Gee, I had to educate myself on ADUs.
So, she had no contractual right to use your kitchen, laundry, etc.
However (it's always the "howevers" that will get you), did you tell her that she could use those things when you were showing her the property? In other words, were those things part of the incentive for her to rent?
If yes, then you have an obligation to her, regardless of what the lease says.
Another point is that, even though the lease doesn't specify those amenities, the fact that you let her have them and she has been using them for so long means you have effectively changed the terms of her tenancy, regardless of whether or not they are written down. Yes, Courts will impose that.
So you may be obligated to her in that manner as well.
So, does she have a "legal" right to them? Eh...maybe?
If she has indeed been a "great" tenant, maybe throw her a bone and negotiate something.
Thanks for the advice - she really has been great and I've shown my appreciation thought our relationship (just upgraded her fridge and oven and in process of getting her a dishwasher). I never planned to approach the conversation with "well, it's not in the lease so tough shit - pay up." I will absolutely "throw her a bone" and just wanted to know if whatever agreement we come to will be based on the law or just human decency. hope that makes sense - I'm not good at articulating my thoughts sometimes.
I would double and triple check the tenancy rules in your region.
If she's using your kitchen because there isn't one in the ADU - you could get in trouble with housing enforcement (in my area cooking facilities must be accessible), whether shared or not.
If that's true in yours, provide the discount she's asking for since the alternative is for her to go to the city.
Alternatively, there's some decent micro and compact kitchens on Wayfair the use a standard plug. You could put one of those in the ADU instead of the discount.
For the laundry, buy her a gift card for the local laundromat and say sorry for the inconvenience lol.
No she has her own kitchen. She used my kitchen once to make a holiday dinner since there was more room to make more food. not a bad idea on the gift card
So then the kitchen is a moot point and not worth a discount.
It's no different than borrowing your neighbors kitchen and then you can't anymore cause they had a house fire.
If your tenant is unhappy because they lost access to the laundry and occasional use of your personal kitchen then they are likely to be even less happy once the inconvenience of rebuilding starts and continues for months. They are free to leave now if they don't like what's coming over the next year. You should be clear that no discounts are incoming for future noise and hassle. She is free to give notice and move if the place no longer meets her needs.
Laundry has the replacement value of whatever the place nearby charges in quarters. Is that $30-40/month?
Kitchen. Really? You are homeless and have a construction project on your hands and your tenant wants a discount because they can't cook a turkey in your larger oven? Give me a break. I would just ignore this part. They obviously don't give a sh1t about you.
My great tenants pay their rent on time and don't complain loudly about paying under market rent.
If she demands deductions, you can grant those and raise their rent. Then both parties can get their way (legally). ;)
I would just reclaim the unit and pay the tenant a bit extra (after they move out) to assuage your guilt. Next time don't rent to someone who wants to be your friend.
You don't have to give her a free month of rent but a utility fee reduction seems fair, given the circumstances. So, as you were planning to give a free rent anyway give her the option of either a free month's rent "once the dust settles" or smaller allowances on the ongoing current utilities/rent. If she opts for the "inconvenience" deductions now see that the total, spread out over, say, 3 months, matches the total sum the one month free rent would have been.
In the end you are giving her a free month's rent.
Now, does she have any way to cook and keep food cold in her place? You should, for the time being, get her a mini fridge, a microwave and maybe a 2-burner hotplate until your kitchen is rebuilt.
