Oyy, where to begin. Cat, Broken Door, Lawn, Garage Grill, Late..

Oyy, where to begin. Cat, Broken Door, Lawn, Garage Grill, Late..

Brooklyn, NY · Member since 2014 · 174 posts · 23 votes

I own 1 rental property in Sarasota, FL, I live in NYC. The home has well water and I hired a well maintenance company, the system has had some issues since they moved in. Every time water is restored within 24 hours, but I could understand their frustration. The maintenance guys showed them how to restore water themselves, and 95% of the time it was just a circuit breaker that tripped, but they would fail to check it and reset it, which caused diagnosis of the exact problem to take months instead of days. Ended up being bad underground wiring, which is now replaced. The tenant made a nasty and even threatening call to me 11pm at night the day after the issue with the water system was fixed. I've been as nice as possible up until this point, but its time for me to address issues with this tenant. I'll list them below.

1. Tenant kicked in the side door into garage, resulting in dented door and broken frame. The door was brand new before they moved in.

2. Their dog which is allowed under the lease has clawed the inside garage door that leads into the house, the wood for the door stop is deformed and needs to be replaced.

3. Tenants got a cat without my authorization or even asking or letting me know. Poop stains all over brand new carpet all over house, most likely urine all over, I would have never allowed a cat.

4. Tenant is using a propane grill inside garage. Lease states no hazardous materials, such as flammables or explosive character. Also has a 2nd large propane tank with torch/flamethrower type attachment.

5. Tenant is responsible for lawn care and to keep plants from touching, rubbing or growing on the outside of house. The lawn has not been cut in months, weeds, vines, bushes and everything is overgrown and rubbing, and growing on the sides of the house. Lawn is shot, weeds everywhere.

6. Tenant complained about the HVAC filter not filtering because it is clean, I explained he can get a higher rated filter and it is his job to change the filter. He stood firm on his complaint that the filter is clean and not filtering so why should he change it. I don't care, that's not my problem.

7. Tenant complained about mold because there was a small roof leak which I fixed 2 days after they told me about it. Claims that once water gets on anything there is mold instantly. I treated the sheetrock with bleach, applied mold resistant paint and then color matched the paint. Lease states tenant must provide written notice to landlord if he/she believes there is mold. Tenant is responsible for keeping the house clean, open windows and shades. The house is always a terrible mess, windows are always closed and shades are always down and shut, never got a notice about mold, and I'm sure I mitigated any chance of mold. Not my problem.

8. Rent was late for December, actually rent is always late. Lease states rent is due the 1st, but I did include a 5 day grace period. They always mail it out on the 1st. I usually get it around the 5th. This time, I had to personally pick up the December check on the 12th after 10pm. Old check arrived in the mail postmarked the 11th... I guess I will be charging the late fee of $25, plus $75 per week. Tenant wants the old check back, instead of letting me just write void on it. That was my last straw, WHY would you want me to send you a stupid check back?

So obviously I have a lot of writing to do.

My main questions are this:

Do I write a separate letter for each issue, or 1 or 2 separate letters, 1 for major issues and 1 for minor issues?

Do I mail everything together with the old check in 1 letter CMRR, or each issues gets its own CMRR? I'd imagine if they were not home and they got 8 yellow slips they would likely not pick up the letters from the post office...

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
10y

So many Landlords make the mistake if thinking they can save money by doing everything themselves. It looks to me like you have spent a lot of time and effort dealing with problem tenants that should have been caught in the screening process. Now you have to go through the expense and trouble if finally dealing with them, which will probably cost you far more than a property manager would!

Di yourself a favor and hire someone. It sounds like you have a poor screening process, if one even exists. You are probably renting below market value. And you are dealing with issues from 1,000 miles away. A decemt property manager could everything for you, do it better, and put more money in your pocket.

You've let problems build far too long. When they kicked the door in, you should have dealt with it immediately. Same for every other problem. I say you hire someone to help you straighten out this mess, whether that is a PM or an attorney. Don't wait for them to leave and don't try handling it on your own. Be honest to yourself and admit your short comings or this Landlord thing will ruin you.

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  • Brooklyn, NY · Member since 2014 · 174 posts · 23 votes
    10y

    I should have also mentioned that their lease expires Feb 29th, 2016. They did mention they want to move or buy a house. But after looking at current available rentals and home prices, I don't foresee that happening unless I evict them.

