Join our FREE personalized newsletter for news, trends, and insights that matter to everyone in America

Newsletter
New

Am I Owed Rent?

Card image cap

Location: Pennsylvania. I own a rental home and I contracted with a company for new siding and windows to improve the value of the home. They subcontracted out the job and the work was negligent. It started to leak into the home. Whenever the renter contacted me about this, I contacted the company and they sent someone out to the property. I relied on my tenant to schedule this since he had 2 young children and a stay at home wife. After the third time calling the company to come out and not correcting the problem, it was determined that the products were installed incorrectly. At that time there was mold damage as well. My tenant moved out and into a hotel while the damages were being repaired. Their belongings remained in the home and they refused to move their items to facilitate the repairs. I had to hire people to move their furniture and belongings out of the areas needing repairs. They did not pay me rent for the month of July and used some of that money to pay for the first week of the hotel. I paid for the remaining 6 weeks and they spent 1 week with family. They did not pay rent for the month of August either, nor did they pay the sewer bills during these 2 months. These costs were itemized in the lease as their responsibility.

In September they were able to move back into the home after the damages were repaired and the mold was remediated. They demanded the whole home have the ducts flushed and cleaned before they would move back in, and I expedited that as well. They moved back in September and asked for a new lease. I stated that the old lease was still in effect since they demanded I pay for their housing and stored their belongings for the 2 months they were living in hotels. They insisted we initiate a new lease and they only wanted it to be month to month. I had my realtor reformat a new lease that was month to month, but I raised the rent $300 to be more in line with other properties in the area. These tenants had been in the home for almost 3 years without any rent increases. I explained that I held the rent since they had a long term lease with me, but now that they only want it to be month to month it will be going up. They refused to sign and paid me September rent based on the old lease. They then gave me 30 days notice at the end of September, turned off the water and electricity, and then contacted me to have the power and water turned on. I asked why I should turn it on. They stated that since they were not living in the house and just using the last month to move out and clean up, it should be my responsibility. They could not afford to pay for 2 homes. I refused to turn either on under my name and told them they were responsible while they were under the lease to maintain the property. If they refused and the pipes froze or there was other issues, they would be responsible. They never turned either back on and demanded their security deposit back in full.

Am I legally entitled to the rent for the months of July and August? The home repair company is refusing to honor their contract for paying for damages and told me to sue their subcontractors. I am trying to work that out without going to court. I did not contract with the subcontractors and have no basis to sue them. My contract was with the main company. I have requested reimbursement for the renter's hotel stays, but my position with the renters is that they still needed to pay their rent. They had the option to end the lease and find new housing or continue to pay rent under the lease and I would cover their hotel stays during that time. We can not see eye to eye on this and, before I take them to court, please tell me if I am correct.

submitted by /u/GoofyNFree
[link] [comments]