Tenant Pays for Fuel, How to Handle?

Richard S. wrote:

SMITTY wrote:When we moved in, at closing, we had to pay for the oil left in the tank for the house, AND oil left in the greenhouse tank. We paid the current market price per gallon based on the estimated # gallons left.

You didn't have too, I would of told them to take it because I don't want it.

well, if they had a pro Realtor (like me ), there would have been a clause in the P & S that stated they WILL pay for it at closing (otherwise your right... you could say "i don't want it" and tell them to start sucking on that siphon hose LOL)

SMITTY wrote:Good score Mike!

Richard S. wrote:
You didn't have too, I would of told them to take it because I don't want it.

They would've loved that ... especially after dealing with me nickle-and-diming them to death for a week straight. They almost told us to take a hike after I tried to get them to roll a Model T Ford and a Sears lawn tractor into the deal. In the end I made out pretty damn good considering the state of the market at the time (2003).

Ohhh jesssus your one of those nightmare buyers that makes me become an auto salesmen and pool equipment salesmen and lawnmower salesmen The funniest thing ever was when I sold house where I had to negotiate in a HUGE model train set that flowed through the entire attack LOL

Full tank when come, full when they leave, an appropriate increase of security deposit to cover a tank of oil in addition to the property .

Paulie wrote:Full tank when come, full when they leave, an appropriate increase of security deposit to cover a tank of oil in addition to the property .

If the landlord does not have the funds, if the tenant argues the security (the landlord would need to PROVE his position years down the road with evidence!), if water replaces oil or if gauges are super glued, I could go on and on with hypothetical's. There is a way this is done, their is a reason its done this way and no reason to NOT do it this way. I love real estate and its what I do...

I've several rentals and a well written lease drawn up by my lawyer. Mayor hit it on the nose. Landlord fills oil/propane at the time of every new tenant. In lease it'll be stated that tenant moved in with full tank and will replace at the time of ending lease. Now you add a clause, security deposit is for damages to rental and additional cost to landlord to refill oil/propane tanks will be sole respondisiblity of tenant. If tenant runs furnace out of oil, cost for cleaning furnace will be charged to tenant and to be paid 10 days from the time of cleaning. yeah I'm a

Wiz wrote:I've several rentals and a well written lease drawn up by my lawyer. Mayor hit it on the nose. Landlord fills oil/propane at the time of every new tenant. In lease it'll be stated that tenant moved in with full tank and will replace at the time of ending lease. Now you add a clause, security deposit is for damages to rental and additional cost to landlord to refill oil/propane tanks will be sole respondisiblity of tenant. If tenant runs furnace out of oil, cost for cleaning furnace will be charged to tenant and to be paid 10 days from the time of cleaning. yeah I'm a

Im telling you that your attorney used language and a clause that does not protect the landlord as much as my lease agreement with a simple fuel adjustment clause would, I have not only worked in real estate for 20 years but I'm also a landlord, You may believe because your attorney is an attorney that he knows best.... but im here to dispute this in the example you have provided above.

Next time hire a good realtor because the cost is the same and a realtor does ohhhh so much more then the contract's

dcrane wrote:

Wiz wrote:I've several rentals and a well written lease drawn up by my lawyer. Mayor hit it on the nose. Landlord fills oil/propane at the time of every new tenant. In lease it'll be stated that tenant moved in with full tank and will replace at the time of ending lease. Now you add a clause, security deposit is for damages to rental and additional cost to landlord to refill oil/propane tanks will be sole respondisiblity of tenant. If tenant runs furnace out of oil, cost for cleaning furnace will be charged to tenant and to be paid 10 days from the time of cleaning. yeah I'm a

Im telling you that your attorney used language and a clause that does not protect the landlord as much as my lease agreement with a simple fuel adjustment clause would, I have not only worked in real estate for 20 years but I'm also a landlord, You may believe because your attorney is an attorney that he knows best.... but im here to dispute this in the example you have provided above.

