Tenant vs. Landlord... who pays?

[placidfemme]

Bit of a serious question here:

This morning I found that someone had broken our bedroom window.

We are not 100% sure when this happened. Yesterday the lawn-mowing guy came over... so there is a possibility that a stone or something was thrown up into the window (although, when cleaning the glass up this morning I found no stones or anything that could have been used as a projectile... even though all the broken glass is on the inside of the window).

Another possibility is that is was broken last night as a possible break in attempt. Due to where we live the person could have thought the house was an empty business and when they pulled the curtain up and saw the bed (with us in it) they ran away <-- just a theory. However if that was the case, its pretty scary that neither Sam or I heard a single thing... I really think we would have heard a window breaking less than 2m away from our bed...

The third and final possibility is that the window was smashed this morning when I was in the shower (even scarier... for me anyway). Sam leaves home about an hour or so before I even wake up, when I found the broken window the glass had fallen on the inside of the window on top of a pile of clothes we were too lazy to put away after picking them up from the laundry, I phoned Sam to tell her about the window and told her there was glass all over that pile of clothes and she said she had dug through that pile this morning to find a pair of jeans... there was no glass when she looked...

So the logical thing is that is was broken inbetween Sam leaving for work and me getting out the shower.

Now I havn't notified our landlord yet cause he only starts work on Thursdays at 1pm and I don't have a home/mobile number for him...

My landlords a bit of a prune and might try to turn this on us...

Who is liable for paying for the repairs? Me or the landlord?

Thanks in advance!

[sunhuntin]

im no expert, pf, but similar threads on the trademe usually run like this: if it is the fault of the tenent, or tenents child etc, then you pay. if it is a possible break in etc, then the landlord should have insurance.
basically, if he can find a way to pin the break on you and sam....itll be coming out of you. if you can prove that it wasnt either of you, then insurance.

maybe have a play on google...should be more info there than i can give. lol.

[ManDownUnder]

Not sure (and I should know... DOH!).

Try here http://www.dbh.govt.nz/tenancy-index - they're pretty good
MDU

[Fub@r]

In the past I've had some right bastards as landlords.

Had one landlord try to get costs off of me for a broken tap and oven door. The tap handle was just old and fell off and the oven door was accidental.

Anyway these came up in a tenancy hearing. The verdict of it all a tenant was only responsible for intentional damage. If its accidental or the landlord can't prove intent then the tenant doesn't pay.

[Cibby]

It is the responsiblity of the Landlord and will be covered under their insurance.

The window is part of the building and therefore covered under building insurance.

The landlord may try and ping you for the excess...

Do you have a rental agreement? does that mention anything?

If it isnt your fault, there is little she can do.

[bistard]

Yes,I agree,as I am a landlord,as well as a Biker,if you had broken it,own up & pay,but if you know damn well you didnt do it,it should be covered by his insurance,my places we have free glass cover,so might not cost him anything??
So just tell him staright you did not do it!!

[placidfemme]

Thanks all.

Reason why I'm asking is cause when we moved into the place a while back... after being there for only 2 months the bedroom curtain started getting black mould on it, we told him and he said it was our responsibility to have it cleaned at our own expense. Another time we called him to tell him that the kitchen tap leaks... he never came over... next time we called to tell him that black ash was dripping into the stove (the stove is in the fireplace... looks rather kewl... but stupid none the less...) so when it rains black ash drips out the chimney through the extractor fan (which goes up the chinmey) and onto the stove... and its a right bitch to get off... we told him... and he's never even come over to check it out... so now we have a plastic bag taped across the fan to stop the shit falling on the stove... which of course is a pain in the ass when we cook... THEN we had friends over for hallowean last year and one friend fell through the deck cause one beam broke... (ok she was large-ish but still those who have been to our place can confirm the deck is a safety issue), we notified him and it took 6 weeks for him to replace ONE strip of wood... and he tried to charge us for it.

Other than the above we have a good relationship with our landlord, he never bugs us, not once in 2 years has he even come to inspect the property or anything...

[Hitcher]

Check your tenancy agreement and ring your landlord immediately. It's 21 December and getting glazier in to fix a broken window could be problematic. Your landlord should want to keep the weather out of their investment. You will want to make sure your possessions are safe and secure. Getting the window fixed should be your priority. You can always haggle with your landlord later as to who is going to pay.

