$480 – one year of landscape services
My client is under no obligation to pay for landscaping of the subject property, regardless of any third party agreement you may have with a landscaper. The cost of landscaping services was not a term of the owner-manager agreement, nor was it a term of the tenant’s lease agreement.
- Oops. EM forgot to put this condition in both the contracts, marketing, etc. Oh Well.
- They are responsible for this lack of care / attention to our requests = negligence. This FACT that we required tenants to pay - is documented in multiple emails.
- This fee will be waived if EM wants to mow the law, replant lost grass, trees and plants (from previous tenants). We will need proof that they are doing so weekly - and be satisfied with their work.
- Their "approved tenants" are suffering a medical dis-capacity - and are not able to do any physical excesses.
- As you know, Agreements / Contracts may be verbal. Fortunately, we document all and show this was a condition from before and after the signed owner-agent contract.
- We consider all written emails to be an intrinsic part of our agreement - as we believe the legal system does also - and is stated within our contract (never signed by EM).
- FOR EXAMPLE - TWO EXHIBITS (of many more):
From: xxxxxxxx
Dan,
The contracts are fine - with the changes.
It is a good idea to write the five/six appliances into the management and tenants contract - identifying them (Brand - Model - serial number) and that this is part of the property - (EG Police recommended this).
APPLIANCES:
Stove (new) January 2011 – RY160LXTB - Black Whirlpool 30-inch Self-Cleaning Slide-In - # ?
Dishwasher (new) February 2012 – Amana Built In Dishwasher – ADB1000AWB - # ?
AS IS:
Refrigerator
Clothes dryer (2) - original in garage - needs to be checked/changed
Washing machine
The rental price apparently has to be the same as the ex-tenant who is liable for a one year lease she signed last March 20.
Apparently (according to xxx) the conditions have to be the same -
(XXX WROTE): "I checked on raising the rent and it is not advisable. If you raise the rent you cannot hold the tenant (who is moving out and breaking the lease) responsible to pay any rent for the time between their move-out and when the property is re-rented."xxx then wrote that this ex-tenant is filing for bankruptcy. She left July 20th owing rent - four months of utilities - clean-up and some damages.
950 | RENT | |
29 | EG Utilities | |
34 | SAC Utilities | |
78 | EG Water | |
60 | gardener | |
1151 | TOTAL |
I will email an excel account - history of the house (repairs made/vendors - neighbors - etc.)
----- Original Message -----
From: Dan
To: 'xxxxxxx'
Sent: Friday, September 21, 2012 8:05 PM
Subject: RE: water
In the lease listing agreement we have the tenant paying all utilities (including landscape). Is this correct or does it need to be updated?
I have a xxx call into the insurance company. They are to be calling back ASAP xxx.
Thanks,
Dan
![]() |
BACKYARD BEFORE PREVIOUS TENANTS |
No comments:
Post a Comment