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Excuses!

No-show fee by Ann on August 11, 2018 @08:50

                              
I use LPA Lease that has a no-show fee and Tenant is also responsible for a minor repair.

There was a minor repair request by Tenant. Tenant was informed with property notice. But, Tenant neither was there to let Plumber enter nor wanted to pay for the minor repair. Plumber arrived and left.

When I charge Tenant for no-show fee, Tenant dispute it b/c
Landlord has no actual financial loss, so that Tenant would not pay no-show fee.

Can I still demand Tenant pay no-show fee as Lease says?

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Re: No-show fee by Garry on August 11, 2018 @10:49 [ Reply ]
I would say your tenant has a very good case. I believe if a question like this ever got in front of a judge, the judge would ask you : what were your damages/costs? Did the plumber charge YOU for a service call, even if he/she could not get in? If YOU were charged , and paid it, then yes, the T would owe you for the no-show fee, and for the service call. So, did you pay anything?
The other thing is, if you demand the no-show fee, exactly HOW are you going to enforce/collect it, if the T refuses to pay it? But the REAL question is, how is NOT doing the minor repair, going to affect YOUR property in the future? If it never gets repaired, is it going to create the need for a MAJOR repair down the road-----FOR YOU ? Making tenants responsible for minor repairs, or some cost towards a larger repair, USUALLY results in the T never reporting needed repairs to the owner because they don't want to shell out more money, whether they broke something, and it was 100% their fault, or it was something that the LL is usually responsible for. The BEST thing for a LL to do, is do an inspection of the property every 6-12 months, to find minor problems, and also encourage Ts to notify LLs in between inspections, but at NO cost to the Ts for any repairs or "no-show" fees.

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