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Forum / Move-Out & Eviction / Tenant has not paid rent this month but is requesting repairs
My tenant's lease started 11-04-2015 and has been late every single time (3 months). Rent is due on the first of the month and today it is the 9th. On the 3rd of this month, which was the last day to pay rent without penalty, she texted and said she would have it on the 8th (yesterday). She did not have it, and said she would have it Friday (Jan 15th). Along with her text to have rent on the 15th, she said there is a problem with the heating system. I immediately issued her a 3 day notice to pay or quit (according to Georgia law. My plans are not to fix the heater until the rent is paid. I no longer want her as a tenant. Am I obligated to repair the heater system?
Emmett J, GA on Saturday, January 9, 2016
RE: Tenant has not paid rent this month but is requesting repairs
You can evict the tenant as soon as they do not pay as long as you have sent them an initial notice to pay. If it is a recurring thing you can evict on that premises. This seems like a tenant that needs to go, make sure you file all of the proper paperwork tot he court so that you can have a smooth and quick eviction.
Posted by Richard W, PA on Wednesday, January 13, 2016
RE: Tenant has not paid rent this month but is requesting repairs
Thank you for your response. My question is "am I obligated to fix the heater system?"
Posted by Emmett J, GA on Thursday, January 14, 2016
RE: Tenant has not paid rent this month but is requesting repairs
NO YOU ARE NOT OBLIGATED TO FIX ANYTHING! YOU DID THE RITE THING BUY SERVING HER A 3 DAY NOTICE... AFTER THAT 3 DAY NOTICE IS UP AND YOU STILL HAVEN'T RECIEVED ANYTHING.. YOU SHOULD THEN GO DOWN TO THE COURT HOUSE, IT SEEM TO ME SHE IS PULLING YOUR LEG.... IF SHE WAS MY TENANT I WOLDN"T FIX IT... I WISH THE BEST FOR YOU.. IT"S STILL SOME GOOD TENANTS OUT THERE.. GET HER OUT OF THERE ASAP
Posted by quentin m, FL on Thursday, January 14, 2016
RE: Tenant has not paid rent this month but is requesting repairs
I would fix the heat so that she has nothing to hold against you to justify non-payment. You will have to fix it when she leaves anyways. Also, check with your local codes as to what you are required to provide for habitability. If you are maintaining an unlivable condition, it may justify her case in court. Stay above board and let the law do its thing.
Posted by Tom B, CA on Tuesday, January 19, 2016
RE: Tenant has not paid rent this month but is requesting repairs
Your tenants twin sister was my tenant till I had to finally evict her in December. I ignored all the obvious signs like her first rent check bounced, rent was always late, her utilities were not transferred on time and by the time I finally took court action and won eviction, she had neighbors complaining, was 3 1/2 months behind on rent and did $3000 in damage to a 1 year old home. Learn from my mistakes. Its cheaper for you! FYI... Fix the heat. you are going to do it anyways and in court, thats exactly what will be used to show you were totally at fault the whole time. Lets both go find some better tenants.
Posted by Richard W, FL on Tuesday, January 19, 2016
RE: Tenant has not paid rent this month but is requesting repairs
I suggest you get together with a professional HVAC person, set a date and meet at the house , have a professional look at it and do repairs if need be. If the damage was done by her, one more thing which you can charge her for in court. I would also make sure you give her a 24 hour notice, you will be entering the property with a professional to inspect the HVAC system. Post it on her front door--take a picture with date/time stamp, also send it through e-mail and save. As others have stated, although we all know she is in the wrong, this can be used against you in court and you want to be granted a judgement on her, not the other way around. While you are inside the property--legally with your professional service man--might be a good time to take a look around and take pictures..lots of pictures of the inside of your property. Just a thought.
Posted by J. M, OH on Thursday, March 3, 2016
Documents related to this forum

Alabama 7 Day Notice for Failure to Pay Rent

Alabama 7 Day Notice To Terminate the Lease

Alabama Statement of Claim-Eviction Unlawful Detainer

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