General non-responsiveness from tenants in adhering to agreement

[Katharina Bormann]

Hello,

How do you handle non-responsiveness from tenants regarding not-so-critical issues. E.g.,
1. If the tenant does not clean up large trash items in the backyard despite repeated requests. The contract says - RESIDENT shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage hauler.
2. If the tenant is dilly-dallying in paying the repair costs for (not wear-and-tear) damage for more than 1 week. The contract says - RESIDENT agrees to keep the premises and all items in good order and good condition and to immediately pay for costs to repair and/or replace any portion of the above damaged by RESIDENT.

3. If the tenant does not keep the basement clean to an extent that it might be attract mice.

The contract does not have any explicit language stating "Failure to do so will results in penalties or such and such...".
I dislike sending multiple reminders. What is the recommended way of handling this?

Thanks

[Kevin Sobilo]

@Katharina Bormann, the responsiveness required likely has to do with how your state laws are with regard to eviction. Perhaps use nonpayment of rent as a general guideline. When a tenant doesn't pay rent, they are violating the lease terms which is what they are doing with most of these other items. In most places that started with a notice to pay rent or get out (pay or quit notice) with a specific time-frame to comply.

So, for items #1 and #3, I would talk to them directly first because I like to treat people like people and communicate directly about anything. However, I would also tell them that the discussion will be followed up by a lease violation warning letter. The letter would state how they need to resolve the issue and the time-frame. In my state you would give a 10 day notice for nonpayment. So, I would probably give 10-14 days for them to resolve the issue as long as that was a reasonable time-frame for them to do so.

For item #2, my lease states that anything they owe me is payable "as rent". Some leases state "payable before rent", but in either case that makes the amount due with the next rent payment. Then if it isn't paid, you have unpaid rent and take action accordingly like you would for any other unpaid rent situation. Again, I would communicate this directly and proactively to them so they were not surprised. If the amount was substantial, I very well might make a payment arrangement with them.