Terminate lease under what grounds??

Question

We have a situation where we just signed with a seemingly good tenent. But now they are making demands to improve the property.  They want storm door locks. Security lights etc. They had also brought a dump a er to remove some debris in tge backyard which wasn't that much and could have been removed with trash. Now they are demanding payment for tat dumpster claiming that there was debris that we should have removed.  They also called and yelled being very disrespectful.  I just see trouble in the future with these guys and want to terminate the lease but not sure under what grounds. Any advice

Kathy Johnson · Answer

Usually there is some language in the lease saying essentially that they have seen the property and accepted that it is in habitable/decent condition.  You can point that out to them and then offer the 'Happy Clause'.  The Happy Clause is essentially that even though you could hold them to the lease, it seems they really aren't happy with the place and you will offer them the chance to give a 30 day notice and break the lease in the interest of letting them find a place that better fits their expectations.  Don't pay for anything you didn't agree to.  Simply point out the lease terms when appropriate.

Nathan Gesner · Answer

In the future, you can prevent these situations with a very clear "as is" claws in your lease that essentially says they were given the opportunity to inspect the property and they are renting it in its current condition without any promises for additional cleaning or improvements.

I would simply write them a very short, clear letter that states the same. Tell them they can accept the property as is, or they can give 30 days notice and find something else. And when a tenant calls you an ex disrespectfully, You need to be strong enough to tell them that that is unacceptable and end the conversation. Try to keep all communication in writing so emotions are not involved.

Marcus Auerbach · Answer

There are probably two sides to this coin. First, yelling or being disrespectful is unacceptable and you need to end the conversation right there. Our standard method of communication with tenants is text. If they call, I text back. The only phone calls are scheduled as appointments (via text) and we also respect that and don't call the tenants.

Second, you are not being asked to paint or install carpet. They are asking for safety features, obvisouly they don't feel safe. Motion lights are pretty standard and we have one or two at every property. We usually upgrade to heavy duty pro-grade LED lights - it is in our best interest as a property owner because it prevents future issues and makes the residents feel save, so they stay longer. Storm doors usually have a lock on the inside; I don't think it would slow me down much, if I were to kick in the front door, but you start to see a theme here - they are concerned about theor safety.

You really should have the yard cleaned up before you rented the place out. The reason I say this is you set the standard of expectation and that should be the benchmark your tenants aspire to. If they ahve to clean up after you, you are setting a bad presidence.

However, you can not accept tenants billing you for stuff. That is a line you can't cross. They make a request, you decide and take care of it how you see fit. It is your property and they are not to make any chnages - next think you get a bill from a contractor they hired!

Gail K. · Answer

So many landlords appear to lack the ability to say "no" to tenant demands.

Gail

Marc Winter · Answer

There's an old saying:  you never REALLY know someone until you marry them or rent to them.

All the responses above give you some good advice.  This is a learning experience you will benefit from going forward.

Dave Poeppelmeier · Answer

We have all had this happen to us. Take it as a learning experience and move on. Storm door locks? If the actual door locks, perfect. Security lights? If they didn't stipulate it when they were negotiating the lease, that's on them. Debris in the backyard? Yes, you probably should have had that cleaned up but the dumpster is on them. It's their job as tenants to inspect the property prior to signing the lease and accept it in it's current condition. At any rate, I agree with people above, give them permission to give a 30 day notice and move on. But if they don't, then stick to the absolute letter of the lease (confirm they have their copy) with no exceptions. Make them pay for any damage to the backyard the dumpster caused, do all communication in email/text as best you can, etc.

Dilini Peiris · Answer

The did the walk-through before the walk-through date. Date was set but they had ordered dumpster eReader of time . Without our knowledge.  We reimbursed them for the light and may replace that storm door. We offered to pay for the dumpster $300 and another $200 to help them move out if they agreed to terminate the lease. They turned down the offer, apologized for the yelling and promised it will never happen again.!! Also said they loved the house and didn't want to move. ( go figure)  we really wanted them out...but they pretty much begged to stay. So we changed lease to monthly.  Gave them a warning that that behavior will not be tolerated.

I have added the as- is clause but need to look into happy clause. Thanks for all the advice.

Colleen F. · Answer

@Dilini Peiris I would not add locks to the storm doors, it encourages people to not close the regular entry door. There is no reason to lock a storm door unless it is the only door you are closing, it is usually half glass anyway.  Of course if you are somewhere where the "storm door" is one of those metal security doors with bars which would have a lock then of course you add one.   I would add a light if that is an issue because that is something they may not have been able to judge without being there in the dark.  The dumpster was an overstretch especially if they didn't even ask for debris removal.  Happy clause is in order.

Deanna O. · Answer

Sounds like a mismatch between what they expect and what you think is reasonable. On the face of it, the simple, relatively inexpensive security stuff doesn't seem particularly unreasonable, but add in extra locks and the yelling and it starts to get uncomfortable.  I've had tenants with use belligerence as a "best defense is an offense" tactic attempting to keep me from confronting them about lease violations.  In that case, crazy-train paranoid texts made it abundantly clear that they had to go sooner rather than later.

Josue Vargas · Answer

Assuming you did not performed an inspection with them at move-in, next time you are in the property do a thorough inspection with them on the property before it goes beyond reach (I would do ASAP).

As you learn more, some people are more particular with things than others, specially the first two months after moving in.  They are getting use to the property.  Is typical.  What is not typical is the yelling on the phone.

Before you have reasonable cause of terminating their contact, try to work with them, avoid telephone conversations, try to communicate with them first via text.  Get some leverage, for example, safety lights: They wanted, they were not in place when they moved in.  Split the cost, lights stay with property, they feel safe, win-win.  Dumpster another story, you said you were about to take care of the rubbish.  Should not be a problem for you, I assume.

I would suggest, be sure you are terminating them because of a breach in the contract.

Terminate lease under what grounds??

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