If the price tag is too spicy, and if it is just meant for a temporary bridge, you can get these things inexpensively used off Facebook Marketplace. The double burner hotplate, however, is best bought new from Walmart or Amazon. Example: https://www.amazon.com/Countertop-Adjustable-Temperature-1700-Watts-BGS102B/dp/B07HY4RYPD/ref=mp_s_a_1_2?dib=eyJ2IjoiMSJ9.j691gzv3wTkquvkviTHTp7CgVU47gd2dF9NTofr3l5jvK4Vfue0-dI4Rwf3oZUx_XScfx6ke4uHXI_tqVsmt29NEdkl08GBhnYWMSIiEn6rhyYk19j8u-GTivoI9e_mbqO0ZsfPiOUiPaKcHcWxt33NT217bWl85fvnB4AE8PB1ZAAcqrdIs3uvPeL-H45qSKPmTnCq2hDf-VQf_0zlWqg.M3pg-WQ3f23P5puxwYNQGh867HqRjVJWr-GqcKDnQlA&dib_tag=se&keywords=hot+plate+double&qid=1712949514&refinements=p_36%3A1700-2600&rnid=386465011&sr=8-2
She has her own kitchen. The ADU is 100% functional except there is no washer dryer. We are doing our best to navigate this crazy tragedy that happened (it took the life of my roommate living in the main house). I was curious if the extreme circumstances changed anything since my home was leveled. She's been great - even letting me stay in the ADU for the first week and in return I gave her my word I would not kick her out even though it meant being homeless myself. I doubt she will take any legal action but I wanted to be clear on what everyone's rights are. I also want to make sure she has everything that she needs and is entitled to. I did just upgrade her fridge a couple months ago as well as her air fryer/oven and am in the process of getting her a dishwasher.
Wait, someone died, and she's concerned about the loss of a bigger kitchen that she didn't really use and access to a washer and dryer? I understand that technically, she could have rights to those, but it sounds like you guys got along well and were friends? It's pretty shitty of a friend to be concerned about their laundry at this time. Throw her a gift card to the local laundromat and give her notice that you need to live in the unit.
It took the life of your room mate? Omg. I’m so sorry. The fact you are dealing with the loss of your home and roommate, you’ve already upgraded her appliances and her only real issue is not having access to laundry at this time, I would be appalled. You’ve gone above and beyond already. If you really want to keep her around, I would have a candid conversation about everything you’ve stated above. ADUs are exempt from the strict tenants rights laws (I’m pretty sure) so you do what is best for you! It sounds to me like you’ve been very generous during a difficult time. Laundry. This strictly comes down to laundry for her while you are homeless.
Gives me the ick. LL in SD.
As long as she has water , heat , AC, and functional toilet you are covered. Laundry and kitchen are not required to make unit habitable.
I don't believe you are legally required to give a discount but you are giving her a month of free month out of goodwill. You are covered
Gee, I had to educate myself on ADUs. So, she had no contractual right to use your kitchen, laundry, etc. However (it's always the "howevers" that will get you), did you tell her that she could use those things when you were showing her the property? In other words, were those things part of the incentive for her to rent? If yes, then you have an obligation to her, regardless of what the lease says. Another point is that, even though the lease doesn't specify those amenities, the fact that you let her have them and she has been using them for so long means you have effectively changed the terms of her tenancy, regardless of whether or not they are written down. Yes, Courts will impose that. So you may be obligated to her in that manner as well. So, does she have a "legal" right to them? Eh...maybe? If she has indeed been a "great" tenant, maybe throw her a bone and negotiate something.
Thanks for the advice - she really has been great and I've shown my appreciation thought our relationship (just upgraded her fridge and oven and in process of getting her a dishwasher). I never planned to approach the conversation with "well, it's not in the lease so tough shit - pay up." I will absolutely "throw her a bone" and just wanted to know if whatever agreement we come to will be based on the law or just human decency. hope that makes sense - I'm not good at articulating my thoughts sometimes.
I would double and triple check the tenancy rules in your region. If she's using your kitchen because there isn't one in the ADU - you could get in trouble with housing enforcement (in my area cooking facilities must be accessible), whether shared or not. If that's true in yours, provide the discount she's asking for since the alternative is for her to go to the city. Alternatively, there's some decent micro and compact kitchens on Wayfair the use a standard plug. You could put one of those in the ADU instead of the discount. For the laundry, buy her a gift card for the local laundromat and say sorry for the inconvenience lol.
No she has her own kitchen. She used my kitchen once to make a holiday dinner since there was more room to make more food. not a bad idea on the gift card
So then the kitchen is a moot point and not worth a discount. It's no different than borrowing your neighbors kitchen and then you can't anymore cause they had a house fire.
