Not if the device is included in the rental agreement. And yes, no matter what the owner`s name is, you have a lease. Even if it`s one month to the next. And the owner should also stop his contract every month. Tamar, it looks like you`re dealing with a professional tenant. First of all, you can absolutely charge the missing devices as damage and deduct them from a deposit. A final examination of the excerpts would indicate that the objects were missing. I would also take pictures to document everything we can. As far as the 3-day rule is concerned, it is when the lease ends and the final check is carried out. Which, in this case, would be after they returned the keys. Otherwise, entry into the property without its permission would constitute a violation of its rights as a tenant.
I feel like you`ve done everything right. This tenant is trying to take advantage of the benefits and I would be willing to defend myself if necessary. If you have a lawyer, it would be a good idea to consult them to make sure you follow all your government rules. This way, if the tenant decides to take you to court because you have withheld the deposit, you can be sure that it will not reach anything. The hottest topic between landlords and tenants after a delayed rent are appliance repairs. Because there are so many grey areas on who is responsible, it opens the door to a lot of confusion, misunderstandings and bad feelings. As an owner, you are much happier if you can fend off conflicts before they even start with clear communication and a solid lease. In the end, there are no cross-sectional laws on who is responsible for repairing a defective device.
In other words, everything a lessor includes in the lease agreement on repairs to the devices is generally borne by the courts. If the rental agreement stipulates that the tenant is responsible for repairing the appliance from the first day of occupancy, the court will maintain it. If the rental agreement stipulates that the owner is responsible, this is also maintained. No matter how the lease processes repairs, it is essential that you and the applicant conduct a liability discussion before signing the lease. You can even add an addendum for repairing devices describing the specifics of liability. It goes without saying that if the tenant delivers his own appliances, he is fully responsible for the repairs, plus any damage that his device could cause to the device, such as water damage caused by a leaked washing machine. Kim, the first thing I would do is create a new lease. The tenant has been here for a while, I guess he has a month`s rent a month. Getting a new lease would solve a lot of these problems and get rid of all the questions of whether you owed him something because he was under a different lease. Make sure you make the rental contract specific and solve all these problems. If the tenant does not like the new conditions, he must leave.
To answer your question in concrete terms, if you need to fix the oven, if you delivered it, I would say yes. Even if you don`t have a lease with a language that says that, one can assume that you have replaced the existing appliance with an appliance that should be operable.