Landlord Question and Answer Forum

My tenants have signed a lease agreement that states " Tenant stipulates, represents and warrants that tenant has visually examined the premises and that they are at the time of this lease in good order, repair, and in a safe, clean and tenantable condition . That by signing this document, you have taken the property as-is unless further noted in the additional information section in this lease. Furthermore the following statement shall be consider true and factual: all drains, waste pipes, and plumbing are accepted as clear by the tenant at the time of occupancy and any material blocking them after occupancy shall be repaired by the tenant except blockages cause by roots or backups from the street". So, my first question is that should my tenants pay for all the repairs such as hot water valve repair or any home warranty service fees upon requests. Second question is that when should we consider to charge the late fee to the tenants. I looked the old posts, rent should be paid on the first day of the month without grace period back to 2012 and after 5 days to have written notice to evict the tenants. Does this rule still stand? Thank you for all your help.

1. Water valve – if due to worn parts – NO…….2. warranty– if due to worn parts – NO. However, if failure was due to tenant damaging, Yes……. 3. Consider - Late Fee due if not paid on the 1st. In addition to the late, a fee of $5/day (example) beginning on the 3rd day until rent is received… .Always check state/local tenant laws.

Posted by Stan M, CA on Wednesday, August 2, 2017

I did not state how much tenants need to pay after due date only a late fee $50. So, the plumber should able to tell it was due to worn? Also, they claim that they mailed out the check a week before the due date and check got lost. Does this make sense still consider late for the rent?

Posted by Selena W, AZ on Wednesday, August 2, 2017

It appears this tenant is taking you on an costly adventure. You may just have to ride it out....In the future consider my suggestion above. You may also want to check security deposit amount in your area. In CA I require 5% of the rent. You may also want to look into having tenants do direct deposit. You should be able to see deposit the time it is made. This removes the "lost in mail" excuse.

Posted by Stan M, CA on Wednesday, August 2, 2017

I did not state how much tenants need to pay after due date only a late fee $50. So, the plumber should able to tell it was due to worn? Also, they claim that they mailed out the check a week before the due date and check got lost. Does this make sense still consider late for the rent?

Posted by Selena W, AZ on Wednesday, August 2, 2017

Hi Stan: Thanks for your advise and I will look into it. So, even tenants signed "Furthermore the following statement shall be consider true and factual: all drains, waste pipes, and plumbing are accepted as clear by the tenant at the time of occupancy and any material blocking them after occupancy shall be repaired by the tenant", it still depends on whether if is worn or not?

Posted by Selena W, AZ on Wednesday, August 2, 2017

True...however, not sure what is meant by "after occupancy?" Any problem should be determined at final inspection when all belongings have been removed from property including garage.

Posted by Stan M, CA on Wednesday, August 2, 2017