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August 2, 2009
Tenant demanding compensation
I have a double duplex home in Bushwick. I live upstairs. I have qualified for the weatherization program from the Department of Energy and will have one to two weeks of insulation and weatherization done on my house. I have informed my tenants it will be between 9-5 and I will be on site almost all of the time. They say it is "invasive" and are demanding a rent reduction. The work will consist of blown insulation, sealing doors, and the bulk of it will be in my unit. I like them but am quite surprised by this request. They pay $2000 for a 2 floor, 3 bedroom, living room, kitchen, 2 full baths, washer/dryer and 60 foot back yard which they mostly use, including a raised bed organic garden which they maintain. They say having workmen in my unit will be disruptive to them as well. I am not raising the rent at all, and this will save on heating in the future, which they pay.
Comments
demanding? Send notice as per your lease and proceed as planned. Or call a lawyer and add them to the title.
Posted by: jack slade at August 2, 2009 10:18 PM
I agree with Jack Slade....you should be informing them of what's going to happen, not consulting with them. Simply say that meeting their request isn't possible, and be sure to check your lease. Blumberg has an item, I think, about making necessary repairs and gaining access as needed.....
Posted by: GoodProspect at August 3, 2009 8:35 AM
agree w above, did you have a consultant come and check the house for this program?
Posted by: denton at August 3, 2009 9:58 AM
They are being unreasonable.
Posted by: Kris at August 3, 2009 10:45 AM
A necessary or desirable repair to your building, primarily involving your own unit, would have to be disruptive in the extreme to qualify as "invasive." Sounds more like your tenants want a rent reduction, and don't know how to have that conversation. Send your tenants a certified AND a snail mail letter stating the details of the work (dates, hours, etc.). The details of what you qualified for, the details of their rental, the details of whether you like them or were surprised by them are irrelevant. Check the lease and cite the section covering repairs and access. If a standard lease, whether Blumberg or REBNY, it will contain a paragraph reading something like this (from REBNY lease):
"ENTRY TO APARTMENT—During reasonable hours and with reasonable notice, except in emergencies, Owner may enter the Apartment for the following reasons: (A) To erect, use and maintain pipes and conduits in and through the walls and ceilings of the Apartment; to inspect the Apartment and to make any necessary repairs or changes Owner decides are necessary. Your rent will not be reduced because of any of this work, unless required by Law....(E) If at any time You are not personally present to permit Owner or Owner's representative to enter the Apartment and entry is necessary or allowed by law or under this lease, Owner or Owner's representatives may nevertheless enter the Apartment. Owner may enter by force in an emergency. Owner will not be responsible to You, unless during this entry, Owner or Owner's representative is negligent or misuses your property."
Just FYI, don't interpret or confuse this with a green light to write anything you want into future leases. Terms which are illegal under NYS law are unenforceable, whether or not signed by a tenant.
Posted by: vinca at August 3, 2009 12:01 PM
My default position is usually set to the 'screw you, landlord' position. But yeah, they are being whiny babies. Sounds like they have a sweet deal too, so they can live with this minorly invasive, necessary situation.
Posted by: MAT at August 3, 2009 12:13 PM
"Just FYI, don't interpret or confuse this with a green light to write anything you want into future leases. Terms which are illegal under NYS law are unenforceable, whether or not signed by a tenant.
"
vinca you mean like slumlords charging extra for an addional occupant!
Posted by: brickoven at August 3, 2009 12:38 PM
I think they are basically a bit out of line to be demanding a rent reduction unless they are expecting serious hardship from this.
How disruptive will the work be? Will there be enough noise and commotion that they will feel a need to largely vacate the premises from 9-5 for two weeks? Are they normally home from 9-5?
I mean, if this were happening in my building right now, I don't think it would be seriously disruptive as my wife and are at work and the kid is in daycare.
But if it happened when my wife was home all day with the baby and the noise was enough to keep the kid from napping and drove my wife nuts, then, yeah, I could see where I would feel a little put out by things.
If they are home a lot from 9-5 and this will really be a problem for them, it might save you some grief to try to work something out. Since you live there, I'm sure that being on reasonably polite terms with your tenants is important to you. A few hundred bucks might be a small price to pay to preserve this, even if they are technically in the wrong.
Posted by: northsloperenter at August 3, 2009 1:02 PM
brickoven: please don't attribute your words to my thinking. Even when I have strong opinions or responses to what I see or read, I choose not to engage in the passion of many posters for vitriol and name-calling. I meant exactly what I wrote:
Terms which are illegal under NYS law are unenforceable, whether or not signed by a tenant.
Posted by: vinca at August 3, 2009 1:12 PM
I live in Bushwick and their rent is EXTREMELY reasonable -- if heat were included. It all depends on what they're paying for heat.
I don't think this work sounds like a valid reason for a rent decrease, but maybe talk to them and find out if there's a real issue, apart from the rent.
Are they going to be home during the day when this is going on? Do they have a new baby who is sleeping? Does one of them work nights? Is there some actual reason this is actually a problem for them? Maybe they can arrange to go on vacation while the work is done.
Also, maybe let them know how much you think the cost of heat will decrease.
Posted by: mopar at August 3, 2009 2:30 PM
Thanks for all your comments. They pay their own heat. This is what the lead person in the argument said. It sound bizarre to me, but its real and they mean it.
this is about one simple thing. nobody likes their domestic tranquility and security to be invaded. it doesn't matter who is in the house or who has what work or sleep schedule. the rent is payed and the tenants don't deserve hassle without compensation. it is a simple issue. it is a gesture on your part. you said you will be getting thousands of dollars of free work done through the Weatherization Program, and saving a lot of money on bills way into the future. your property value goes up, your have more to boast when soliciting renters (super energy efficient and warm place), etc. you are essentially being gifted such a huge miracle of a free bonus and it boggles my mind that you would not be willing to cut a small break to your renters who are being inconvenienced by your good fortune. compared to what you stand to gain, this is marginal for any renter in the house.
Posted by: Artdis at August 4, 2009 8:16 PM
Oh, and it does involve parts of their unit as well, but not as much.
Posted by: Artdis at August 4, 2009 8:18 PM
Art, this person sounds psychotic. I'd worry if I were you.
Is this the first time they've acted this way? They seriously have way too much to say.
Posted by: jack slade at August 5, 2009 12:11 AM
As a renter I have to say these renters are full of it. It's an improvement to the house- if the windows were drafty or broken and had to be replaced, would they be trying to squeeze money out of you? I don't think so.
To the best of my knowledge, rent reductions are for faulty conditions- holes in the wall, vermin, ceiling falling down. Things that make an apartment uninhabitable according to the terms of the lease. But 2 weeks worth of some extra noise or some supposed inconvenience to make improvements that will be beneficial to them as well as you? I'd love to hear the Housing court judge on that one. He'll be laughing a long time.
the other point is, its your house, your investment. Since when are tenants entitled to a bonus because you are taking care of your investment?
Posted by: bxgrl at August 5, 2009 1:15 PM
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