Tennant threatening legal action over lock

[lizzie]

that's why i love my pm ... i can tell her that "they rented it as is so tough" - or i can choose to fix if it is really required - and she has to deal with the tenant. takes the emotion and guilt out of the equation.

unfortunately you have started down a path that might be a hard slog to backtrack, by fixing "little" things that didn't really require fixing.

however, if you have told her you would do such, then you have an obligation to follow thru. have you thought about buying a second hand door of the right size and getting a handyman to fit it? would be cheaper than new. or - at least - replace the lock for reasons mentioned before.

anything you have agreed to, i feel you need to follow thru, but this has been a very important lesson and you need to stop now - don't agree to anything else unless it affects the safety or value of the tenant/property.

 

[GoAnna!]

Sounds like you need to have a couple of ready phrases for next time some-one asks you for something.

"Certainly, I will look into it."

"OK. I will see what's causing that to happen"

This allows you to look at the issue and say. "I took a look at the oven and it looks like a good clean will solve the smoke alarm issue. Let me know how that goes."

 

[Dazz]

the big picture is not to do with tenants but the asset itself.

Mike - reread that line over and over again until it sinks in. My interpretation of that line is diametrically opposed to that of simonjulie's intent....but nonetheless - have a good long think about it.

You sound as discontented about the situation you find yourself in, as I did a few years back.

I'm talking about the "inner businessman" feeling you had. Go with him - that's the chap that will make you wealthy faster than any other IMO....assuming of course that's the objective of your actions.

 

[simonjulie]

I think it is important to draw a line on unreasonable requests from tenants....but when I do i usually find something or someone else to blame.
it is always good to have a third party reason in your pocket.
Note: I use this strategy is for people making unreasonable requests only. only you know when the request crosses that line in yourself.
insurance...tenancy agreements ...local council by laws...whatever is available to blame is a handy tool for such situations. that way the conflict is avoided and someone else becomes the 'Bad cop'
In your situation you could come back to the tenant with something like: the body corporate only allow this kind of door lock/door.....we are attempting to find a replacement that fits in with what is acceptable....in the mean time we will repair the door/lock so that it is functional. blah blah....
Check with the BC and see if that is a real option first of cause! never lie! that can biteyou back!

 

[MikeJosef]

Thats exactly how i feel Daz - its a business and this little problem that really isnt a problem is going to cost me hunders of dollars in tradesmen fees - i know shes only doing this because she jilted that the rent was increased by a bucketload. At one point she asked me to apply a fresh coat of wood gloss over an old table of hers!? Thats when the coin droped - she trying to get as much out of us because shes angry.

Why is she angry? because i went back on my word, so fair call to her i guess. And yes - ive learnt a VERY vauable lesson - im never promising anything unless im %110 sure.

And yes - im investing to get wealthy - but i dont think i have that ruthlessness to stick to my guns. I confident that if she brought this case to the tribunal she would probebly loose as i have great faith that the door is fine - but i really dont have the heat for it. Maybe i have more to lean huh!?

@ Simon - Thanks for the word tips - they are great! ive been using the 'owner' as a 3rd party bad man, but the problem is i share the same last name as the owner, so the tennant has put 2 and 2 together & suddenly im related to 'the bad man' so i may as well be him.

I'll use that tactic with the door though - as i know the BC want it to match the rest.

 

[GoAnna!]

The issue is not that the tenant asked. The issue is that you said yes. And now having said yes it would be the honourable thing to be good to your work.

To blame this situation on the tenant or on residential property itself I think misses the point.

 

[simonjulie]

I agree entirely!

 

[MikeJosef]

I agree too guys and i have already organise for a locksmith to fix it.

Just a quick question, how many people here self manage? Can you recommend any good resources for begginers / some tips / pitfalls? (apart from this website)

Thanks for everyone's input - this is a really great forum!

 

[Bazza]

i know shes only doing this because she jilted that the rent was increased by a bucketload.

If you are going to increase the rent dramatically it is probably best to not renew the tenancy agreement and look for a new tenant. Especially these days with such a low vacancy rates.

The new tenant will be happy to pay the price as they have compared your property to others and see the value but the old tenant just sees the increase and no benefit to them. Funny thing is the old tenant will have to pay more elsewhere.