  • Port Richey, FL · Member since 2015 · 8 posts · 2 votes
    10y

    I am not offering legal advice this is strictly my opinion. 

    Are you going to evict them? 

    I would send the check separately. 

     I would also send each violation separately. Each violation allows for different eviction / notice to vacate terms of time. Pretty sure non payment of rent allows a 24 hr or 3 day notice to vacate whereas the pet violations allow 7 days to correct. You may need to use any or all of them individually to build a strong eviction case. Also, the sheer volume of notices will send a strong signal that you are very serious and may break any thoughts they are having of dragging the situation out. 

    I'm sure you know there is specific language recommended by the state of Florida to ensure your tenants rights are not violated. Here is the website that has examples of the suggested language. 

    I just copy and paste each letter example and edit it in the details. Just make sure you use the correct template for each type of violation. Makes quick work of 5 notices lol. Happy Holidays! 

    Florida Legislature

    www.Leg.State.Fl.Us

    Chapter 83 Landlord Tenant 

    Part II

    Example - 

    You are hereby notified that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    10y

    So many Landlords make the mistake if thinking they can save money by doing everything themselves. It looks to me like you have spent a lot of time and effort dealing with problem tenants that should have been caught in the screening process. Now you have to go through the expense and trouble if finally dealing with them, which will probably cost you far more than a property manager would!

    Di yourself a favor and hire someone. It sounds like you have a poor screening process, if one even exists. You are probably renting below market value. And you are dealing with issues from 1,000 miles away. A decemt property manager could everything for you, do it better, and put more money in your pocket.

    You've let problems build far too long. When they kicked the door in, you should have dealt with it immediately. Same for every other problem. I say you hire someone to help you straighten out this mess, whether that is a PM or an attorney. Don't wait for them to leave and don't try handling it on your own. Be honest to yourself and admit your short comings or this Landlord thing will ruin you.

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  • Brooklyn, NY · Member since 2014 · 174 posts · 23 votes
    10y

    Thanks, I guess I will be sending separate letters. It will be a happy day of reading for them when they get all my letters. Also I thought I had 30 days to give notice that I wont renew, but it says 60 days according to florida legislature, so they will get that letter as well.

  • Property Manager · Cumming, GA · Member since 2015 · 261 posts · 199 votes
    10y

    Difficult tenants tend to seek out self managed properties.  Especially when the landlord is over 1000 miles away.  

    First-I would suggest hiring an attorney to wrap up this tenancy.  

    Second-hire a reputable property management company that will protect you and your property.  They will also find a great tenant.  

    Most of the problems mentioned up top could have been avoided.   

    You can go to narpm.org to start the process.

    Good luck!

  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    10y

    One letter stating Breach of Lease, and list all the things to include late rent.

    Another letter of Notice to Vacate at the end of their lease as you will not be renewing.

    Next time they're late, IMMEDIATELY file for whatever the first step of eviction is in your property's county.

    They're trying to boss you around and intimidate you.

    Stop answering their texts or calls so late at night.

    Value your time more than going to pick up the rent in person at some crazy hour of the night. It is their responsibility to get rent to you!

    Change your lease for future tenants to state that you must RECEIVE rent by X date. This way, the whole "the rent is in the mail, you can't give me a late fee or file eviction" is no longer an excuse.

  • Brooklyn, NY · Member since 2014 · 174 posts · 23 votes
    10y

    It is clearly stated that I must receive rent by the 1st, but I also have a 5 day grace period. I will follow the law and they must correct the items on the list if they plan on staying until the end of the lease. If they still have a cat, do not mow the lawn, and do not get rid of the propane tanks, or do not pay rent on time again then I will file for eviction. If they correct everything then they have under 2.5 months left and they can leave.

  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    10y

    Good plan!! Oh, and take pictures especially of the yard, propane tanks, damage, the cat (if you can).

  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    10y

    Tenant screening is so so important as I'm sure you now know!  I always troubleshoot by phone before sending out a tech.  Making sure breaker hasn't tripped is question one for me when something isn't operating.  I understand you were doing that and replaced the underground wiring, but for others I'll point that out.