[The Stranger]

Both Mom and Mrs Busa Pete have a LOT of experience in this area. I am sure you could PM either of them, they are both horny alcoholics, sorry I meant lovely people.

[jrandom]

not once in 2 years has he even come to inspect the property or anything...

That's a bad sign, not a good sign.

Good landlords maintain close relationships with tenants and try to protect their investment. If he doesn't GAF about inspections, he won't be likely to live up to his obligations when it comes to looking after the place properly.

Check the rental agreement and call the Tenancy Tribunal (or whatever they're called these days) for advice. And do what Hitcher says, call a glazier immediately, pay the bill yourself and keep the receipt for later.

[Fatjim]

Stuff the window/landlord. Tell us about the bed!

[cowpoos]

was the broken glass inside the house [pos breakin] or was the glass lying outside the house [most like you guys did it from inside]

[placidfemme]

I'm at work now... and the tenancy agreement is at home... by memory it was just a standard tenancy agreement form... the thing I remember most about the tenancy agreement was that he stressed the point of including the light shades on the form (and they are just paper ones... sheesh).

Fish: I never thought of that as a bad thing before... but then again this is the first place I've rented and not just gone flatting with someone else on the lease... so all of this is new to me...

FatJim: No worrys the bed is safe... I've handcuffed it to itself so they can't strip it and steal it lol (lol there are seriously handcuffs cuffed to the bed)

[placidfemme]

was the broken glass inside the house [pos breakin] or was the glass lying outside the house [most like you guys did it from inside]

All the glass was on the inside... I went outside to see if there was any suspicious laying around... and only found "one" piece of glass outside...

[placidfemme]

In regards to getting the window fixed myself... My holiday pay only clears into my account on midnight Friday...

[The Stranger]

That's a bad sign, not a good sign.

Good landlords maintain close relationships with tenants and try to protect their investment. If he doesn't GAF about inspections, he won't be likely to live up to his obligations when it comes to looking after the place properly.



I take issue with that statement. Way I see it is the tenant is paying me rent for quite enjoyment of a property. I am sure if they want me there they will invite me.

If and when they have a problem I take it seriously and get on to it promptly, but until then the place is theirs, not mine.

Far rather it this way, than the landlord we had many moons ago, who used to perform his inspection unannounced when we were not home.

Allways got on well with my tenants and and never had any disputes, or arguments over costs or repairs.

That said, now days some of the insurers require you to make regular inspections to protect their (the insurers) interests, so much as I would rather respect people's privacy and leave them in peace it is a bit of a necessity.

[jrandom]

In regards to getting the window fixed myself... My holiday pay only clears into my account on midnight Friday...

All right, so which of you gold-card types with a girl-on-girl fetish is going to offer to cover poor Tammy's glazier bill for 48 hours?

[placidfemme]

All right, so which of you gold-card types with a girl-on-girl fetish is going to offer to cover poor Tammy's glazier bill for 48 hours?

hehe those with a gold card may earn an extra "lesbian reward points" for buying me a new bike too :love: p/t

I'll be fine one way or another...

*is waiting for my landlord to start work*

[jrandom]

hehe those with a gold card may earn an extra "lesbian reward points" for buying me a new bike too :love: p/t

What, exactly, is a lesbian reward point?

That reminds me. Ever checked out Fatale Media's products? Before I became a regular customer, my curiosity had never been quite so well... satisfied.

Google them.

[Flyingpony]

Other than the above we have a good relationship with our landlord, he never bugs us, not once in 2 years has he even come to inspect the property or anything...
Think that's a bad sign. By right he should inspect the property every three months. Taking 6 weeks to repair a simple piece of wood is too long, should have been replaced in a matter of days.

[jrandom]

I take issue with that statement. Way I see it is the tenant is paying me rent for quite enjoyment of a property. I am sure if they want me there they will invite me.

If and when they have a problem I take it seriously and get on to it promptly, but until then the place is theirs, not mine.

Fair enough. Generally, though, in my experience, a landlord who never inspects doesn't GAF.

And it's illegal to inspect without notice; I believe the law stipulates a minimum of 24 hours advance warning, and the landlord can't insist upon it happening at a time inconvenient to the tenant.

