Landlording Advice - Terminating or Restricting Services

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Landlording Problems - Terminating or Restricting Services

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- Lease Amendment
Q: Hi,

I have a problem with my tenant. Initially they signed up for a 1 year lease agreement for $875.00/mo without laundry. After a week we decided to decrease the rent to $850.00/mo and then add laundry for $25.00/mo extra. We told the tenants to keep their laundry to a 4 load maximum. They now do eight loads of laundry in one day a week. Note: that anything regarding the laundry has never been documented "just a verbal agreement". Now as a lanlord can I revoke their laundry previliges at anytime?
and if I cant, can I replace the laundry machines with coin laundry due to the excessive laundry habbits? What would be the lease hassel free way of doing this?

Thanks
A: Let me see; you agreed on $875 without laundry. Then you dropped it to $850, plus $25 for laundry. The tenants are obviously paying the rent, doing their laundry, and they think it is all part and parcel of their agreement. Now you want to change the rules again, and limit the amount of laundry the tenants can do even though you've demonstratedly accepted this and permitted it. If you can't figure a way around it you're maybe thinking about installing coin operated machines. Bad news mandozaia. Changing the agreement at this stage won't wash, if you forgive the pun, because the Act says that a tenancy agreement can only be amended with written consent of the parties and I doubt that the tenants will go for a new limit on their laundry or that they'd greet coin operated machines with any enthusiasm.

Here's how it would play out: If you now try to deny the tenants a service or facility you open yourself up to a valid claim in damages for loss of use of a service or facility, which would mean that an Arbitrator could allow the tenants to knock some money off the rent in compensation. If you try installing coin operated machines you open yourself up to a claim for a hidden rent increase, which the tenants would probably win too.

So, practically, you're hooped. You shoulda' aired the laundry details out in original tenancy agreement, and held to it. Trying to argue now against what you've clearly been permitting isn't likely to fall your way if it ever went to arbitration.

My advice is to negotiate with your tenants. Stay on good terms as much as possible with all people. If it means you'll have to shoulder the financial burden of few extra loads of laundry once a week, well, as they say, maybe that's why God gave us all such big shoulders.


 
 

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