Paint job damage

[giraffez]

Recently we hired professional painters to paint our investment property while it was tenanted. Today we received a phone call to say the tennant is refusing to pay one week of rent because their sofa has paint on it.

We haven't seen the state of the sofa but we have had the painter also paint our house recently and they seem to clean up pretty well and are pretty careful with our stuff so we don't think there is too much damage if any.

We offered to have the sofa repaired and the tennant has refused this offer saying they will not be paying one week of rent - no discussion. If we persue any further they will take us to court. This doesn't sound very right. One week of rent is a lot of money and it properly won't even cost half as much to have it professionally cleaned. I suspect they are just trying to get money from this. What can I do?

The painters should have insurance to cover these kind of situation shouldn't they?

 

[Lil Skater]

I assume this is NSW? I'll give you my advice, but I don't know if any of it may differ as I'm Vic.

The painter should have insurance, it is true.

I would ask your PM if you have one to go and take photos of the damage, or you go along to see yourself.

In Vic there is no reason for a tenant to refuse to pay their rent (barring the obvious that the property isn't habitable), so yes you can pursue it further. In Vic they must be 14 full days in arrears to take the matter to tribunal for rental arrears. Check on the legislation there as it may vary.

One weeks rent sounds excessive, so you need to know exactly how bad it is before taking any further steps at this stage.

 

[wylie]

I would want to see evidence. And is their issue with you or the painter? Do you have a PM?

 

[neK]

When is their lease up?
Because i would be kicking them out.

Stunts like this are a power play in my opinion. Give in to them now, you'll be the chump that ends up getting played.

That said, I would do as wylie and lil skater suggested... then once their lease is up, kick them out.

 

[chilliblue]

No tenant has any right to refuse to pay rent and the association covering said tenant in whatever state they are in would say the same.

If they ask to be compensated and you refuse to, then their course of action is off to the tribunal.

Your PM should be dealing with this. Have them document the damage and see what their suggested course of action is.

 

[giraffez]

Thank you all

I do have a property manager but by what you guys are telling me, sounds like they are doing nothing but passing the message.

How to pursue with the tribunal if we have to go there, does the PM initiate this on the grounds they refuse to pay rent? What happens if they do get a lawyer to sue, sounds like a threat but can't rule it out.

Do i have the power to kick them out at the end of the lease? and then find another tennant?

Re the question whether the issue is with me or the painter, i assume its with me because they are refusing to pay rent. THey don't have direct contact with the painter

 

[Ace in the Hole]

Sorry, can't help with the current issue, but one question.
Why did you organize to have the property painted internally while currently tenanted?
Seems like an inconvenience and potential problems to tenants and their personal property as seems to be the case now.

 

[DaveM]

Tell PM to advise tenant to send photos of damage to them for discussion/claim with the painter, and that you expect any non payment of rent to be treated by the PM as arrears with appropriate action to be taken to recover

 

[nhg]

As Dave and others mentioned.

Take photos. Ask painter to pay damages. Send arrears notice to tenant if they persist.

Have everything documented and in emails so you can take proof to tribunal you were being reasonable.

Sounds like bull to me. Must be one hell of a couch.

 

[MichaelGilbert]

As Dave and others mentioned.

Take photos. Ask painter to pay damages. Send arrears notice to tenant if they persist.

Have everything documented and in emails so you can take proof to tribunal you were being reasonable.

Sounds like bull to me. Must be one hell of a couch.

haha sounds like a plan. I agree!

 

[Truly Exotic]

As Dave and others mentioned.

Take photos. Ask painter to pay damages. Send arrears notice to tenant if they persist.

Have everything documented and in emails so you can take proof to tribunal you were being reasonable.

Sounds like bull to me. Must be one hell of a couch.

couldnt agree more, tenants are not allowed to withhold rent no matter how badly they have or havent been hard done by

I hope that you are near the end of your lease and its in an area thats easy to rent

 

[chilliblue]

Just remember to ask for all correspondence between the PM and the tenant to be documented in writing and copies forwarded onto you so you know exactly what is going on.

 

[giraffez]

ok thank you all. Will do.