Tenant (BP private house) says hes not paying rent

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amother

Tue, Jul 02 2019, 3:48 pm

Tenant in private house in heart of BP says hes not paying rent because the apartment is too hot. We just paid $500+ to repair the central a/c,but upstairs apartment has always been the hottest, because sun beats down. This is nothing new. My relative lived there for years.

The lease expired long ago and was never renewed.

He has 5 lively children and is paying $2450 for a 3 bedroom 2 bathroom apartment with 2 porches in heart of BP.

Hes also yelling like a maniac.

WWYD?

ra_mom

Tue, Jul 02 2019, 3:52 pm

Call an attorney and check to make sure but I believe you are not required to provide A/C. And ask for the best way to proceed because you don't just want to be right, you want to avoid bigger problems that your tenant can cause you.
I'm sorry for your aggravation.

precious

Tue, Jul 02 2019, 3:52 pm

Can you give him a few window units? Install ceiling fans? It'll cost you less than a months rent...

momsrus

Tue, Jul 02 2019, 4:13 pm

Why are you responsible for ac?

rydys

Tue, Jul 02 2019, 5:04 pm

As far as I know, a landlord is required to provide heat but not air conditioning. If he is hot, he can buy window units.

However, I would be in touch with an attorney. It is easier to evict a tenant who has broken a lease than a tenant who is at will. It sounds like you should find a way to get him out.

amother

Tue, Jul 02 2019, 7:43 pm

rydys wrote:

He fails to understand that he’s paying rent way below the market value with 5 kids. He has no lease. He’s very threatening.

amother

Slateblue

Tue, Jul 02 2019, 7:45 pm

amother [ OP ] wrote:

He fails to understand that he’s paying rent way below the market value with 5 kids. He has no lease. He’s very threatening.

Why did you keep him post lease if he's paying below market value and is unpleasant to boot?

simba

Tue, Jul 02 2019, 7:46 pm

PM me for contact info of a good eviction lawyer. He will get one notice and be quite.

sequoia

Tue, Jul 02 2019, 7:51 pm

Can’t he buy window units?

I always assumed AC was my responsibility as a tenant.

mirror

Tue, Jul 02 2019, 8:17 pm

He is screaming like a maniac just to have an excuse not to pay rent. You are legally only obligated to pay for heat. Evict him. Let him find another apartment where he can invent a new excuse not to pay rent. Some people do this for a living. Wink

Last edited by mirror on Tue, Jul 02 2019, 8:46 pm; edited 1 time in total

sequoia

Tue, Jul 02 2019, 8:19 pm

mirror wrote:

He is screaming like a maniac just to have an excuse not to pay rent. You are legally only obligated to pay for heat.

Also water.

notshanarishona

Tue, Jul 02 2019, 8:26 pm

I would ask a lawyer but give him required notice to pay rent or leave.
You can't blame him if he is paying under market value, that was your choice not to raise the rent but if he is unpleasant and not paying I would send him packing.
Although you are not required to put in units , you can probably charge more if the apartment is comfortable temperature. I personally wouldn't consider renting an apartment that was always hot and would be very frustrated to pay electricity for central and find it not sufficient.

Learning

Tue, Jul 02 2019, 8:29 pm

Is he frum? I think he just doesn’t want to pay rent and trying to intimidate you with his screaming.

amother

Ivory

Tue, Jul 02 2019, 8:33 pm

I would personally go together with him to a Rav before threatening or proceed to evicting a frum family with children.

amother

White

Tue, Jul 02 2019, 8:40 pm

Once you get that tenant out, consider foaming below the roof and the walls. Then raise the rent to market rates.

amother

Tue, Jul 02 2019, 10:12 pm

mirror wrote:

I agree.

So far he has paid rent, but always saying he has no money. This time he clearly said he doesnt owe us rent and will not pay, because the apartment is hot.

Going forward, Im considering insisting on dealing either with his parents or her parents (both comfortable) monthly, to pay the rent and all dealings. One set of parents has to take responsibility for rent, or I have the right to use his floor for myself. His temper isnt worth it.

Learning wrote:

Is he frum? I think he just doesn’t want to pay rent and trying to intimidate you with his screaming.

This Tzatzke is a Rebbi afaik.

amother

Indigo

Tue, Jul 02 2019, 10:17 pm

amother [ OP ] wrote:

This Tzatzke is a Rebbi afaik.

I'd ask a lawyer how to proceed because there's no lease you said.

And I agree with above poster.. kick him out, get the heat problem fixed and raise the rent.

amother

Plum

Tue, Jul 02 2019, 11:19 pm

When we rented our house a rabbi told ask to be carful some frum families just stop paying the rent.

yerushamama

Wed, Jul 03 2019, 1:05 am

Going forward, Im considering insisting on dealing either with his parents or her parents (both comfortable) monthly, to pay the rent and all dealings. One set of parents has to take responsibility for rent, or I have the right to use his floor for myself. His temper isnt worth it.

Why involve the parents? He is an adult with kids of his own! Even if your original dealings were with the parents, at this point it is his responsibility!

Talk to a lawyer about how you can start eviction proceedings, but check first with your Rav. Taking him to Beis Din might work out better, depending on the situation.

Another thought, does his wife know that he is refusing to pay? Try speaking to her - I am sure that she won't want to risk eviction.

imasinger

Wed, Jul 03 2019, 1:59 am

In your shoes, I would send one written note before involving a lawyer. It would state clearly that legally a/c is a tenant responsibility. It would also say that rent was due last Monday, and that a new lease is being prepared by a lawyer, who is also preparing an eviction notice. Which document is forthcoming is up to Tenant; if the rent arrives by ____ then it will be the lease.

OP, if tenant wants to involve either set of parents, that's his call. Yours is to be the landlord. And if the new lease is for a rent closer to market value, that might be wise. Especially if this game family is easily replaceable with a less troublesome tenant.

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