    I will just comment on my pet policy.  Especially those that have 1 or 2 or however many when  moving in will want to acquire another one.  It's like tats.  So... I started putting in my lease a high pet fee and additionally monthly rent for any unauthorized animals acquired. At least that gives you some teeth when a new cat shows up in your place without your knowledge!  I hope the cat was fixed.  Good luck with your nightmare tenants.  I have been there @Martin S.!

  • Real Estate Agent · Union City, NJ · Member since 2015 · 35 posts · 7 votes
    10y

    @Martin S.

    Hi Marin,

    Sorry to hear about your current tenant problems, but remember it is only a temporary problem and can be fixed and corrected to make sure it doesn't happen again. 

    I agree with the others that you should hire an attorney to aid with the eviction process.

    However because you only have one rental property it seems like a huge waste of money to hire a property management company. I would suggest using the same rental process that is used where we live(NYC). 35-40x the rent, 650+ credit score, and a clean background check. 

    These things happen but they can be prevented.

    Best,

    Tim

  • Brooklyn, NY · Member since 2014 · 174 posts · 23 votes
    10y

    The well maintenance guys already had enough of them. The male tenant threatened the technician and they almost cancelled my contract. They only agreed to continue service if the female tenant would only contact them.

    Every time there was an issue with the water, I did inform them to check the breakers. They said it was off and they would not turn it back on. The technician would have to come the same or next day and check the entire system and then flip the circuit breaker back on. I paid $400 for an electrician just to diagnose the wires from the breaker box to the well pumps. He tested them and said they were fine and wrote it on paper. Now a month later there was no power through the lines. The same technician wrote me a paper that they are bad, and the cost to replace would be $1900. I did it myself for under $100 in parts.

    I don't mind fixing stuff myself, the hassle is that these tenants would not flip a circuit breaker. Where have they lived all their lives that they never learned to check and flip circuit breakers? If it would have been a consistent problem, it would have been fixed a long time ago, but the technician could not pin point exactly what was causing the breakers to flip, and because it would only happen once a month it was impossible to blame it on the wiring at that time.

    In Sarasota and most of Florida you can easily screen tenants online. You can find every criminal offense all the way down to minor traffic violations. You can see marital records, property records, pretty much any court related record online for free. I should have called their previous landlord, but my mom who actually screened them said they were very nice people (last time I rely on my mom to judge a tenants character). I take drivers license pics and a copy of tax returns. I'm a finance guy and the taxes checked out, so it seemed ok.

    I did meet them a month or so after they moved in, the male tenant said that his girlfriend is the cleanest person he ever met, so I was hopeful. They are now having relationship issues and the house is suffering along with them, its really messy, not like a crack house, but everything is on top of counters, dirty clothes piling up, floors haven't been washed in months. I feel like they expect housekeeping to magically show up and bleach the bathroom and clean the house.

    Neighbor said that police were there like 4 times for domestic violence, but I guess no charges were made. The female did have a dwi pop up while living in my property... Whatever. I am ready for new tenants, of course this time I will have a stricter pet policy, late policy and have them pay for lawn service instead of relying on them. Live and learn. It wasn't that bad, but you better not call me 11pm complaining about mold and an air filter you should have changed and then not take care of my property like you agreed to do. I'm not a magician to be able to predict when a wire underground will go bad and cause water to stop flowing, it can happen to anyone.

  • Lender · Milwaukee, WI · Member since 2014 · 119 posts · 62 votes
    10y

    Don't send the tenant anything.  Hire a landlord tenant attorney in Florida.  Send them your lease and rental documents, tell the attorney that you want to make sure that the tenant moves out at the end of your current lease, and ask them to handle sending any  notice required to do so.

    Evicting now is not worth it--you have two months left on the lease.  If they are still in the house on March 1 then file for eviction.  Money spent on an attorney to help you now will be money well spent.  Learn from the process and you will be a better landlord for it!

  • Property Manager · Cumming, GA · Member since 2015 · 261 posts · 199 votes
    10y

    I came across this guide put out by Fannie Mae a few years ago that has lots of great information for all of us landlords and property managers.   Whether you self manage, use a management company, are a first timer, or have 1000 units, it is a quick easy read to help get your ducks in row.  