[S&S]

I had this situation pop up once with one of my tenants, I found that when they approached me with complete honesty about not knowing what happen we both decided to go 50% in the window. Tenants do have to take some responsibility of the house they are renting. Maybe that's a solution... if anything it could keep the landlord happy. Concerning the leaking chimney & deck... jump on him about that, you have more rights than him. Hope that helps :)

[S&S]

If he slacks off to much with repairs & maintenance to the house, contact tenancy services for advise to speed things up

[The Stranger]

I had this situation pop up once with one of my tenants, I found that when they approached me with complete honesty about not knowing what happen we both decided to go 50% in the window. Tenants do have to take some responsibility of the house they are renting. Maybe that's a solution... if anything it could keep the landlord happy. Concerning the leaking chimney & deck... jump on him about that, you have more rights than him. Hope that helps :)

Way I see it (as a landlord in general) is that as a landlord you can write off the cost of repairs. The tenant can't. So unless it is absolutely clearly the tenant's problem why worry, just get it sorted.

[Hitcher]

A lot of people have oddly utopic views about rental properties and go all misty-eyed and clammy in odd places as they salivate at the prospect of owning residential property to rent. I, on the other hand, have worked for Housing New Zealand and have seen first-hand how the "other half" lives. I have consequently cauterised any desire I may have once had to be a landlord, believing that giving my bank account details to Mr Longo Nbongo (the nephew of the former King of Lesotho) to be an infinitely preferable form of investment.

I agree with Fish that any property owner who does not regularly visit and check what their tenants may be up to, is an idiot. Roof cavities make great places to propagate marijuana and, the ever-versatile garage (no pun intended) can be put to a range of innovative uses, such as the manufacture of P, the systematic decomponenting of motor vehicles, or housing several families of recently-arrived Somalis. While I am amongst the first to applaud entreprenuerial flair, I take a less-than-sanguine view when it may be my sorry arse that may not be collecting $200 and going directly to jail as a consequence.

[placidfemme]

Just to add some more insight into the matter of the landlord not checking in on us...

We live in an old Villa type house, the front part of the house is a business (where the landlord works).

We see him nearly everyday, talk to him about once every two weeks... so he can walk around the back of the house anytime he pleases and look through the windows (we generally always keep the curtains open) and no doubt he has a spare key so when we're not home he could pop in and check things out (as illegal as that is), but in terms of an actual inspection... he'd never done that...

Fish: lol lesbian reward points... buy me a bike and you'll find out

[Hitcher]

Fish: lol lesbian reward points... buy me a bike and you'll find out

I think Mr Fish may be troubled by the prospect of redeeming the ones he has already got. Unless, like Frequent Flier Miles, they expire.

[merv]

If it appears accidental the landlord should pay or basically if he's insured properly the insurance will pay and in many cases they have glass breakage extensions which don't cost an excess or loss of no claim bonus so no worries.

[placidfemme]

I think Mr Fish may be troubled by the prospect of redeeming the ones he has already got. Unless, like Frequent Flier Miles, they expire.

lol how many lesbian reward points does he have already?

[ManDownUnder]

lol how many lesbian reward points does he have already?

Dunno - but if give him a few of mine can I bring a camera to the redemption meating?

[placidfemme]

Dunno - but if give him a few of mine can I bring a camera to the redemption meating?

lol your an honourary (sp) lesbian anyway... you better not be giving away too many points...

[ManDownUnder]

lol your an honourary (sp) lesbian anyway... you better not be giving away too many points...

YEE HAA :drool: :sweatdrop

[LilSel]

You've already got a few points dont you PF??

[jrandom]

redemption meating?

Is 'meating' what happens when lesbian reward points are redeemed, then?

[ManDownUnder]

Is 'meating' what happens when lesbian reward points are redeemed, then?

That's what I'm hoping to find out...

[crashe]

Ok its gone past 2pm....

What is happening re the landlord.......... and paying up for the window?

Just trying to get this back on topic....:yes:

[Bartman10]

My experience is this:

Landlords are out to screw tenants

Tenants are out to screw landlords

If I was a landlord I'd try to convince the tenant to pay, but I'm not, therefore I always try my hardest to get the landlord to pay.

Tenancy agreements won't usually go into specifics about broken windows. Windows are part of the building, therefore the landlord should pay, unless he can prove that you deliberately broke the window. The landlord has a responsibility to ensure that the building is fit to live in. If you have problems withhold rent or move out.

