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How far should I bend?

PaulPoulsen

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I had a couple that were long-term tenants (3+ years). Rent was always on time, very friendly, just generally good people that I was happy to have as tenants.

They started renting a 1 bedroom unit from us and later decided they`d like something bigger. We had a 2 bedroom suite come available about a year ago so we moved them into the larger unit. 12 months prior, this larger unit had been completely reno`d. New paint, countertops, flooring, etc.

At the end of July, the tenants call me to say they`re giving their notice and are moving to a new apartment. I put the suite up for rent and start getting interest right away. After my wife performed the first viewing, she came home and told me that there was a problem with the flooring. When I performed the next viewing, I could see what she was talking about. The 3-year old laminate in the unit had obviously been washed frequently with a wet mop and a large portion of the floor was not only damaged, but destroyed. While the rest of the suite wasn`t impeccably clean, they hadn`t caused major damage anywhere else in the suite.

There`s still a very good relationship with the tenants. They say that they damaged the floor and they understand they`re responsible to pay for repairs and they signed the move-out report and a statement to that effect. They move out, we hold on to the security deposit, and we have the floors repaired. In the end, the laminate in the suite had been discontinued so the entire floor had to be replaced. The final bill was many times the security deposit.

My wife puts an invoice together and forwards it to the former tenants at their new address. They called tonight to say they`re happy to pay the bill but need to do it in 12 equal payments. After some difficult negotiations, my wife worked that down to ten months.

Here`s my dilemma: Do we work with these tenants and allow them to make equal payments? Or do we demand payment in 30 days as per the invoice and then go the court/collections/lawyers/ugly/painful route should they fail to pay? My concern is that they`ll make the payments for a few months and then, for whatever reason, they`ll decide that they don`t have to pay the debt in full and we`ll ultimately end up going the less desirable route anyway. My wife makes the argument that we still have a cordial relationship with the tenants and that we have no reason to doubt they`ll pay what they owe us. If it does come off the rails, we`ll take the appropriate steps at that time.

I`d love to hear your thoughts and opinions. Have you ever faced a similar situation? These tenants have always been very good. Am I overreacting and should I just be happy that we`re still civil with each other and work with them to ensure they pay off the debt over time?

Thanks in advance for the insight.
 

Thomas Beyer

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QUOTE (PaulPoulsen @ Sep 14 2010, 08:47 PM) .. After some difficult negotiations, my wife worked that down to ten months.
..
take 10 post-dated cheques .. and pray they won`t bounce
 

PaulPoulsen

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QUOTE (ThomasBeyer @ Sep 14 2010, 10:00 PM) take 10 post-dated cheques .. and pray they won`t bounce

Thanks Thomas.

Do you have a specific prayer you can recommend?
 

moparcanuck

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QUOTE (PaulPoulsen @ Sep 14 2010, 09:47 PM) I had a couple that were long-term tenants (3+ years). Rent was always on time, very friendly, just generally good people that I was happy to have as tenants.

They started renting a 1 bedroom unit from us and later decided they`d like something bigger. We had a 2 bedroom suite come available about a year ago so we moved them into the larger unit. 12 months prior, this larger unit had been completely reno`d. New paint, countertops, flooring, etc.

At the end of July, the tenants call me to say they`re giving their notice and are moving to a new apartment. I put the suite up for rent and start getting interest right away. After my wife performed the first viewing, she came home and told me that there was a problem with the flooring. When I performed the next viewing, I could see what she was talking about. The 3-year old laminate in the unit had obviously been washed frequently with a wet mop and a large portion of the floor was not only damaged, but destroyed. While the rest of the suite wasn`t impeccably clean, they hadn`t caused major damage anywhere else in the suite.

There`s still a very good relationship with the tenants. They say that they damaged the floor and they understand they`re responsible to pay for repairs and they signed the move-out report and a statement to that effect. They move out, we hold on to the security deposit, and we have the floors repaired. In the end, the laminate in the suite had been discontinued so the entire floor had to be replaced. The final bill was many times the security deposit.