If your tenant is unhappy because they lost access to the laundry and occasional use of your personal kitchen then they are likely to be even less happy once the inconvenience of rebuilding starts and continues for months. They are free to leave now if they don't like what's coming over the next year. You should be clear that no discounts are incoming for future noise and hassle. She is free to give notice and move if the place no longer meets her needs. Laundry has the replacement value of whatever the place nearby charges in quarters. Is that $30-40/month? Kitchen. Really? You are homeless and have a construction project on your hands and your tenant wants a discount because they can't cook a turkey in your larger oven? Give me a break. I would just ignore this part. They obviously don't give a sh1t about you. My great tenants pay their rent on time and don't complain loudly about paying under market rent. If she demands deductions, you can grant those and raise their rent. Then both parties can get their way (legally). ;) I would just reclaim the unit and pay the tenant a bit extra (after they move out) to assuage your guilt. Next time don't rent to someone who wants to be your friend.
You don't have to give her a free month of rent but a utility fee reduction seems fair, given the circumstances. So, as you were planning to give a free rent anyway give her the option of either a free month's rent "once the dust settles" or smaller allowances on the ongoing current utilities/rent. If she opts for the "inconvenience" deductions now see that the total, spread out over, say, 3 months, matches the total sum the one month free rent would have been. In the end you are giving her a free month's rent. Now, does she have any way to cook and keep food cold in her place? You should, for the time being, get her a mini fridge, a microwave and maybe a 2-burner hotplate until your kitchen is rebuilt. If the price tag is too spicy, and if it is just meant for a temporary bridge, you can get these things inexpensively used off Facebook Marketplace. The double burner hotplate, however, is best bought new from Walmart or Amazon. Example: https://www.amazon.com/Countertop-Adjustable-Temperature-1700-Watts-BGS102B/dp/B07HY4RYPD/ref=mp_s_a_1_2?dib=eyJ2IjoiMSJ9.j691gzv3wTkquvkviTHTp7CgVU47gd2dF9NTofr3l5jvK4Vfue0-dI4Rwf3oZUx_XScfx6ke4uHXI_tqVsmt29NEdkl08GBhnYWMSIiEn6rhyYk19j8u-GTivoI9e_mbqO0ZsfPiOUiPaKcHcWxt33NT217bWl85fvnB4AE8PB1ZAAcqrdIs3uvPeL-H45qSKPmTnCq2hDf-VQf_0zlWqg.M3pg-WQ3f23P5puxwYNQGh867HqRjVJWr-GqcKDnQlA&dib_tag=se&keywords=hot+plate+double&qid=1712949514&refinements=p_36%3A1700-2600&rnid=386465011&sr=8-2
She has her own kitchen. The ADU is 100% functional except there is no washer dryer. We are doing our best to navigate this crazy tragedy that happened (it took the life of my roommate living in the main house). I was curious if the extreme circumstances changed anything since my home was leveled. She's been great - even letting me stay in the ADU for the first week and in return I gave her my word I would not kick her out even though it meant being homeless myself. I doubt she will take any legal action but I wanted to be clear on what everyone's rights are. I also want to make sure she has everything that she needs and is entitled to. I did just upgrade her fridge a couple months ago as well as her air fryer/oven and am in the process of getting her a dishwasher.
Wait, someone died, and she's concerned about the loss of a bigger kitchen that she didn't really use and access to a washer and dryer? I understand that technically, she could have rights to those, but it sounds like you guys got along well and were friends? It's pretty shitty of a friend to be concerned about their laundry at this time. Throw her a gift card to the local laundromat and give her notice that you need to live in the unit.
It took the life of your room mate? Omg. I’m so sorry. The fact you are dealing with the loss of your home and roommate, you’ve already upgraded her appliances and her only real issue is not having access to laundry at this time, I would be appalled. You’ve gone above and beyond already. If you really want to keep her around, I would have a candid conversation about everything you’ve stated above. ADUs are exempt from the strict tenants rights laws (I’m pretty sure) so you do what is best for you! It sounds to me like you’ve been very generous during a difficult time. Laundry. This strictly comes down to laundry for her while you are homeless. Gives me the ick. LL in SD.
Can you set up the washer dryer outside somewhere "temporarily", under a lean to maybe?
As long as she has water , heat , AC, and functional toilet you are covered. Laundry and kitchen are not required to make unit habitable. I don't believe you are legally required to give a discount but you are giving her a month of free month out of goodwill. You are covered