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Updated 12 months ago, 12/06/2023

User Stats

39
Posts
22
Votes
Marc Globensky
  • Property Manager
  • Phoenix, AZ
22
Votes |
39
Posts

B unit Tenant filed Department of Health complaint to try and get out of lease early.

Marc Globensky
  • Property Manager
  • Phoenix, AZ
Posted

Hey all,

Thought someone would find this story helpful or entertaining at the very least. Also advice is also welcome.

A little bit of background on me my experience and the tenant. I have been managing Retail, Office, Industrial, Section 8, and SFH/MFH properties in Phoenix since 2018 and have seen some wild shhhh-tuff. The craziest thing I've seen though is in my wife's rental. I do not understand it but literally every single thing that I've dealt with in my several years of property management I have had to apply to my wife's home... Yes, we did pay 4k for an inspection prior to close and none of this stuff came up.... Here's a list that totaled to this year alone being 35K and growing worth of repairs:

1) Replaced both furnaces from tenant damages 2 times.

2) Replaced stolen AC units from previous seller stealing them.

3) Repaired duct work in multiple locations from previous owner improper installation plus wear and tear.

3) During covid I went through 3 property managers because they refused to evict a tenant that ultimately didn't pay rent for 6 months and cost us over 10k in unit turns. Part of this was why I went through 1 of the 3 property managers. They decided to make a 5X5 box for a closet in one of the bedrooms instead of knocking a wall out and closing the other sides sliding door that was originally the closet.

4) B unit panel was damaged by someone likely the tenant and has wires dangling out and now we have to replace and update it.

5) A unit didn't have the right switches and amp levels, so a panel upgrade was completed to support the newer AC system that was installed.

6) B unit flushed their childs diapers down the toilet and clogged the unit up and we ended up having to spend 6k on having a plumber come in exuviate adn reinstall a new sewer cleanout.

7) Replaced every toilet due to damages/wear and tear and had multiple roof leaks from upper unit to lower unit. 

8) Due to the leak ended up having sewage remediation company come out and rip out drywall, carpet, faming, and plumbing.

9) Due to the toilets and sewage am still currently working on replacing the carpet which was brand new due to the unit turn... 

10) The tenant in unit B cut holes in the walls of the exterior of the home and because they leave food out in their kitchen, we now have rats in our walls and a random racoon.

Now before I go on to the last major item note that most of these issues are completed and were completed in under a week. The roof leak and toilet repairs have taken quite a bit of time due to insurance company issues but was still done in under a month. The only issues still needing done are the carpet reinstall and following up on the rates and racoon to make sure they aren't back in the home. The rats and racoon issue were as simple as repatching the holes the tenant cut out for them with one-way doors and bate traps. Obviously, there are continues efforts to make sure they don't come back but 6k later the issue was told to us to have been resolved by the licensed contractor...

11) Due to the issues the tenant is experiencing with all the random repairs and constant contractor visits he wanted to break his lease. Unfortunately, the IAR lease we used doesn't have an early termination clause instead it states that should they terminate their lease they are liable for the entire lease duration. Which is over 16k, so I told them if they just gave me a move out date, I would keep their security deposit and call it even... I also informed him that any damages done to his personal belongings are to be covered by him and his insurance as that is what renters' insurance is for and is specifically referenced by an example just like this one in the renter's insurance lease addendum.  Apparently, they didn't like that and filed a complaint with the Department of Health. What they don't know is what this process typically looks like... The DOH won't come in and condemn the property or break their lease unless it's a serious issue. I've dealt with them in the past in Phoenix. What does happen though is the DOH will come in and inspect a bunch and every time they come in and inspect, they find a new bs issue to repair. The issues they gave us weren't that bad either they want us to reinstall the carpet, fix a door the tenant punched a hole through, replace their screen door or remove it, fix a couple of windows that the tenant glued shut, and replace drywall that was completed during the repairs from the toilet leaks (when the DOH inspected the property it wasn't finished yet). If anything, the tenant just pissed me off because they could have brought the issue to me or moved out. Their security deposit is 700 dollars. It's not worth all the drama. I also plan on serving a ten-day notice for all the damages he's caused now. At first, I was going to let it go, but now FUUUUUdge that. Indiana is a weird state though you can't take a tenant to eviction and get the judgement for nonpayment of rent or damages while in eviction court... You have to take them to small claims court and get a judgment. So basically, I'm going to serve him a ten-day notice for the damages for repayment and if he doesn't repair, I'm going to take him to small claims court. either that or he forfeits his security deposit and move tf out.

Also his lease stipulates specifically that the windows are supposed to be able to open and if glued shut or otherwise damaged he is required to pay for the repairs. 

My wife and I have gone above and beyond for this tenant on the repairs and have handled waaaaayyyy more maintenance requests then what's listed here too. I understand his perspective, but he signed a contract. 

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