    You can google "Becoming a Landlord by Fannie Mae" or hit this link to our site for a copy. 

      http://www.platinumrentalproperty.com/pdf/landlord...

  • Brooklyn, NY · Member since 2014 · 174 posts · 23 votes
    10y

    Thanks Phil

  • Brooklyn, NY · Member since 2014 · 174 posts · 23 votes
    10y

    @ Peter. I dont think we are at the point where I need a lawyer just yet.

    I'm pretty sure I should send out the letters and give them a chance to cure all the issues. If the issues are not cured by the cure period that would be a time when I can hire a lawyer, and I can remind them as per the lease agreement that they would be liable for any legal fees.

    If I wait too long, their security deposit may end up too small to cover potential damage, especially while moving out. And if I would try to take large deductions, especially if I had not sent any letters asking to cure the issues, a judge may be more likely to side with tenant. If I had to pay a contractor to replace the door, it would count as additional rent, per the lease, and if I waited until they left, I would have to deduct from the security deposit. I'm sure carpeting in the house is going to be over $1000. I will allow them to cure the cat problem by also obtaining professional carpet cleaning which specializes in cleaning carpets with cat urine and soil, and perhaps a warranty against cat odors.

  • Financial Advisor · Elmira, NY · Member since 2015 · 132 posts · 67 votes
    10y

    Your call, @Martin S.

    Whatever you choose to do, do document everything that you can.

    My two cents, call a local-to-the-property landlord lawyer *now* and give a brief outline of the situation, there may be specific steps the local court wants/likes to see.

    To me, sounds like these folks are troublesome.  I wouldn't assume they will cure anything, or that cleaning the carpet now will mean it is clean when they leave.  They may also use the water issue (or some other issue) to justify withholding the added rent you ask for.  With the info you've shared, I'm in the camp of giving them notice that you are ending their tenancy at the end of the lease.

    If you are not going to hire a local PM, see if you can distance yourself a bit emotionally - sounds like they have gotten under your skin if they have damaged your property and what really bugs you is their asking for their check back.  If I were a betting person, I would bet they won't just move out at the end of their tenancy and that you may be headed for a holdover eviction...I hope I am wrong!

  • Brooklyn, NY · Member since 2014 · 174 posts · 23 votes
    10y

    Whats a reasonable fee/penalty for having a cat in a house that is pretty much all carpet, likely close to 1200sf of carpet? They found the cat as a stray kitten, it is now fully grown and likely not trained evidenced by all the stains on the carpets.

    These carpets are new, installed by seller right before I purchased the house a year ago.

    I was thinking $800 or higher...

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    10y
    Originally posted by @Martin S.:

    @ Peter. I dont think we are at the point where I need a lawyer just yet.

    I'm pretty sure I should send out the letters and give them a chance to cure all the issues. If the issues are not cured by the cure period that would be a time when I can hire a lawyer, and I can remind them as per the lease agreement that they would be liable for any legal fees.

    If I wait too long, their security deposit may end up too small to cover potential damage, especially while moving out. And if I would try to take large deductions, especially if I had not sent any letters asking to cure the issues, a judge may be more likely to side with tenant. If I had to pay a contractor to replace the door, it would count as additional rent, per the lease, and if I waited until they left, I would have to deduct from the security deposit. I'm sure carpeting in the house is going to be over $1000. I will allow them to cure the cat problem by also obtaining professional carpet cleaning which specializes in cleaning carpets with cat urine and soil, and perhaps a warranty against cat odors.

    I believe you absolutely need a good lawyer NOW who specializes in landlord-tenant law for your jurisdiction. This is a mess and you don't seem to have the property management experience necessary to handle tenants of this nature. You need to focus on getting them out as soon as possible and mitigate any further damage.

    The security deposit will not be enough to cover the damage they have already done and they are likely to do more damage once they know you are not renewing the lease. They will have little to lose and probably won't care about you or your property. I highly doubt they will "cure" the violations and curb their destructive tendencies. How often have you done maintenance inspections? I'm afraid you have seen only the tip of the iceberg regarding damages, especially since the place is full of their stuff.

