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Posts: 2
Reply with quote  #1 
If anyone has knowledge or experience in my area, please weigh-in.  I am a first time  landlord, so I admit that I have made some mistakes, so please do no beat me up too much.   My tenant has filed a complaint against me for failure to repair and said he would have never have rented if I hadn't misled him about the repairs/renovations. He's asking for half rent refunded for 3 months.  I don't think he should get a rent refund because he continued to live there for the entire lease in that condition.

I am considering using the defense the he signed the lease knowing the condition and did not list any defects on the lease.  But I am wondering how much weight may be given to that fact, since he also has text messages after he moved in of me promising to fix the stuff.   Would it be wise for me to bring that argument or will it just piss off the judge?  

As for the repairs/renovations, I was in middle of repairs/renovations rented the property early to get money to finish everything, so I only rented the property for 6 months.  The tenant and I agreed hat I would have certain things done before he moved in and other things done within 60 days of him moving in.   Things did not work out as planned and I wasn't able to take care of any of the issues in the time frames agreed.  It really was not my intention for things to turn out this way, but I cannot afford to return any of the rent.  

His lease was up last week, so he's already moved out. 


Posts: 202
Reply with quote  #2 
I've never had to go to court for an eviction but I believe If you made promises you didn't keep then it's likely on you. 

What types of repairs are you talking about?  Cosmetic or habitability-type repairs?  What did you advertise in your listing?  If you advertised something that wasn't working, that's a big no-no.  These things will play a role in the judge's decision along with what you promised your tenant.

I would try to work something out before it goes to court.  He's looking for a quarter of the rent paid to be refunded.  Try to get him down to 10% or 15% and be thankful you don't go to court.  If you are in a tenant-friendly state and the judge sees you misled your tenant, you could end up with much worse than the tenant is suing you for.

AccidentalRental - A profitable resource for new landlords


Posts: 544
Reply with quote  #3 
Where is he getting his amount from? 

What exact repairs were promised? Was that in writing, included in the lease, or what? What wasn't done? Did he leave after 6 months or after the three he has in his calculations?

If it was habitable, he will have a harder time getting anything, but without knowing the answers to all these questions, we can't really help you very much. 
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