Does my tenant have the legal right to withhold rent if he hasn’t received payment for work he did for me?

Lexi, Chatbot

I understand the situation with your tenant withholding rent. Did you have a written agreement in place regarding the work the tenant performed on the seller's house?

Lexi, Chatbot

Have you discussed the tenant's concerns about payment for the work done on the seller's house with the seller or any other parties involved in the transaction?

Lexi, Chatbot

Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with tenant’s rent withholding.

TJ, Esq.

It sounds like you're dealing with a situation where the tenant is withholding rent because they believe they're owed money for the work done on the seller's house. From a legal standpoint, withholding rent in this case could be a problem for the tenant, especially if there isn't a clear written agreement that links the work performed to the rent. Even though there are Facebook messages, unless those messages establish a solid legal claim or promise from you or the seller to pay the tenant directly from the sale proceeds, the tenant's right to withhold rent is likely not supported. If the tenant withholds rent, you could take action for non-payment, but you'll want to keep communication open with them to avoid a bigger dispute.

TJ, Esq.

In order to give you a more thorough answer, do you have the actual written agreement with the seller that states the tenant will be paid at closing? And, where is this happening?

TJ, Esq.

Since you have a written agreement with the seller about how the tenant is to be paid at closing, that’s a solid starting point. The fact that the tenant hasn’t seen the agreement doesn’t necessarily affect their ability to claim that they’re owed money. However, it could impact how much leverage they have in a dispute. The written agreement between you and the seller is crucial because it demonstrates the clear terms of how and when the tenant is supposed to be paid. If the tenant isn’t aware of the agreement, sharing it with them could clarify the situation and potentially ease tensions.

Now, as for the tenant withholding rent, this is a tricky situation. In most cases, unless there's a legal reason for rent withholding (like an uninhabitable living situation), tenants don’t have the right to withhold rent simply because they’re waiting on payment for unrelated services. The fact that the seller has agreed to pay the tenant at closing is important, but unless the tenant’s rent is directly tied to the seller’s obligations, withholding rent could be viewed as a violation of the lease agreement. If the tenant continues to withhold rent, you may need to proceed with legal actions to recover the unpaid rent.

I’d recommend sharing the written agreement with the tenant. Even if the tenant hasn’t seen the document, it’s important they understand the terms that were set with the seller. It might also help defuse any tension if you clearly explain that their payment is set to come from the sale proceeds, not from their rent. This could also serve as a way to remind the tenant that the withholding of rent is not a valid way to handle this situation.

TJ, Esq.

I hope this was helpful. Let me know if you need more clarification on any of this.

TJ, Esq.

You're very welcome! I'm happy I could help!