    Not addressing issues as they arise, not serving appropriate notices for lease violations in a timely manner, not charging for damages as you discover them..... you are in a world of hurt.... and I feel for you. You don't have to go it alone and shouldn't try at this juncture. By hiring the attorney now you will be able to distance yourself from this and know that all legal notices to comply or cure are served correctly. The attorney will do things in a manner that will set you up for a win in court, if it were to go that far. Good luck.

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    10y
    Originally posted by @Martin S.:

    I own 1 rental property in Sarasota, FL, I live in NYC. .... its time for me to address issues with this tenant. I'll list them below.

    [Part one of how we would approach each of your issues....]

    1. Tenant kicked in the side door into garage, resulting in dented door and broken frame. The door was brand new before they moved in.

    [Calculate the cost for repair and invoice the tenants for this. Do the work now as the damage affects the security of the house.]

    2. Their dog which is allowed under the lease has clawed the inside garage door that leads into the house, the wood for the door stop is deformed and needs to be replaced.

    [Calculate the cost for repair an invoice the tenants for this. Do the work after they have moved out, as the dog damage is likely to happen again. Review the terms of your pet policy.]

    3. Tenants got a cat without my authorization or even asking or letting me know. Poop stains all over brand new carpet all over house, most likely urine all over, I would have never allowed a cat.

    [Serve a Seven Day Notice to Cure or Vacate. If your lease agreement includes a clause that allows you to charge a violation fee for this breach of the contract, invoice for it. Cat damage can be extensive, especially with kittens and cats that have not been neutered/spayed. Estimate the damage and invoice the tenants for this. You may be looking at removing the carpet and pad, cleaning the subsurface and applying an odor/stain blocker such as Kilz or Zinsser. Also, some baseboards, trim and drywall may need to be replace, depending on the extent of the damage and urine saturation.]

    4. Tenant is using a propane grill inside garage. Lease states no hazardous materials, such as flammables or explosive character. Also has a 2nd large propane tank with torch/flamethrower type attachment.

    [Serve a Seven Day Notice to Cure or Vacate. This is a fire/safety hazard.]

    5. Tenant is responsible for lawn care and to keep plants from touching, rubbing or growing on the outside of house. The lawn has not been cut in months, weeds, vines, bushes and everything is overgrown and rubbing, and growing on the sides of the house. Lawn is shot, weeds everywhere.

    [Serve a Seven Day Notice to Cure or Vacate. They may not be able to cure this in seven days, so offer them the option of contracting with a landscape service (either arranged by them or arranged by you) at their expense.]

    6. Tenant complained about the HVAC filter not filtering because it is clean, I explained he can get a higher rated filter and it is his job to change the filter. He stood firm on his complaint that the filter is clean and not filtering so why should he change it. I don't care, that's not my problem.

    [HVAC should be on your regular maintenance list. You need to care about this or it will become a problem for you. We don't allow our tenants to mess with the HVAC and we replace the filters on schedule because tenants rarely do what is required to keep the furnace functioning properly. This is one area where I relieve the tenant of any duty and tend to it myself. Be sure the furnace is serviced every heating.]

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    10y
    Originally posted by @Martin S.:

    I own 1 rental property in Sarasota, FL, I live in NYC. .... its time for me to address issues with this tenant. I'll list them below.

    [Part two of how we would address each of your issues...]

    7. Tenant complained about mold because there was a small roof leak which I fixed 2 days after they told me about it. Claims that once water gets on anything there is mold instantly. I treated the sheetrock with bleach, applied mold resistant paint and then color matched the paint. Lease states tenant must provide written notice to landlord if he/she believes there is mold. Tenant is responsible for keeping the house clean, open windows and shades. The house is always a terrible mess, windows are always closed and shades are always down and shut, never got a notice about mold, and I'm sure I mitigated any chance of mold. Not my problem.

    [Document when the leak likely occurred, when the tenant reported it or when you discovered it, when you fixed it. Document in writing and with photos the condition after repair. Mold does not occur instantly. Federal law requires landlords to provide information to tenants about the prevention and clean up of mold.... order the EPA booklet "Mold and Moisture in the Home" available by website download or as a pamphlet. Get information for all parties concerned. If the sheetrock was water damaged between the roof and the ceiling, it might have needed to be replaced. However, if the leak was brief and there was sufficient heat for the moisture to dry out painting may be sufficient to take care of the stain. If mold had already rooted itself in the sheetrock, it would need to be replaced. Surface mold can often be effectively cleaned off non-porous surfaces. The back of sheet rock is not non-porous.