My wife puts an invoice together and forwards it to the former tenants at their new address. They called tonight to say they`re happy to pay the bill but need to do it in 12 equal payments. After some difficult negotiations, my wife worked that down to ten months.

Here`s my dilemma: Do we work with these tenants and allow them to make equal payments? Or do we demand payment in 30 days as per the invoice and then go the court/collections/lawyers/ugly/painful route should they fail to pay? My concern is that they`ll make the payments for a few months and then, for whatever reason, they`ll decide that they don`t have to pay the debt in full and we`ll ultimately end up going the less desirable route anyway. My wife makes the argument that we still have a cordial relationship with the tenants and that we have no reason to doubt they`ll pay what they owe us. If it does come off the rails, we`ll take the appropriate steps at that time.

I`d love to hear your thoughts and opinions. Have you ever faced a similar situation? These tenants have always been very good. Am I overreacting and should I just be happy that we`re still civil with each other and work with them to ensure they pay off the debt over time?

Thanks in advance for the insight.

If they`re willing to admit and pay for the damages, I`d be inclined to accept the post dated cheques. A tenant who`s willing to pay for damages above and beyond their deposit is rare, and getting `in their face` about immediate payment may just drive them away. Then you`ve got the hassle of going to court, tracking them down, probably trying to garnishee, etc. Post dated cheques is way way easier.
 

fumbrunner

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You should make it official by making a mediated agreement at your RTB, just in case the cheques do bounce. You will at least have some recourse at that point.
 

ChrisDavies

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QUOTE (PaulPoulsen @ Sep 14 2010, 11:01 PM) Thanks Thomas.

Do you have a specific prayer you can recommend?


See Matthew 6:9-21, with particular attention to line 12


I`m sure Thomas would agree.
 

Mitch Collins

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Hi Paul;

I think you`ve gotten lucky - I`ve had several instances where this has occured and the tenants don`t agree to replace the whole floor because a small portion was destroyed. It`s happened to me where they said it`s not their fault the flooring was discontinued, etc, etc.

So if they agree to pay for that and you think they actually will - I think you`ve already won. Going through arbitration (at least in my eyes) is probably a waste of time and they likely wouldn`t be required to pay for the entire job.

I`m getting pretty bitter about the tenancy board..I had tenants a couple months ago move out owing 2 months rent, and I applied for arbitration and the quickest hearing I could get was 6 months down the road..tenants were long gone and I will never recover my $3,500 or so.

These days I usually just eat the loss and carry on because the `system` is simply a waste of time and a lesson in frustration!

Thought I`d bring a little happiness to the conversation


Good luck Paul - sounds like you`ll likely get paid.
 

RebeccaBryan

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Yes, definitely take the money over 10 months. If you took them to court, the judge may order that exact thing anyway so you wouldn`t be any farther ahead. The fact that they agreed to pay without a fight is a plus. That doesn`t happen often.
 

Berubeland

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If you take the 10 post dated checks and they bounce, you have a better case in court, because you will be asking for money they defaulted on rather than having to prove the amount or whether they have to pay. By providing they checks, they have already admitted a) that they owe the money and b) the amount they owe.
 

RebeccaBryan

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QUOTE (Berubeland @ Sep 20 2010, 06:57 AM) If you take the 10 post dated checks and they bounce, you have a better case in court, because you will be asking for money they defaulted on rather than having to prove the amount or whether they have to pay. By providing they checks, they have already admitted a) that they owe the money and b) the amount they owe.


Very good point.
 

MKBridge

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And although it might not be the easiest thing because of storage - the best thing to do is keep a couple extra boxes of the laminate in case it happens again.
Kathi
 

MikeMcCrae

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Even the courts can`t help you get blood out of a stone. Get what you can and keep fingers crossed.
 
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