Things that are attached (by Fabric Gal [CA]) Jan 13, 2022 2:08 AM
Things that are attached (by Robert J [CA]) Jan 13, 2022 2:58 AM
Things that are attached (by Busy [WI]) Jan 13, 2022 9:07 AM
Things that are attached (by myob [GA]) Jan 13, 2022 10:39 AM
Things that are attached (by Busy [WI]) Jan 13, 2022 11:41 AM
Things that are attached (by Fabric Gal [CA]) Jan 13, 2022 2:30 PM
Things that are attached (by Busy [WI]) Jan 13, 2022 2:40 PM
Things that are attached (by Ray-N-Pa [PA]) Jan 13, 2022 3:21 PM
Things that are attached (by JR [ME]) Jan 13, 2022 10:22 PM
Things that are attached (by SHAUN [FL]) Jan 14, 2022 7:41 AM
Things that are attached (by Fabric Gal [CA]) Posted on: Jan 13, 2022 2:08 AM Message:
The lease I "inherited" when I purchased the SFH sure left a lot to be desired. Nothing is said about window treatments, and my realtor dropped the ball on this as well & I didn't double check although I asked him to include wording about it.
Are window treatments (shades, mini blinds, curtains etc) considered to be attached to the property?
What about shower curtains? (I know people might think this is icky, but I'm fairly certain the tenants only showered at the gym, leaving the shower and tub areas pristine!)
The lease did mention things that are attached to the property become the property of the owner.
What other things might be "attached" that will become my property? Those rectangular shade sails that provide shade? Decorative lights strung along the patio roof perimeter?
Is this a hill to die on? Thanks!
--68.8.xxx.xxx |
Things that are attached (by Robert J [CA]) Posted on: Jan 13, 2022 2:58 AM Message:
I had this happen. I demanded as apart of the contract the listing agent obtain an estoppel from all tenants with my questions answered. One tenant was never home so their 17 year old daughter signed the estoppel making it invalid. So I had to play a trick on my tenant. Instead of claiming I owned all of the appliances, window coverings, light fixtures, flooring etc., I ALLOWED the tenant to fill it out themselves. I had listed everything because when I did a walk thru before closing I noticed a lot. I put down:
Appliances: 18 cubic foot refrigerator and matching free standing oven. Built in dishwasher. Counter top microwave oven. Window coverings, Window mounted air conditioners in the master and second bedroom. Free standing floor lamps used to light the living room (no ceiling lights). Metal grate over the fireplace opening. Carpet and flooring.
So the tenant claimed almost everything belonged to her. Not a problem. Also the tenant claimed they had no copies of any of their leases over the years, got lost.
Then two months into the tenants, I as the new owner, the tenant calls up with a broken refrigerator. They want a new one plus food replacement costs. I check my records and inform the tenant that the refrigerator is their property and they now have to deal with it themselves. The tenant stops paying rent and I begin an eviction.
At the eviction court the tenant produces a 7 year old lease showing the refrigerator is the landlords property. So the judge wants to rule in the tenants favor. I get a chance to testify up on the stand. I explain to the judge that the tenant signed an estoppel claiming thousands of dollars worth of property belonged to them and not with the property. Either they lied then or now. They should not get a benefit from trying to take advantage. They judge says he doesn't care about an estoppel after the fact. Can I prove that the refrigerator was the tenants property. I said of course I can. This was the only tenant in the building that during their tenancy 5 years ago never got another rent raise. Why? Because when the refrigerator broke, the previous owner wanted to give this tenant their used frig. But instead the tenant stuck a deal. The tenant would buy their own refrigerator and be able to keep it. The old frig was a 18 cubit foot, but the tenant purchased herself a 25 cubic foot with automatic icemaker. And when the icemaker line broke and there was a little flood, the tenant and the previous owner sent each other emails, and the tenant agreed to pay for the re-painting of the lower apartment ceiling because it was the tenants owned refrigerator that they hooked up the new icemaker without permission.
So I won the eviction using every piece of information I could get my hands on and I spoke to the other tenants who were happy to share some history with myself. --47.155.xx.xxx |
Things that are attached (by Busy [WI]) Posted on: Jan 13, 2022 9:07 AM Message:
I definitely do not worry about the chattel. --70.92.xxx.xxx |
Things that are attached (by myob [GA]) Posted on: Jan 13, 2022 10:39 AM Message:
in older days back in 2000 we didn't supply things like shower curtains and shades/blinds. We supply stoves and dishwashers-- no refrig.
In 2008 we started putting up blinds and rods for showers with curtains and vertical blinds.
We also updated our minimum charges and fees schedule to include those items if damaged or missing. At a big boost in charges for them. blinds at 35.00 each- curtain at 35.00. --99.103.xxx.xxx |
Things that are attached (by Busy [WI]) Posted on: Jan 13, 2022 11:41 AM Message:
With the price of new blinds, I can see this as being important going forward. Though one would want to do as Robert J and MYOB have done, and have the ownership , replacement fees established up front, at the time of new ownership or new tenancy. --70.92.xxx.xxx |
Things that are attached (by Fabric Gal [CA]) Posted on: Jan 13, 2022 2:30 PM Message:
Thanks everyone! I guess I'm still not clear as to what I can expect to remain "attached" but I certainly have clarity about the wording and such in the next lease or rental agreement! --68.8.xxx.xxx |
Things that are attached (by Busy [WI]) Posted on: Jan 13, 2022 2:40 PM Message:
Something I need to tighten up on myself. Cannot believe the price of mini-blinds! My nature is too lax on that stuff, but it sure adds up. Tenants don't 'appreciate' things like that unless they know they'll pay for it. --70.92.xxx.xxx |
Things that are attached (by Ray-N-Pa [PA]) Posted on: Jan 13, 2022 3:21 PM Message:
ceiling fans
certain attached throw rugs
shrubs
trees
most sheds.
light fixtures.
kitchen cabinets
--24.101.xxx.xxx |
Things that are attached (by JR [ME]) Posted on: Jan 13, 2022 10:22 PM Message:
Robert, you had copies of emails between the tenant and the previous owner? When you purchase a property, do you ask the seller to provide you copies of all correspondence they have had with their tenants through the years? If it is via email, do they print it out for you? Do you pay for a notary to notarize these communications in advance, in the chance that they may be needed on a court proceeding some day?
How do you file all these communications? Electronically,, in a filing cabinet? do you file under the tenant’s name, the previous landlord’s name, use the Dewey decimal system?
And approximately how many days per year do you spend in a courtroom? 50, 100, 200? Do you get to use the judge’s restroom? --98.13.xx.xxx |
Things that are attached (by SHAUN [FL]) Posted on: Jan 14, 2022 7:41 AM Message:
JR, thanks for the early morning giggle :-)
"Do you get to use the the judge's restroom?" --173.31.xxx.xxx |
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