Cheers,

Bazza

 

[fokas]

...she signed a new agreement we mentioned we would replace the front door as it looks old and a bit flimsey - i looked into this & the cost was quite high so we changed our minds

Of course the tenant is angry! You went back on your word! How ridiculous and rude none the less.

 

[ianvestor]

I agree too guys and i have already organise for a locksmith to fix it.

Just a quick question, how many people here self manage? Can you recommend any good resources for begginers / some tips / pitfalls? (apart from this website)

Thanks for everyone's input - this is a really great forum!

MikeJosef, when you started to self-manage, was it a conscious decision, or did it just turn out that way?

It's difficult for me to imagine why any sane person would make that choice, but that's personal.

How many IP's do you want to own, and would you continue to self-manage if you had say 30 of them?

 

[MikeJosef]

If you are going to increase the rent dramatically it is probably best to not renew the tenancy agreement and look for a new tenant. Especially these days with such a low vacancy rates.

The new tenant will be happy to pay the price as they have compared your property to others and see the value but the old tenant just sees the increase and no benefit to them. Funny thing is the old tenant will have to pay more elsewhere.

Cheers,

Bazza

You are so right! at 1st she signed a 6 month lease because she said she cant afford the new price - 4 months later she contacted me asking for an extension. Shes obviously looked at whats out there & decided its still better.


@ fokas - I didnt mean to be rude or ridiculous - im new at this and she cornered me - the owner told me that she does want to eventually replace the oven / front door, so i passed this info on to the tennant.(1st mistake right?) When she was signing an extension - she asked again, i said i would look into replacing the oven (2nd mistake) - i looked at the oven & realised it only needed a good clean. I cleaned it myself, fixed the smoke problem, but because i said id buy her a new oven and instead fixed the old oven, she mad. From there shes nit picked on every scratch, every squeeky door handel etc.

I feel like now im in damage control - doing waaaay more than i should have to, just to defend my honour!? Defend my word? How far would you go for your tennants?

 

[MikeJosef]

MikeJosef, when you started to self-manage, was it a conscious decision, or did it just turn out that way?

It's difficult for me to imagine why any sane person would make that choice, but that's personal.

How many IP's do you want to own, and would you continue to self-manage if you had say 30 of them?

Hi Ian

Yes it was a conscious decision - im a uni student so i need all the extra cash i can get.

i manage 5 family properties, - 3 in Sydney, 2 interstate. Overall tennants have been wonderful, but this one is proving more dificult.

Would i continue if i got to 30? hell no, too many! (plus id hope to be rich enough to hire my own PM) BUT apart from this 1 drama (which really is nothing more than annoying), managing them all has been a breeeze.

The other PMs were doing a horrible job - bad communication, approving major repairs without consultation, over quoting etc. I offered the family my services and have saved them a lot of money, and its paying my way through uni - so really its the perfect job.

Ive been advertising in SMH, doing all the open houses etc . I think im doing ok, but this is my 1st tennent dispute & the 1st threat of tribunal. Apart from this tennant, i have great professional relationships with all my other tennants.

Next property - im booting the exisiting tennant out NO MATTER WHAT!- i had a feeling she wouldnt take too well to the rent increase - and she hasnt at all!

 

[wylie]

Whilst I agree that you should not have promised a new door, the thing is that you did. However....... if the door doesn't need replacing, then just do what you have to do to make it safe and stop the lock being "loose".

Just tell her that you initially thought the "door" was the problem but now realise it is the "lock" and that is being fixed. We all make mistakes, and if the door is okay, the door is okay....

She should be embarrassed about having such a filthy oven that you thought it needed to be replaced. I would be embarrassed .

If she keeps kicking up a stink, do what we have done in the past with tenants we would rather leave...... tell her you will release her from the lease with no penalty. If you feel confident you could rent it quickly, you would be better off letting her go, even losing a week's rent if you have to. I would certainly not renew her lease next time, unless she really quietens down.

Sounds like she knows she is on a good wicket though. So stick to your guns, fix the lock if it needs it, replace the door IF if needs it.

I have always self-managed, wouldn't have it any other way. Any time we have a problem, the RTA is a wealth of information (not sure about other states). I like to keep my finger on the pulse and decide what is or is not a reasonable request from a tenant, rather than leave it up to a property manager who has no financial interest in my property.