    The condition of how well the tenant keeps the home is a separate issue and can be addressed with a "Notice to Cure or Quit" when you have effectively set expectations in the lease agreement. Saying something is "Not my problem." almost always guarantees it will become your problem. Address this appropriately as soon as you discover the problem.

    8. Rent was late for December, actually rent is always late. Lease states rent is due the 1st, but I did include a 5 day grace period. They always mail it out on the 1st. I usually get it around the 5th. This time, I had to personally pick up the December check on the 12th after 10pm. Old check arrived in the mail postmarked the 11th... I guess I will be charging the late fee of $25, plus $75 per week. Tenant wants the old check back, instead of letting me just write void on it. That was my last straw, WHY would you want me to send you a stupid check back?

    [If you allow a grace period, honor it graciously. The first day past the grace period is when you need to serve the "Pay Rent or Quit". If you have established late fees, according to your lease agreement, invoice for these at this time. Like clockwork. Save the postmarked envelope and make a copy of both checks for the record. The request from the tenant regarding the check you will not be cashing is reasonable. Write void on it and mail it back to them as requested. Gain good will whenever you can.]

    So obviously I have a lot of writing to do.

    My main questions are this:

    Do I write a separate letter for each issue, or 1 or 2 separate letters, 1 for major issues and 1 for minor issues? 

    [Follow landlord-tenant law for your jurisdiction on the proper way to serve legal notices. This may require proper service (hand-delivered), and/or mail & nail (posting on a conspicuous spot on the premises. Invoice for the damages. Invoice for the violation fees. Here is a link on how to do write legal notices in Florida. http://fl-landlord.com/downloads/preparing-a-seven...  ]

    Do I mail everything together with the old check in 1 letter CMRR, or each issues gets its own CMRR? I'd imagine if they were not home and they got 8 yellow slips they would likely not pick up the letters from the post office...

    [Unless landlord-tenant law for your jurisdiction requires it, don't send certified mail return receipt requested or at least don't rely solely on this method. CMRR usually means something legal and something bad is in the envelope. Many tenants will not sign for it, at the door or at the post office, and you can not afford taking that risk. You need to serve notices property, by hand and/or by posting and mailing. Here is a link on how to serve legal notices in Florida. http://www.nolo.com/legal-encyclopedia/eviction-no... ]

    Note: Since the lease term is almost up and you have already decided not to renew the lease, consult with an attorney before taking action. An attorney can guide you in proper procedure or do the work for you. At this juncture, you need to anticipate that every move you make will result in a countermove from the tenant. Be prepared for their countermoves. It's like a chess game... anticipate many moves in advance. If you understand tenant mentality well and have good negotiating skills, you may be able to make it a win-win. Both parties may need to compromise some for that to happen. It would also require both parties to maintain respectful, open and honest communication. Good luck.

  • Brooklyn, NY · Member since 2014 · 174 posts · 23 votes
    10y

    Thanks Marcia. The leak was short term I guess. I went into the attic and the top of the sheetrock was dry and not discolored. The inside was slightly discolored, obviously if water is going to go through shingles, then run down wood, through insulation and into sheetrock it will not be crystal clear anymore. I did bleach the stain, wait for it to dry, use mold resistant paint, and then painted again to match color. (all after I fixed the hole in the roof) I will definitely order that booklet though.

    I could understand your argument for having the landlord change the HVAC filter. But the issue is that I am 1200miles away, and I don't go there regularly. I would go in an emergency, like a roof leak, or a water problem that couldn't be fixed easily, but not for changing an HVAC filter that would take a normal guy 2 minutes. It is also clearly spelled out in the lease that they change the filter. There is no furnace, its a condenser and blower unit with a heating coil inside, all electric. The problem was that the filter was clean, likely rated MERV 1. I told him to get a higher rated filter if he wants better filtration of the air, but I guess he doesn't understand that there are filters that filter smaller particles and will get dirty faster like a MERV 11, even though I told him 5 times, maybe he was just drunk (bar owner)...

