Interesting Landlord/Tenant Question...

CobraMac

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A short background to understand my question...

So my wife and I just bought our first house recently...we close escrow on March 28th. We have been renting a condo and our lease is up in July...the (previous) owners of the house we just purchased bought a house that was being built and wouldn't be done until June 28th. So in escrow we agreed on a 2-month rent back so as we don't pay a mortgage and a lease, and they didn't have to find a place to live until their place was built. Per CA, they could not rent back more than 2 months or the home would count as being purchased as an income property.

A few annoyances...they received mail with our names on it (pertinent stuff...mortgage documents from broker, new mortgage instructions from company that purchased the mortgage from broker, HOAs etc). (During escrow it was noted that all these documents were to be mailed to the current condo we are leasing and still living in). We never once heard a word from them about receiving any of ourmail...we were about to make our first payment and received a phone call from our new mortgage company days before we were about to send our check out to the broker. Along with this we agreed THEY would notify us 30 days before June 1st if they wanted to rent back from us for the month of June as a new 1-month lease would need to be arranged. On May 10th I finally decided to pick up the phone and ask about all of this...To which they expressed their wishes in wanting to rent back from us again and then mentioned, "Oh btw, I was going to call our agent to let you know that we've gotten some of your mail....". Yes small annoyances...but a BIG finance issue could have come about from this too.

Moving on...we are living in the condo still, they are living in our home...the washer/dryer that was in the home was included in the purchase of the property. They are "signing the new lease" by Monday for the month of June and will have a check for us then too. Well 3 days ago I receive a call from the husband letting me know the washing machine just broke...and also basically asking us if we are going to fix it or buy a new one because he had his handyman come out and look at it and said it would cost too much money to fix to be worthwhile.

So...yes I understand that fact that I am the landlord and they are the tenant and we are responsible for repairs to such items (my father is a real estate attorney and went over all paperwork as well). The husband also told me that we should have been told during escrow that the washer was 12 years old...but I never was informed of this. I know it's as easy as telling them we will not be fixing or replacing the washer and if they want to continue to rent from us next month that can, or I can cancel the new lease as it hasn't been signed by either parties....but I still am wondering about this conundrum. I would like them to pay for next month's mortgage...but it won't hurt us at all if they were to move out. I don't want to purchase a brand new washer/dryer if I'm not going to use it until we move in and they will use it for a month beforehand. But...HERE is my question that even slightly perplexed my father... We did not purchase the washing machine in the first place nor asked for it to be included in the sale of the house...so WHY should I HAVE to pay to fix or replace an appliance that I never purchased or owned in the first place?? Also, what would you all do in this situation?

Thanks for the help and long read guys!
 

CobraMac

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One more addition...I received a text from him today stated, "I got 5 people in this house and I need a washing machine as soon as possible."

That kinda pissed me off
 

derklug

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As long as their lease agreement doesn't specify on site washer and dryer, you are not responsible to fix the washer. Be nice, take them a bucket and washboard.
 

MovingZen

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Dude sounds like an ass, can you not re-up the lease for June? You're doing them a favor and he wants you to pay for the washer? Damn that, If I could legally tell them to get the **** out I would.
 

SweetSVT99

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People never cease to amaze. If I were in his shoes, with you having bought my stuff, I'm still using it and it broke, I would feel terrible and probably replace it (or at least fix it) FOR you.

Our of curiosity, did you get any sort of security/damage deposit, or does the lease have a section talking about what they are responsible for in the event of damage to the house? Being that this guy is clearly a douche to begin with, I would be worried about what kind of damage they are going to do to the place if you don't replace the washer.

I would definitely have your own "handy man" go look at it rather than take his guy's word for it. Since the washer and dryer were not included in your original purchase agreement, something tells me this dude isn't above taking your shiny new washer with him when he moves out.
 

11GT50

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I would tell him to take his stinky clothes and GTFO.

Of course, he's still living in the OP's new to him house. Do you really want to piss him off?

People never cease to amaze. If I were in his shoes, with you having bought my stuff, I'm still using it and it broke, I would feel terrible and probably replace it (or at least fix it) FOR you.

It's no different than any other landlord-tenant arrangement. If something breaks, it's the responsibility of the landlord to have it fixed or replaced.
 

oldmodman

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Go to Costco and buy a cheapo washer. Have it delivered and never look back.

Just keep you fingers crossed that nothing else breaks for Mr. Asshole to gripe about.

You should also place a fraud warning on all your credit accounts with all three services. Those mortgage documents probably have all you ID info and SS# on them. Asshole on something small could = asshole or thief on something huge.
 

ford fanatic

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Of course, he's still living in the OP's new to him house. Do you really want to piss him off?

It's no different than any other landlord-tenant arrangement. If something breaks, it's the responsibility of the landlord to have it fixed or replaced.
Pissed off or not, i'm not going to let a tenant demand anything.

