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Updated about 2 years ago on . Most recent reply

User Stats

8
Posts
1
Votes
Amber Spence
  • Jupiter, FL
1
Votes |
8
Posts

Nightmare tenant, help!

Amber Spence
  • Jupiter, FL
Posted
Hey everyone, My husband and I had the tenant from hell in our single family home. We also hired a management company to manage the property. (Our first time as landlords, we outsourced to make sure we did everything right and was protected). Back in the spring we found out through our neighbors that tenants room mate was planning to move out 4-5 months early and tenant was worried she wouldn't be able to keep paying rent. A few weeks later tenant also advised management company that a sliding door locked itself while she was outside. management company sent out a company to fix. Repairman rebuilt the tracks. Tenant stated it wasn't locking properly after that. Repairman came back out and stated the whole frame needed replaced but no one would come out and do it. The management company was in the process of getting quotes (update the same door is still on and works and locks just fine!). The house also has a working alarm system. My husband and I payed the bill for the track rebuilt but were never notified of the additional complaints (until 2 weeks ago) So when the tenant was away someone broke into the house and stole two lap tops and a xbox. She didn't file a claim or a police report until weeks later, she didn't even notice. We never received a claim of door or window damages-none occurred. She later told our lawn guy the person that broke in was her ex workout partner. (The house is in an incredibly safe neighborhood as well). We all suspect it was staged so she could break the lease when her roommate moved out. Flash forward to the end of her lease, she started threatening law suites before she moved out that if her deposit was not returned in full she would be suing for any and everything. She did about 2k in damages to the house (chipped door frames, ink on walls, scraped up stair cases, etc). She also had a trampoline that killed a large patch of grass. We hired an attorney that advised giving back everything that could be a gray area so we agreed to give back everything minus the cost of resodding the area under the trampoline that is clearly stated in the lease. We also ask she sign a release that if we give her back her (undeserved) full deposit minus the small grass charge there will be no future law suites and everything could to put to rest. She agreed to these terms then the next day stated no deal she wants it ALL back as well or she is filing a law suit against the management company, us and our homeowners insurance for liable (nothing to do with her deposit). She's refused to take responsibility on ANYTHING. My husband and I and the management company are all beside ourself and our management company who has a portfolio of 400+ properties stated they have never dealt with anyone like this in all their experience. We do NOT want to give her back anymore because of how awful she is being and how much of the damages she caused we already absorbed. We also don't want to spend 10-20k in court fees over a cost to resodd a small area. but we don't want to let her get away with bullying/threatening everyone (which is exactly what she's been doing). It's clear she is desperate and after a money grab. Has anyone ever been through anything similar or have any advice? Thank you!!

Most Popular Reply

User Stats

111
Posts
95
Votes
Lisa Hoover
  • Specialist
  • Charlotte, NC
95
Votes |
111
Posts
Lisa Hoover
  • Specialist
  • Charlotte, NC
Replied

First, get a new pm co--- NEVER NEVER rent to roommates... one always leaves. My policy is when roommates apply, each has to qualify income-wise independently.

I would just ignore her. It's done. You did way more than the 'right thing'.
Let her sue.
No one died in the home, so try to keep perspective.
This tenant has no money for attorneys or filing.

She's all talk...illogical offensive behavior to distract you in the hopes to milk a few more dollars out of the deal.
Does your lease state: "mandatory mediation vs court?"
If not, you need a new pm co.

I had a tenant in a $300,000 house (in an upscale neighborhood in Charlotte) that saw a garden snake whisk thru the backyard in summer and decided he would use BUSHKILL to completely remove every blade of grass in the formerly lush backyard. When he moved, i was left with bare tree trunks and 1/3 acre of red mud . He demanded his sec dep returned.
His $2200 sec dep no where near covered new landscaping. My handyman and i made 4 trips to the dump to haul off the bags of trash this family left ( they started packing about 10am on the last day of their lease).
Yep they sued me. I went to court and listened to them ramble and when it was my turn to speak all i said was "Your honor, please review Item 12 on our executed lease as we agreed on mediation vs court for any disputes."
""Yes Mrs Hoover i see that, thank you, this case is dismissed."

Know your lease. Insure your pm has a landlord friendly lease.

IF your lady tenant ever scraped up the money to file a complaint in court, highly doubtful, have LARGE 10 x 12 photos of the damage.Stand your ground. Send the PM co to deal with their tenant choice.
PM Cos carry insurance to protect them if they make mistakes (which happens to all of us).

I still don't understand why you are involved
or thinking about court if you hired a PM Co.

I would review the screening package results from the pm co... this can't be the first time the problem child tenant has misbehaved. It doesn't sound like you are holding this PM Co accountable.

If they have 400 properties , i find it interesting they've never "seen this before" in all their years of experience. Tenants are basically crazy at all rental price points... there are just way MORE crazy ones when rents are $1100 and less.

PM as a business is a high liability endeavor. The pm co has to have an attorney on retainer at all times ( even if it's just a " "LEGAL SHIELD."
membership ) to advise them along the way so these issues are stopped before they snowball into an annoying nightmare.
RE Professionals also have free access to a team of attorneys at their State Real Estate Commission.

I know this EX-Tenant is annoying, but don't let this fruitcake age you prematurely. We are all on a learning curve, but this is a PM CO PROBLEM,
not yours.

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