Next time hire a good realtor because the cost is the same and a realtor does ohhhh so much more then the contract's

Well next time I'll get the lease out and write it exactly word for word if thats what you want... I just wrote Basically in my words what is in it. Never did I lose $$$ from a deadbeat tenant but could it happen yes. OMG

dcrane wrote:
.............. (the landlord would need to PROVE his position years down the road .....

I guess the my point is a contract is to protect the people whom enter it, how does either party or both parties, satisfy the contract or become "whole" when Joe blow paid 2.19/gal of oil and .....years down the road, oil is 4.89/gal. Please tell me a land lord would be satisfied if the roles were reversed and he lost 750.00 bucks because the bottom fell out of the oil market and it dropped 3 dollars a gallon, just speaking hypertheticals.

Dcrane, you work in MA - you can't compare anything you can or can't do here to any other state in the Union ... well, except for maybe NY.

MA isn't called THE LAND OF 10,000,000 LAWS for nothing.

SMITTY wrote:Dcrane, you work in MA - you can't compare anything you can or can't do here to any other state in the Union ... well, except for maybe NY.

MA isn't called THE LAND OF 10,000,000 LAWS for nothing.

LOL... well, in many things your SO right, but in the case of the posters question its a simply fuel adjustment added to the lease agreement (tenant pays for that oil along with their other deposits prior to occupancy), landlord will then pay for remainder of oil in tank at time of vacancy. Both parties pay the cost of the fuel at each perspective time and the landlord is better protected with the least hassle and least risk and least up front money from their pocket in regards to this particular question (its not even a subject to discuss in my mind... Its whats called a no-brainer).

Give me some tougher questions then this please

Just like a rental car or private airplane. You rent with a full tank and you fill it up when you return it.

SteveZee wrote:Just like a rental car or private airplane. You rent with a full tank and you fill it up when you return it.

I feel like im beating my head against a wall here

Im going to spend just a minute to discuss only a very few of the reasons why im right and your wrong... security deposit is limited in many states (so your theory of simply adding security amount to protect the landlord is flawed), next.... security deposits have to be held in an interest bearing account and the landlord needs to keep quarterly records and should send these records to the tenant (you might say... "well I got big shot attorney who wrote "all parties agree deposits shall be held in a non- interest bearing account and that it is agreed that the oil security shall not be construed as the "security deposit" for the unit" and I will tell you the JUDGE will laugh in your face and castrate the landlord). next... even if you wish to go through all that for mentioned hassle you will be at risk forever of things like subletting and other similar events which I would need to give a class on to explain to you. Next.... damaged oil gauge when they leave to make it appear you have full tank of oil, claims by tenant of damaged oil gauge upon eviction (after that brake it mind you! LOL). next ... rarely do we ever see a pleasant vacancy of rental property (oh sure sometimes tenants buy a home and move and everyone is cheerful and delightful sprinkling rose peddles upon each other) BUT more often then not its NOT friendly and you seriously thing the tenant is going to kindly spend $1000.00 while they are being evicted have you lost your MIND!

Now... In the words of the great Jack "I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom I provide and then questions the manner in which I provide it. I would rather you just said "thank you," and went on your way." JK (i just love that speach)

(its not even a subject to discuss in my mind... Its whats called a no-brainer) Now that's funny, Realtor who spends at best a year to learn his or her career and a Lawyer 8 yrs.

If I was seeking a realtor I would require a basic mastery of 8th grade spelling and grammar at the onset.

In NJ, the responsibility of a real estate salesperson is Cooperation, Accountability, Loyalty, Disclosure.

Tenants will universally abuse free heat. I've walked in to apartment houses with shared heat; to see porch doors wide open in the winter. Tenants will turn on all the burners on a stove and crank the oven with the door open. They'll let the hot water run all day. I've seen dogs kept in attics with feces all over the place. Piles of used toilet paper in bathrooms. I've seen toilets ready to fall into basements where the tenants never reported a minor leak for months. A good tenant is like gold.

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