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26125. iiibbb - 8/7/2010 1:42:51 AM



The first take... better the first time I guess.

26126. iiibbb - 8/7/2010 3:15:51 AM

Since we didn't sell the house last year we had tenants since September and our real estate agent was our property manager.

The house went back on the market this past April. Our buyer noticed soot had collected on paint in the living room. Upon investigation we found out the ventless fireplace wasn't working properly. The soot was bad enough that cleaning didn't work, and noticeable enough that repainting was added as a contingency in the sales contract.


Something that colors my attitude is that it was written in the lease that they would keep the house in showing condition when we put it back on the market toward the end of their lease. We also had a verbal agreement to have an open house at some point in the spring. When we tried to schedule the open house the ultimately balked citing the lease only required them to show the property, not have an open house.

Since they invoked the lease regarding the open house, I feel compelled to invoke the lease with regards to damage. The lease just says that any damage beyond normal wear and tear is their responsibility. We got the room painted for a fairly reasonable $390, which is only 1/5 of the deposit. I ride the fence on this because it was our equipment, but I feel justified charging them as well because we shouldn't have been notified of this right before an offer, but it seems somewhat subjective.

As I see it, since it was so noticeable they had a responsibility to notify us about the soot last winter when they used the fireplace so much, rather than leave it to now. Same as if the dishwasher leaked or some other appliance wasn't working and damaging the structure.

Opinions?

26127. Wombat - 8/8/2010 3:30:39 AM

iiibbb,

Great kid! Your tenants are responsible for informing you about problems in a timely manner. Deduct it from the deposit w/o guilt.

Arky,

Great wedding pix!

Sorry to kind of dive bomb in here after so long. I've been working very hard, and have been preparing to deploy to the Middle East for a six-month tour; I'll be flying out very early Monday.

26128. arkymalarky - 8/8/2010 3:57:32 AM

WOMBAT!!! Great to see you! Please take care!

26129. Ms. No - 8/8/2010 5:59:28 AM

Wombat! Hi-dee-hi and bye-dee-bye, best to you and yours! Don't be such a stranger!

26130. wabbit - 8/8/2010 2:20:36 PM

Hey Wombat!! Take care, please keep up posted when you can.


iiibbb, my two cents would be to split the expense with the tenants. You could shove it down their throats and be within the terms of your lease, from what you've written, but I think you'd feel bad about that. You'll also have a sour taste in your mouth if you do nothing, especially since they could have bent a little bit on their part. A 50/50 split seem reasonable to me. ymmv.

26131. iiibbb - 8/8/2010 7:00:52 PM

I will only have a bad taste in my mouth if they fight it. The lease became my lens when they didn't let us do an open house.

It's not like we haven't made accommodations. For instance we didn't charge a pet fee for their dog. We allowed a refundable pet deposit, which they're getting back in its entirety. I can't think of many property managements and landlords that didn't charge something for a pet.

26132. iiibbb - 8/12/2010 3:10:44 AM

Have you ever had one of those months where expenses come from every which way your bills seem to get away from you.

We just had one of those months, and we don't have a buffer anymore (except the proceeds from the house sale) which weren't much.

26133. arkymalarky - 8/12/2010 3:24:56 AM

Just got thru my daughter's wedding (see pics above), so in a word:
YES!

26134. iiibbb - 8/12/2010 12:27:15 PM

I'm stressed out because I thought I had a part-time job nailed down... but it got caught up in some red tape and I'm in limbo.

I also can't get my contact on the phone.

I'm certain he would call me if there were a problem, but I was counting on this to float us to the end of the year.

I used to spend far less time in Limbo. Why I've had so much time here I don't know. I'd have thought my karma was better than this.

26135. judithathome - 8/14/2010 6:35:23 PM

This time last weekend, we were on the Arkys' front porch, enjoying a freak rain shower and cooler temperatures.

Had a super time and returned to find my phone was out and my DSL only working sporadically...called last Monday to report it and they scheduled me for repair on FRIDAY....it's fixed now but my god...a 5 day wait for repair? It was 8 1/2 days.

26136. judithathome - 8/14/2010 6:36:11 PM

It was OUT for 8 1/2 days....

26137. arkymalarky - 8/14/2010 7:09:20 PM

Dang!

26138. judithathome - 8/14/2010 10:49:18 PM

Hey...Friday the 13th was a lucky one for me: I found the perfect thing to wear for the newlywed's party on the 28th!

I woke up thinking of the top and went to my favorite shop and told then what I wanted and bingo! they had it...on sale plus I had a $20 off coupon, to boot!

26139. arkymalarky - 8/15/2010 12:46:51 AM

Sounds like what I did with the wedding outfit. I love it when that happens!

26140. thoughtful - 8/22/2010 9:15:59 PM

Lovely wedding! Congrats to bride and groom and rest of family! Really pretty.

26141. arkymalarky - 8/22/2010 10:26:47 PM

Thank you! We're all just really happy.

On another subject, I love what yiou said in the other thread about your home being cozy. That's my favorite quality in a homevvlooking at every part and thinking, "ii'd love to spend time there."

26142. arkymalarky - 8/22/2010 10:28:35 PM

In life anything can happen, as we all know, but Bob and I haven't had a single reservation about Mose's marriage.

26143. thoughtful - 8/23/2010 1:52:36 PM

that's wonderful...it's so great when a new member of the family fits in well...it's so awful when they don't. I never liked my 1st SIL from the first time I met her and there were many family occasions that lacked the warmth and spontaneity that come when an easy bond is shared...instead it's filled with an attempt to maintain comity for the sake of one and all.

I guess now that I have no family, I won't have to worry about it...

26144. uzmakk - 9/15/2010 2:19:22 PM

Thoughtful, you prideful bitch. Besides the oh so appealing architectural layout of you new house, there is detail, detail everywhere. Very impressive.

Arky, congrats on the wedding and on the fact that you don't have a single reservation. I should, in a chronological sense only, have to start thinking about such things myself. Its been nice having coffee with youse; I look forward to cocktails occasionally. I think I'm going to be parking here for a while.

Forgive the strong beginning, but it is in the style of steppelords everywhere and, now that I look at it, pseudoerasmus in particlar.



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