That's not always true, under my rental agreement my renter is responsible for the first $200 of any repair/replacement.
 
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65fastback2+2

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Only appliances that are considered built-in are apart of the house...dishwasher, built in microwave and oven/range. A fridge, washer and dryer are not considered part of the home package unless in the offer documents "all appliances included which include" and it will specifically list them.

Furthermore, any appliance not considered part of the home (as stated above) and not explicitly in the lease are the tenants problem.
 

me32

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Tell them to pay to fix the washer or they can go to the laundromat. I would actually kick them the **** out really.
 

RDJ

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As a landlord there is no way I would be letting them stay and extra month if I could afford to make both my rent payment and that mortgage payment. I would be telling the guy that they need to be out and give them a date.

if you are unwilling to do that then tell them they are on their own for a washer. or do like what was suggested and buy the cheapest washer you can and have it installed. then buy your nice stuff after they move.

the risk you run is they will mess stuff up before they leave and you will wind up having to sue them for damages. I NEVER rent back property that I buy.
 

CobRoush-00

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Every state has different laws. Your dad is a Real Estate attorney. He should be the first person to advise you. However, you should go back to your lease agreement that both of you signed on, and overseen by both attorneys to make sure laundry service was included. If the washer and dryer were in working order when you purchased the house, (it doesn't matter they were 12 years old), and they rented the house as is from you (now the landlord); therefore you need to make sure they have a washing machine (in working order as they sold it to you) at their disposal while they are still your tenants. If the washer was gift from them because of its age or condition, you might not have have to replace it.
So my advice to you, get a cheap washer from anywhere (even Craigslist) and replace the one they have to simplify your life. Anyway, good luck and hopefully they will be out of your hair by next month.
 

CobraMac

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So I figured out the way I'm going to go...

RDJ I should have taken the route you said you usually go and never rented back...and even though I can afford to make both my rent and mortgage it's hard to turn down $2k. They keep the place in very nice condition so I am going to rent it back to them for one more month so they don't leave pissed off and break stuff, making me go through the hassle of suing them.

So along with this I RENTED an old all in one washer/dryer stacked unit for $35 for the month and it will go in later this week. Shuts him up, makes it so they don't trash the place, and also allows me to put in some REALLY nice units brand new when we move in next month!

Thanks for all the advice everyone...after reviewing my lease and speaking with my father in depth it is "my responsibility" to provide them with a working washer/dryer since it was included in the house when they originally rented it back from us.
 

SCALECRAFT

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Hi
With all due respect.

First, your father in law is an attorney I would never use if you have this problem for rental housing issues already, and he looked at the lease...... WOW!??

Forget the mail issue. It is just fodder and fluff. Keep it simple and paperwork. Unless fraud gets involved or you take credit/penalty damages.

I own property in the owner unpleasant City of Los Angeles and rentals in the county of Los Angeles since 1986, and have been around rentals since 1972. I am also a Federally Trained Mediator for landlord tenant disputes. I have learned how to deal with this poor system.



Why would anyone make a 30 day lease?? This is ridiculous. Harder to evict for reasons unless a 3 day notice to terminate for non payment.

Have machine fixed then add it to the rent. You rented the house back to them working ,right. Or do as I do, remove them and lower the rent $10.00. Or don't remove them. Just say "we're not going to use them, you can have them back". Have your father/law get his kid a nice house warming gift, a washer. No?

Don't buy new machine for strangers. They may go missing, damage, ..... Then what, more BS. They dumped them cause they knew the life expectancy already.

Next, I would collect the rent and give (serve) them a 30 DAY NOTICE TO VACATE right after. Not a 30 day lease. There giving 30 days of rent each time right?? This way you are poised to file the UD complaint after the 30th day and not have to lose more time. Have your father in law cover you for the few months if you need help. That's what family is for. Or evict for free. Right.

That way each month I am ready to begin removal of this type of ungrateful people.

This may be the tip of the iceberg. New houses are never done on time.

99% of the lawyers I know, know one thing for sure, how to billing the client. Everything else is an uncertainty.

Real estate agents. Don't rely on those.

WOW

Good luck
 
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CobRoush-00

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So I figured out the way I'm going to go...

RDJ I should have taken the route you said you usually go and never rented back...and even though I can afford to make both my rent and mortgage it's hard to turn down $2k. They keep the place in very nice condition so I am going to rent it back to them for one more month so they don't leave pissed off and break stuff, making me go through the hassle of suing them.

So along with this I RENTED an old all in one washer/dryer stacked unit for $35 for the month and it will go in later this week. Shuts him up, makes it so they don't trash the place, and also allows me to put in some REALLY nice units brand new when we move in next month!

Thanks for all the advice everyone...after reviewing my lease and speaking with my father in depth it is "my responsibility" to provide them with a working washer/dryer since it was included in the house when they originally rented it back from us.

Great decision! Good luck.
 

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