Unauthorized Repairs - Landlord Forum thread 362721

Unauthorized Repairs by Sean on February 14, 2024 @13:21

My tenant in Los Angeles reported a leak that they noticed from the ceiling in the garage. The garage is beneath the kitchen, so I asked them to pull the refrigerator out and look for a leak. It turned out that the water supply to the ice maker had sprung a leak. The adjacent wall, flooring, and the ceiling under the refrigerator all sustained damage that would need to be repaired. I instructed them to shut off the supply, and I would have someone out to fix the leak. They took it upon themselves to replace the valve, which I can understand because of the inconvenience that waiting for a contractor to come out could cause.

The problem comes from what they did next. The family owns some sort of rehab construction company. Knowing this, I asked for an estimate of the work that needed to be done to make the repairs, and that I would include their estimate with my insurance claim. Instead of providing me with an estimate, they made repairs that they deemed necessary, and sent me a bill for almost six thousand dollars. This was clearly an unauthorized repair. The repair also makes it nearly impossible for the insurance adjuster to see what the issue was and make a determination on the steps needed to fix the damage.

Now the tenant is withholding rent while waiting for a payment from me that is not coming. Now, I'm in the position of having to deal with the unauthorized repairs and unpaid rent. I've sent a late notice on the rent, and they offered to pay half of the rent which I refused to accept. The next step is a pay or quit notice.

My question is do I appear to be on solid ground with not paying for repairs that I didn't authorize, and demanding that the rent that is past due be paid or I start the evition process?

[ Reply ] [ Return to forum ]

Re: Unauthorized Repairs by Garry on February 16, 2024 @15:26	[ Reply ]

You should start the eviction process. The tenant has no right to withhold rent. They must take you to court if they want paid for those repairs they did. They will have to PROVE that you authorized them to make the repairs. This may all come out in your eviction process once you get into court. Starting today, use only texts, emails, letters, or phone recordings you have with your tenants. Do you have any of those things from any of your previous conversations ? If not, then they probably don't have anything like that, either. Those things are PROOF one way or the other of what was said, and they would have to present that proof to a judge.