QUOTE (kanabel @ Feb 8 2009, 10:42 AM) Hello everyone!
I have a tenant who during the ice storm, in NB, few weeks ago fell in front of my property, dropped her cell phone and now claims that phone broke and wants $300 for replacement. She threatens through my PM to sue unless her phone is paid for. At the same time she didn`t pay her rent yet, and she was late in couple of past instances. She confirmed she didn`t get hurt, just wanted money for cell phone. I think she doesn`t have strong case. What is your opinion in this case, and should I reimburse her, or just offer partial deduction from rent?
Thank you for your opinion.
Dejan
First, I´m making an assumption that the snow removal has been in place and of course there´s a limit to what one can do with regards to an ice storm. Also if this is ordinarily a great tenant then forget the below suggestion and just go and talk to her keeping in mind that she may want something as simple as someone to acknowledge her misfortune and perhaps if you show just the right amount of compassion with the right amount of negotiating you can get the months rent and perhaps if an assurance from her that the rent won´t be late again you´ll entertain the idea of putting something toward the phone - only as a gesture of good faith not as an admittance of negligence, (because you have taken all necessary steps to ensure your tenants safety), and you´ll see to it that every possible step will be taken to make things safer on this property, which of course you are already doing.
OR
Your tenant has served up an opportunity to never have late rent again! Let me explain; You contact her yourself and say that provided she is on time with the rent every month then you´ll have no problem sending her a check that credits her LAST month of rent up to the cost of the phone to be sent to her with the security deposit upon vacating the premises. This way when ever she is late with the rent you can asses a fee against that $300 and add what´s left of it to the damage deposit that you send to her. You could even say that you were already planning to start crediting your tenants that pay on time with a similar credit but it is intended for those who pay on time every month but in this case you´ll make an exception and treat her to the same. So, if she is late with rent you go through thee same steps as usual but you keep a personal record of the late rent and assess her a $100 fee or so.
Just my opinion but your course of action depends on your tenant and how you read the situation. I would favour the first suggestion.
