Poolnet - I'm not liable ?

[Dolby]

I've rented out my place for 2 years and all was well ; tenant paid on time and I actually quite liked them.

The lease has expired and they've chosen to move on and - although upset a few aspects - I've sourced a new tenant to take over. My agent did a quick check of the property and one thing they did notice were stickers on the kids walls which damaged the paint and hence needs to be repainted. This shouldn't cost too much and it was relayed to the tenant ... with the expectation that all was good. Not so!

He fired back in what looks like spite and requested I reimburse him 50% for a poolnet requested and iintalled March 2010. Usually this wouldn't upset me - but because I can see it's out of spite, it does.

Anyway - just gone back in my mails and they've said verbatum :

xxx also wanted to ask about the pool cover....i got a quote of R3000 +vat for a net.
He asked if you will go 50/50. xxx has started walking and we are worried about him going to the pool


The guys for the net came out yesterday. The Quote is R3200. Are you going 50/50 or should we do it. They are coming on Thursday.

I answered 50:50 to both these mails, the net was installed - and I've heard nothing till now.

I'm in my right to refuse to pay the other 50%?

 

[xrapidx]

Yip... he wanted it...he suggested 50/50... his problem.

Tell him you didn't want the pool net - and if he likes he can refund you your 50% - and take it with him... (+ any repairs he has to make to put the area surrounding the pool back in its original order)

 

[Pitbull]

I've rented out my place for 2 years and all was well ; tenant paid on time and I actually quite liked them.

The lease has expired and they've chosen to move on and - although upset a few aspects - I've sourced a new tenant to take over. My agent did a quick check of the property and one thing they did notice were stickers on the kids walls which damaged the paint and hence needs to be repainted. This shouldn't cost too much and it was relayed to the tenant ... with the expectation that all was good. Not so!

He fired back in what looks like spite and requested I reimburse him 50% for a poolnet requested and iintalled March 2010. Usually this wouldn't upset me - but because I can see it's out of spite, it does.

Anyway - just gone back in my mails and they've said verbatum :

xxx also wanted to ask about the pool cover....i got a quote of R3000 +vat for a net.
He asked if you will go 50/50. xxx has started walking and we are worried about him going to the pool


The guys for the net came out yesterday. The Quote is R3200. Are you going 50/50 or should we do it. They are coming on Thursday.

I answered 50:50 to both these mails, the net was installed - and I've heard nothing till now.

I'm in my right to refuse to pay the other 50%?

Dolby,

Are you reading what you just typed?

 

[Pitbull]

Yip... he wanted it...he suggested 50/50... his problem.

Tell him you didn't want the pool net - and if he likes he can refund you your 50% - and take it with him... (+ any repairs he has to make to put the area surrounding the pool back in its original order)

Dolby agreed to the 50:50 but never heard anything about it. So Dolby is liable for the 50%. Which the tenant has the right to now. Just use the deposit and repair the place, pay him the balance. And 50% of the net. What's the problem? You even said it above in your post, or I'm reading it wrong.

 

[xrapidx]

Dolby agreed to the 50:50 but never heard anything about it. So Dolby is liable for the 50%. Which the tenant has the right to now. Just use the deposit and repair the place, pay him the balance. And 50% of the net. What's the problem? You even said it above in your post, or I'm reading it wrong.

Oh right... I thought the tenant now wants HIS 50% back...

If you haven't paid your 50% then he's probably well within his rights... use the money from the 50% to repair the paint and give him the difference if less.

 

[kooldude]

It does look like Dolby agreed to the 50:50 arrangement.

 

[Lounger]

They might argue that a repaint is expected once in a while for fair wear and tear. You can't get a free paint job off every tenant.

 

[xrapidx]

They might argue that a repaint is expected once in a while for fair wear and tear. You can't get a free paint job off every tenant.

Stickers on a wall isn't wear and tear.