I grew up with my parents managing their IPs so learnt "at the knee" but would recommend finding out who runs the rental stuff where your IPs are and read as much as you can about tenants/landlords' rights, so that you have more knowledge.

 

[MikeJosef]

Whilst I agree that you should not have promised a new door, the thing is that you did. However....... if the door doesn't need replacing, then just do what you have to do to make it safe and stop the lock being "loose".

Just tell her that you initially thought the "door" was the problem but now realise it is the "lock" and that is being fixed. We all make mistakes, and if the door is okay, the door is okay....

She should be embarrassed about having such a filthy oven that you thought it needed to be replaced. I would be embarrassed .

If she keeps kicking up a stink, do what we have done in the past with tenants we would rather leave...... tell her you will release her from the lease with no penalty. If you feel confident you could rent it quickly, you would be better off letting her go, even losing a week's rent if you have to. I would certainly not renew her lease next time, unless she really quietens down.

Sounds like she knows she is on a good wicket though. So stick to your guns, fix the lock if it needs it, replace the door IF if needs it.

I have always self-managed, wouldn't have it any other way. Any time we have a problem, the RTA is a wealth of information (not sure about other states). I like to keep my finger on the pulse and decide what is or is not a reasonable request from a tenant, rather than leave it up to a property manager who has no financial interest in my property.

I grew up with my parents managing their IPs so learnt "at the knee" but would recommend finding out who runs the rental stuff where your IPs are and read as much as you can about tenants/landlords' rights, so that you have more knowledge.

Thank you so much Wylie - great advice.

just a quick question, whats RTA? im assuming its not the roads & traffic authority right ?

Nice tip about releasing her from her lease - i was actually thinking of doing that as i know for certain i can get $50 a week more than whats currently being charged. The appartment is in Rockdale & rent has gone through the roof there!

Also i agree about managing my own propertys - apart from this little hicup, i find it very easy - and for some reason i dont mind the idea of loosing my weekend to go paint a door, because i own that door (well the family owns it)

 

[wylie]

RTA is the Residential Tenancies Association. They have a great website, phone backup and forms able to be filled in and downloaded, so everything in one place, for Queensland.

Not sure what the others states have, but a quick google search should turn up what is available to assist you.

Good luck.

 

[MikeJosef]

Ahh yes found it - thx it looks like a handy site.

cheers for the post

 

[The Fence]

I have always self-managed, wouldn't have it any other way. Any time we have a problem, the RTA is a wealth of information (not sure about other states). I like to keep my finger on the pulse and decide what is or is not a reasonable request from a tenant, rather than leave it up to a property manager who has no financial interest in my property.

I grew up with my parents managing their IPs so learnt "at the knee" but would recommend finding out who runs the rental stuff where your IPs are and read as much as you can about tenants/landlords' rights, so that you have more knowledge.

We have managed two IP's from the start...but the third one, after a deteriorating and woefull PM, it was time to go all out and manage the lot ourselves....we kept this one PM on one IP for some reason that is now a loss to me....

It's been a year now...all tenants picked by us managed by us and rent rises etc...more importantly...promises delivered...that was your problem and now you know.......

So, get on with learning about the various rights of both parties and conduct the business like a business....respect your tenants and they "should" respect you...if not then they have done wrong....just cover your butt....know the rules....

She is dirty on the rent increase and playing you for all she can get....tell her she can take it or leave it.....but fix the door ASAP and apologise for not doing it earlier as you promised. Swallow hard and move onwards and upwards...you'll be right...you are having a go, good on you!

 

[The Judge]

I notice someone else mentioned the body corporate. Please consider that I believe you will be required to get their approval to replace the front door, we are faced with a similar issue at one of our apartments at the moment.

 

[Chatto]

I agree you should fix the door so that it is workable and doesnt annoy the tennant or their neighbours however I would also say, dont be intimidated by your tenants otherwise your going to be spending every spare bit of time going around to do errands on your property.
If they are valid things that need fixing fair enough.
Also make sure you do your paperwork in the start of the tenancy and square everything away with the conditions report (I have been called anal but prefer fastidious), and when the lease is about a month to ending inspect the property to make sure they are looking after it for you otherwise there is probably someone else who will!