[The Stranger]

A lot of people have oddly utopic views about rental properties and go all misty-eyed and clammy in odd places as they salivate at the prospect of owning residential property to rent. I, on the other hand, have worked for Housing New Zealand and have seen first-hand how the "other half" lives. I have consequently cauterised any desire I may have once had to be a landlord, believing that giving my bank account details to Mr Longo Nbongo (the nephew of the former King of Lesotho) to be an infinitely preferable form of investment.

I agree with Fish that any property owner who does not regularly visit and check what their tenants may be up to, is an idiot. Roof cavities make great places to propagate marijuana and, the ever-versatile garage (no pun intended) can be put to a range of innovative uses, such as the manufacture of P, the systematic decomponenting of motor vehicles, or housing several families of recently-arrived Somalis. While I am amongst the first to applaud entreprenuerial flair, I take a less-than-sanguine view when it may be my sorry arse that may not be collecting $200 and going directly to jail as a consequence.

Thank you Hitcher. Well I guess I am an idiot. But hey, I don't mind being an idiot who has made more from rental properties over the last 20yrs than I have made from working, using the same recipe - dumb luck. I shall continue to be an idiot for some time to come I hope.

[Hitcher]

Stuff the broken window. I want to know how many Lesbian Reward Points are required for, say, a toaster oven. I feel an overwhelming need to calibrate. Indeed, in the immortal words of Kool & The Gang:

"Calibration, Let's all calibrate and have a good time".

[Hitcher]

Thank you Hitcher. Well I guess I am an idiot. But hey, I don't mind being an idiot who has made more from rental properties over the last 20yrs than I have made from working, using the same recipe - dumb luck. I shall continue to be an idiot for some time to come I hope.

Ah, a rich idiot. Maybe I should make an exception? And do you really not regularly visit your rental properties?

[placidfemme]

Ok... Just spoke to the landlord... He didn't get my message I left on his work phone so had to re-explain what went on...

I felt guilty and i didn't even do anything... sucks...

Anyway... He seems to think it may be the lawn mowing guy, because apparantly he broke a window at the front of the house last year and didn't say anything...

He didn't sound impressed (dunno if that was with me or the lawn guy), but he said he would get onto this afternoon and "not to worry" because he has a spare key so we don't need to rush home...

[placidfemme]

lol as for the lesbian reward points... LilSel is the point awards administrator... she told me that 10 points gets me a beer... and 20 points gets me a sky bungy... and 1000 points gets me a bike...

*right now I only have 27 points*

[placidfemme]

Is 'meating' what happens when lesbian reward points are redeemed, then?

Hmmm... um...

Oh look I got you something! Merry Lesbian xmas!

[The Stranger]

Ah, a rich idiot. Maybe I should make an exception? And do you really not regularly visit your rental properties?

As previously stated. Only when necessary, i.e the tenant reports a problem, or if there has been work done (Kitchen or bathroom upgrade etc) and I want to be sure that things are right i.e. will give it a month or 2 and inspect that there are no leaks etc.

I have found it quite simple, either you have genuine mutual trust and respect or don't bloody let the place to the person in the first place. I have never once had a cross word with any of my (residential) tenants in that time and find that I have only had long term tenants, I guess as a result. Last lot was almost 6yrs and I probably visited 4 times.

I can dig that Housing NZ has different considerations but that doesn't mean everyone is going to have the same problems.

Having visited PF and Sam once or twice you can tell in an instant that they are good people, the place is clean and tidy (sorry if it looks like I am judging you PF, but hey you get impressions of people from meeting them). Were I their landlord why the hell would I want to keep an eye on them? That said, I could just imagine if MDU was, there would be inspections weekly.

[jrandom]

Oh look I got you something! Merry Lesbian xmas!

Yes, I'd meat that.

[ManDownUnder]

Were I their landlord why the hell would I want to keep an eye on them? That said, I could just imagine if MDU was, there would be inspections weekly.

LOL - ok I'll bite - but I'd prefer we sit over beer and you teach me what you know. I'm new to this landlording lark

[LilSel]

lol as for the lesbian reward points... LilSel is the point awards administrator... she told me that 10 points gets me a beer... and 20 points gets me a sky bungy... and 1000 points gets me a bike...

