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Updated over 2 years ago on . Most recent reply
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Complaining Tenants - Options to use against security deposit
I have a tenant that complains about a lot. I have been very nice about fixing everything that concerns her. I just acquired the property in December, fixed it, and leased it in June
There have been a lot of items that they complain about like:
AC not cold enough upstairs (this was repaired)
Sprinkler busted (I believe this is a tenant expense but I fixed anyways)
Water Heater not hot enough (I added a re-circulation pump, and didnt mind doing this)
Saw too many bugs (It overlooks a creek and has a nice backyard view, but with that creek comes bugs so I pay for monthly pest sprays)
Mice infestation (I paid for a comprehensive $6k package to take care of this)
House cleaning (she didnt like the cleaning that the pest control did so I hired full house cleaning for her)
Second house cleaning (for the end of the pest process, I have the maid giving me an update on if they're clean tenants or not)
Mold Inspection (she claims there's mold so I did a mold check and it was 100% clean)
Toilet Leaking (I paid for a plumber but isn't this a tenant expense?)
Drain Clogged ( I paid for a plumber but isn't this a tenant expense?)
The other day she saw a roach dropping, which roaches are common in Texas. She wrote to me that she felt this was unsanitary, and has concerns for her health. Over 1 dropping.I feel like she's using these words strategically to document it. What do I do about this? I told her she could move up her monthly spray if she was concerned but I feel like I shouldn't be notified for every bug
She also complained that there's no cover on the bottom of a small bar fridge, and the dishwasher. This is the only complaint I haven't responded to. Does anyone know the purpose of a cover? She accepted house as-is so that should be good enough, no? I feel like I should just send her a link to Amazon, and tell her that if she prefers covers on her appliances then she should feel free to buy one.
I have already given her a chance to move out and she didn't take it. I'm wondering if there's any way to claim these expenses against their security deposit. My next option is waiting until April when the renting season is hotter and give them another out. Some complaints are justified, but I feel like it's getting to the point where she's finding 100 ways to complain to make my life hard, or if she's going to ask for a credit (she already has).
Any advice would be helpful, along with tips to make my next lease landlord friendly.
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- Real Estate Broker
- Cody, WY
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Quote from @Marc Flynn:
Can you handle the truth? She doesn't want to leave because you're a push-over that does anything she wants. $6,000 for mice?? I have a vacation rental that was mouse infested upon purchase and I ended them in a few months with snap traps, glue traps, and outdoor bait stations. It cost less than $200 and a couple months of cleaning out the dead ones and resetting traps. And I suspect she may have extra bugs and mice because of the way she keeps house.
If you're going to be successful, you need to be clear about your responsibilities and the Tenant's responsibilities. You need it in writing. You need to learn to say "No" or ignore them. You need to be clear - before they apply and before they sign the lease - that they are accepting the rental in its current condition and there will be no promises of additional cleaning or improvements during their lease. If something breaks, and it's not the Tenant's fault, you'll repair it. Otherwise, the paint, flooring, appliances, and bugs stay the same.
If you send me a copy of your lease, I'll review it. Or you can just buy the Lease Agreement Package sold by BiggerPockets under TOOLS at the top of your screen. It's written by investors, for investors, and attorney approved for each state. It's an easy $100 investment.
Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.
- Nathan Gesner
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