was the relative with the previous landlord so he has the full access on the building. He installed washer and dryer on the basement tenant. When I took over in October 2010, I did not change any policy or raise the rent. The first floor 3 bedrooms, garage and washer/ dryer in the basement (even the basement the other tenant still rent) and FREE heat, electric and gas for $1100/ month (no secure deposit or lease contract).

    This week 2/18/2011, I got a call from a tenant from the basement and she complaint about the noise of the washer dryer machines and she could not sleep. I wrote a letter to the tenant on the first floor asked them to remove the washer/ dryer from the basement. I stopped by the tenant first floor, drop off the letter and talked to his wife and daughter to move the washer/ dryer. The first floor did not want to move the washer/ dryer out and they said that they saw the basement tenant use their laundry and they did not want them to use any more that was why the basement tenant want them to move it.

    Anyway, I told them to move the washer/ dryer out by asap. I called her husband and he busy at work. He told me to call him back next day. The next day I called him and he told me to meet tomorrow. I told him that I have to go to work and can't meet with him. I told him that I already gave him the letter and told him to move out the washer/ dryer machines out from the basement and we can discuss on the phone. He told me that the washer and dryer was installed since he moved in few years ago and when I took over, I did not told him to move it out or say any thing. I told him that for the past 4 months, I just leave everything as it was. The reason is the basement tenant has issue and they want you to move out the washer/ dryer out because the basement property belong to the basement tenant. You only rent the first floor and have access to the garage. He fight with me and hung up the phone. Not sure what should I do. Please advice. I also want them to remove the washer/ dryer out because it cost too much energy electric bill from me as well. Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Feb 20, 2011, 08:16 AM

    First, ANY question on law needs to include your general locale as laws vary by area.

    Second, when you purchased the building you became owner of any fixtures and fixtures would generally include a washer and dryer.

    So you need to confirm whether the washer and dryer are now part of the building or they remain property of the tenant. The next thing is the space where they are installed. Even if the washer and dryer are the property of the tenant, you can give notice that tenants are now restricted to portions of the building that they pay for. Give the entire building notice that on x date you will be changing locks to enforce this new policy.

    Another possibility, if it is determined that the washer dryer are part of the building, maybe you can turn the area where they are located into a communal laundry room with a policy about when they can be used, allowing all tenants to use them. But stipulate that the additional cost will be adding to the rent upon lease renewal.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    Feb 20, 2011, 08:27 AM
    Quote Originally Posted by dinhsq View Post
    (no secure deposit or lease contract).
    Hello d:

    You say you're the landlord. Is that a job, or do you own the building? If you own the building, you're probably going to have to get RID of the existing tenants, and start afresh with new ones... If you're just doing a job, your boss didn't give you the tools to be successful.

    The only reason a tenant WOULD move a washer out of his apartment, that has been there for a long time, and the previous manager KNEW about it, is to threaten eviction and loss of security deposit. But, you don't have that leverage. Plus, as far as I can see, they haven't violated any law by having the washer there, so I don't think he's going to remove it.

    excon

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