*right now I only have 27 points*

:yes: Thats right... OOooOOOoo.... In the xmas spirit tho... here's a few more for ya :D * * *

[The Stranger]

LOL - ok I'll bite - but I'd prefer we sit over beer and you teach me what you know. I'm new to this landlording lark


Whatever you are into, I'll drink mine, you sit on yours.
Sorry, getting a bit weak there.

Sure we will, but not this year.

[placidfemme]

:yes: Thats right... OOooOOOoo.... In the xmas spirit tho... here's a few more for ya :D * * *

yay I now have 30 :)

*only 970 left to go*

[ManDownUnder]

yay I now have 30 :)

*only 970 left to go*

y'know flashing your tits earns them quicker *hint hint*

[placidfemme]

y'know flashing your tits earns them quicker *hint hint*

lol Sam's sitting next to me... and she said thats fine as long as I share my new bike with her

*doesn't like to share*

[ManDownUnder]

lol Sam's sitting next to me... and she said thats fine as long as I share my new bike with her

*doesn't like to share*

LOL I won't hit on Sam yet then (I hardly know the woman - although she's obviously got good taste).

Go on - flash yourself to a new bike...

[placidfemme]

LOL I won't hit on Sam yet then (I hardly know the woman - although she's obviously got good taste).

Go on - flash yourself to a new bike...

lol Sam's more the type that will perve with you, way more than I would :) She's the boy I guess you could say...

[ManDownUnder]

lol Sam's more the type that will perve with you, way more than I would :) She's the boy I guess you could say...

We'll be good friends then!

Hey Sam - I'll bring the popcorn and a few beers, you choose the music and make sure it's not too cold ok?

:corn:

[LilSel]

Dont forget you need the administrator to issue said stars.... :Punk:

[ManDownUnder]

Dont forget you need the administrator to issue said stars.... :Punk:

bring the stars mate -little sticky ones. You'll need to lick the spots clean before you stick 'em on though.

That step is very important, and often overlooked.

[placidfemme]

Dont forget you need the administrator to issue said stars.... :Punk:

this is sam, the admin is not the only one to give out lez reward points, but you decide what they are worth and what can be redeemed for or somthing like that

Ps tammys boobys are worth @ LEAST 20 points & no less :love:

[LilSel]

Ps tammys boobys are worth @ LEAST 20 points & no less :love:

:killingme

Cant comment on that lol... but I'll trust ya :D
*cough*... pic...

[ManDownUnder]

:killingme

Cant comment on that lol... but I'll trust ya :D
*cough*... pic...

LOL... 50 if they're in action... *cough*

[placidfemme]

Cant comment on that lol... but I'll trust ya :D

(PF here) And so you should...


*cough*... pic...

Pics are worth WAY more than 30... cause you can look at them over and over... so NO lol :nono: :spanking:

lol and Sam sez fuck pictures... she gets the real thing :love:

[LilSel]

Pics are worth WAY more than 30... cause you can look at them over and over... so NO lol :nono: :spanking:

lol and Sam sez fuck pictures...

Very true...

Nah they might go soggy... & the colours would run...

[Karma]

That said, I could just imagine if MDU was, there would be inspections weekly.

Or you could get with the times, and have hidden cameras installed in the bathroom, bedroom, and out on the deck.

Easy done!

[placidfemme]

lol just found this... love it...

[ManDownUnder]

lol just found this... love it...

Did I mention my gold card?

[placidfemme]

Did I mention my gold card?

no you didn't.... how YOU doing?

[ManDownUnder]

no you didn't.... how YOU doing?

LOLOLOL!!!!!!!!!!!! (yeah I've had a wine or two) LOLOLOL!!!!!

edit - even KB's telling me to spread myself around... before throwing myself to the lesbians again!

[placidfemme]

Back on Topic:

Got home yesterday and window was all fixed :) Went to the front of the house to say thanks to landlord but he was sticking holes in someone (he does acupuncture). Left a message with his receptionist... and when he left saw him drive off... so he must have got the message...

Oh well its all good :)

Thanks to everyone for your advice and tips

[sunhuntin]

thats good to hear, PF. he finally did something within a decent time frame...he did well with it being right on top of xmas as well.

[soundbeltfarm]

i doubt it was a break and enter and they ran.,
because if i broke into a house and seen 2 birds in bed togather , the last thing i would be doing is running away.