New tenant wants carpet replaced
- Thread starter Pudding
- Start date
Too be honest, I don't think I'm 100% happy with that. I'm just don't know how I would go about asking for varied lease terms in exchange for carpet, or straight out saying tough luck the tenant should have negotiated this before signing.
And I am very glad that the rea didn't address me as a mr ;-)
And I am very glad that the rea didn't address me as a mr ;-)
Or Ms or Dr or Rev or Your Majesty. As applicable.
Well.....I certainly would not be happy with that response from an Agent in a residential lease, but would be completely livid in a Commercial Lease.
I would be having a stern word with that Agent. They work for YOU, not for the Lessor! It is not their place to negotiate what you will & will not pay for unless you have given them the express authority to do so.
Any good commercial agent would have clearly advised the tenant that the carpet was in acceptable condition at the beginning of the lease and that they are now requesting a variation outside of agreed terms. How happy would they be if you starting making changes to your needs?
I still stand by the answer of no to the request and if the agent believes that is unreasonable, have them reimburse their leasing fees to the tenant as a contribution to the carpet.
An alternative if you are leaning towards agreeing to the request would be:
1. Personal guarantors to be added to the terms of lease.
2. Clause to be inserted: "if the tenant complies with all terms of the lease during the entire term of the initial lease then the landlord agrees to make a payment of $XX being 50% of the end of the term'.
I still stand by the answer of no to the request and if the agent believes that is unreasonable, have them reimburse their leasing fees to the tenant as a contribution to the carpet.
An alternative if you are leaning towards agreeing to the request would be:
1. Personal guarantors to be added to the terms of lease.
2. Clause to be inserted: "if the tenant complies with all terms of the lease during the entire term of the initial lease then the landlord agrees to make a payment of $XX being 50% of the end of the term'.
That's the advantage of email. It's much easier to write an email which says what you want politely, without being distracted by the other party trying to change your mind.
"I'm not sure that I'm comfortable with paying for carpet when the condition o the carpet was known when the lease was signed. If I do agree to paying for the carpet if like to suggest that the original lease term gets extended by one year (or the lessee provides a personal guarantee or whatever). Signed Rev. Dr. Pudding".
It's bad enough tenants think the LL are rich, even the PM thinks they are rich.
The carpet will be useless at the end of the lease, even if it is replaced.The next tenant will never like it.
Since the PM didn't follow instructions, let them pay for the 50% cost of the carpet. They offered on your behalf to pay, without even consulting you.
If you say yes to this, it will be never ending, until you start saying no.
You might as well have a residential lease.
The carpet will be useless at the end of the lease, even if it is replaced.The next tenant will never like it.
Since the PM didn't follow instructions, let them pay for the 50% cost of the carpet. They offered on your behalf to pay, without even consulting you.
If you say yes to this, it will be never ending, until you start saying no.
You might as well have a residential lease.
I wouldn't agree to paying carpet cost in your example, however, if it were me and I was leaning towards a contribution it would be in the form of an equivalent "x" weeks free lease at the end of the lease term.
If tenant's business goes south and they don't make it to the end of the lease you don't pay, likewise, the agent doesn't get any fees for that period.
If tenant's business goes south and they don't make it to the end of the lease you don't pay, likewise, the agent doesn't get any fees for that period.
^^^^^^ Agree
Bingo!
The operative word here being 'good'.
Tell the PM it ain't happening. If they want new carpet to do it themselves.
Without knowing the more details, what's the story with the endless options?
As a commercial agent I would never (insert disclaimer) recommend a landlord accept 3x1year options, especially on a 2 year lease. It devalues your property and limits your options.
Pudding is the Lessor.
But he has to learn to be one.
The tenant is asking for a variation and the answer should be a clear no unless there is a clear and definable benefit to him.
An option is not a benefit.
As to the agent, it may be time to look for another.
In case anyone was interested in knowing the outcome, I will not be contributing towards new carpet. The lessee is aware that any improvements/maintenance is at their cost. Thanks to everyone for your valuable advice. On a side note, any recommendations on property mangers?
HRH Pudding
HRH Pudding
If we told our landlords we want carpet replaced, they would laugh us out of their office.
If any of my tenants ask me for a carpet, I would not do so and would happily not extend their lease when expiry comes.
My landlord recently tried to bill me for $40k air con fee that is part of their shopping centre, but he thought we were anchor tenants and so easy targets. I told him happy to see you in court.
If any of my tenants ask me for a carpet, I would not do so and would happily not extend their lease when expiry comes.
My landlord recently tried to bill me for $40k air con fee that is part of their shopping centre, but he thought we were anchor tenants and so easy targets. I told him happy to see you in court.
Hi Kathryn,
I emailed the PM basically what Geoffw suggested, and after about a week they called me letting me know that they have informed the lessee that maintenance and improvements are at their cost...
I'm thinking, why bother emailing me with the request if you knew that it was never gonna be my responsibility?!
Oh well, I've learnt to be a bit more assertive anyhow.
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