 

[Dolby]

I agreed to the 50:50 in March 2010 and paid the price then : They paid R1,600.00 and I paid R1,600.00 - and the poolman walked away happy with his R3,200.00

He now wants HIS R1,600.00 back from me, so essence I've paid R3,200.00 (100%) of the net when - as per mails - he asked for it.

 

[xrapidx]

Yip... he wanted it...he suggested 50/50... his problem.

Tell him you didn't want the pool net - and if he likes he can refund you your 50% - and take it with him... (+ any repairs he has to make to put the area surrounding the pool back in its original order)

I agreed to the 50:50 in March 2010 and paid the price then : They paid R1,600.00 and I paid R1,600.00 - and the poolman walked away happy with his R3,200.00

He now wants HIS R1,600.00 back from me, so essence I've paid R3,200.00 (100%) of the net when - as per mails - he asked for it.

Then I stick to my original post

 

[Pitbull]

They might argue that a repaint is expected once in a while for fair wear and tear. You can't get a free paint job off every tenant.

From my understanding on rentals it's once every 5 years.

I recall on one place we rented, we wanted to repaint the place ourselves and the rental agent said it's due for a repaint and the owner will cover the costs. Don't know if the owner was just a good guy or if he was forced to do it. (I was willing to do it out of my own pocket).

 

[Pitbull]

I agreed to the 50:50 in March 2010 and paid the price then : They paid R1,600.00 and I paid R1,600.00 - and the poolman walked away happy with his R3,200.00

He now wants HIS R1,600.00 back from me, so essence I've paid R3,200.00 (100%) of the net when - as per mails - he asked for it.

You neglected that from your post .

He has no claim then since you both agreed on 50%.
Just use the deposit and fix the place, you are well within your rights to do so.

However as noted on my previous post, I don't know what the upkeep law is from the owner's side as to repainting and so on.

 

[Dolby]

My bad

I did forget to mention it ...

But yes - everything was paid back then ... he just wants me to pay him back.

 

[Dolby]

They might argue that a repaint is expected once in a while for fair wear and tear. You can't get a free paint job off every tenant.

I don't want a 'free' paint job.

I spent R60,000.00 only 2 years back on repairing the place fully. The paint is 100% - barring marks left by sticks from the kids.

 

[The_Unbeliever]

DO the right thing and pay the outstanding 50%. You agreed to pay it. So why be difficult now?

 

[Pitbull]

I don't want a 'free' paint job.

I spent R60,000.00 only 2 years back on repairing the place fully. The paint is 100% - barring marks left by sticks from the kids.

I personally would just send him the mails at which you both agreed to 50% and the proof of payment from your side.
Case closed.

 

[The_Unbeliever]

I personally would just send him the mails at which you both agreed to 50% and the proof of payment from your side.
Case closed.

This.

Then he have no leg to stand on and you have the full weight of the law on your side.

 

[xrapidx]

DO the right thing and pay the outstanding 50%. You agreed to pay it. So why be difficult now?

He paid it already a year and a half ago.

 

[Dolby]

I agreed to the 50:50 in March 2010 and paid the price then : They paid R1,600.00 and I paid R1,600.00 - and the poolman walked away happy with his R3,200.00

He now wants HIS R1,600.00 back from me, so essence I've paid R3,200.00 (100%) of the net when - as per mails - he asked for it.

DO the right thing and pay the outstanding 50%. You agreed to pay it. So why be difficult now?

It was all paid 18 months back.

He wants HIS 50% back

I personally would just send him the mails at which you both agreed to 50% and the proof of payment from your side.
Case closed.

I have sent them to the management agent to forward.

He's claiming for other things that I REFUSE to pay as well, as I've I've never heard anything about them in the past.

Pool motor repair (R250), rubble removal (R1,250.00) and initial pool cleaning (1,000.00). These are from about 2 years back that I've heard ZERO about ... and the figures just typed into an excel sheet (no official work).

I mean WTF?

 

[yebocan]

...side bar...

my two cents worth...i would have paid for the painting of the room, -call it normal wear and tear - in the end, you tenant was a good tenant - whats the fuss?