    I'm still trying to figure out what the pet penalty for the cat should be, it is in the lease but it says that its up to the landlord to decide what the penalty should be. I'm worried that the carpeting, which was new, will now need to be replaced, but of course I will not put in carpeting again, I will likely do tile or laminate wood.

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    10y
    Originally posted by @Martin S.:

    Thanks Marcia. The leak was short term I guess. I went into the attic and the top of the sheetrock was dry and not discolored. The inside was slightly discolored, obviously if water is going to go through shingles, then run down wood, through insulation and into sheetrock it will not be crystal clear anymore. I did bleach the stain, wait for it to dry, use mold resistant paint, and then painted again to match color. (all after I fixed the hole in the roof) I will definitely order that booklet though.

    [Sounds like you are good on that. It is not uncommon for tenants to misunderstand mold and mildew. Mold spores are everywhere, but the conditions have to be right for them to take hold and grow. When a tenant mentions the M word, I check it out, educate and move on.]

    I could understand your argument for having the landlord change the HVAC filter. But the issue is that I am 1200miles away, and I don't go there regularly. I would go in an emergency, like a roof leak, or a water problem that couldn't be fixed easily, but not for changing an HVAC filter that would take a normal guy 2 minutes. It is also clearly spelled out in the lease that they change the filter. There is no furnace, its a condenser and blower unit with a heating coil inside, all electric. The problem was that the filter was clean, likely rated MERV 1. I told him to get a higher rated filter if he wants better filtration of the air, but I guess he doesn't understand that there are filters that filter smaller particles and will get dirty faster like a MERV 11, even though I told him 5 times, maybe he was just drunk (bar owner)...

    [That makes sense. Do you have someone local who could do your periodic maintenance inspections and change the filter at the same time? You could also purchase a box of the right kind of filters and they might change them and not complain. Or at least buy them an "example" of what you recommend. Since they have pets, filters will need to be changed more frequently. Also, appliances will need to be cleaned more frequently and ducts too. The hair from pets gets everywhere.]

    I'm still trying to figure out what the pet penalty for the cat should be, it is in the lease but it says that its up to the landlord to decide what the penalty should be.

    [Our unauthorized pet fee is $50, if that helps. Plus damages. That is charged per pet, per occurrence. Next time, define your fees in your rental agreement. Works as a deterrent and they will know what to expect. We also charge a $50 fee for unauthorized occupants, unauthorized changing of locks, smoking on premises, tampering with the function of smoke/CO detectors, tampering with the electrical system, tampering with the plumbing system, tampering with the HVAC system. ]

    I'm worried that the carpeting, which was new, will now need to be replaced, but of course I will not put in carpeting again, I will likely do tile or laminate wood.

    [Try luxury vinyl plank flooring that looks like hardwood. It clicks together to be 100% waterproof and is very durable. Search for "flooring" on BP and you will find a great tread from a couple of years ago. The laminate doesn't hold up as well with heavy traffic and/or pets. Tile is popular in warm climates, so might be perfect for your place in Florida.]

  • Brooklyn, NY · Member since 2014 · 174 posts · 23 votes
    10y

    Sent 6 notices. should get there 12/26, Priority Certified Return Receipt $12 each... I guess I will start looking for a lawyer now, just in case it turns nasty. Will post back how it goes.

  • Brooklyn, NY · Member since 2014 · 174 posts · 23 votes
    10y

    In case anyone was wondering. Those tenants are long gone. They got their 60 day notice and left when their lease expired, I guess 6 notices and a lot of legal text can be a real eye opener, lol. They expected me to cut them a check for their security deposit when I came to pick up keys, NO WAY, I kept it ALL, I even waited till the last day to send them their notice/statement regarding their outstanding balance for damages, lol! Neighbor told me they had monkeys in the house! Unbelievable... Had to get rid of all carpet in the house, but once I finished putting in the new flooring and had it listed I had 3 good applicants within 3 days, great tenants even paid the whole year upfront at over 10% more than what previous tenants paid, rents keep going up fast! I even did a HELOC while I was doing the flooring, lol.

    I didn't bother wasting my time with a lawyer. There was no need. If you read and know the law and follow it, you don't need a lawyer, unless you need more time for yourself...

  • Real Estate Broker · IL · Member since 2016 · 284 posts · 178 votes
    10y
    Glad to hear they are gone!
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