Tenant Issues Post #21957

[Peter D.]

Hi guys,

I am posting today because I need some advice about what to do with my tenant.  I am a new landlord and have asked many people's advice only to hear many conflicting theories.  Here's the story..

Basically I moved out of my first home and turned it into a rental, and bought a new house.  This was two months ago, and my tenant has given me hell since day 1.  First warning sign was she paid first, last, security ($4600 total), in like 7 money orders.  A normal person would write 2 checks or whatever.  Then week two we find a dog on the property, a pitbull no less.  She explicitly told us she doesn't have any pets and filled in the pet area on the lase with "N/A".  So my property manager calls her and we agree to let the dog stay if she will pay a $500 nonrefundable pet deposit.  She says cool, but she wants to pay $100 a month for 5 months.  We agree to that, and on we went.

The girl then fails (refuses) to put the water bill into her name.  So we have to pay it, itemize the days, and submit this amount along with the rent due every month.  Total pain in the ***, which she has not rectified and would be difficult to evict over.  Okay it is what it is.  Now on to the next item of business, she moved her brother into the outside bedroom.  This guy is not on the lease and sharing any responsibility, but he gets to use the house.  When we press her on this issue, she swears nobody is living with her.

Okay so let's keep going.  When the first month's rent is due, she doesn't have it.  She says she thought the lease started from the 22nd, not the 16th.  Mind you, she moved in on the 17th of October.  Anyways there's a 5 day grace period in the lease, so she really has until the 21st every month before we can serve her with the 3-day notice.  Of course she doesn't pay.  We hit her with the 3-day notice and she loses her mind, harassing my property manager with insults etc etc.  On the 4th day she pays up.

Now we are in the next month, and we have gone through the 3-day notice, today is day 4.  Tenant is telling us she will not pay the rent because of the $62 late fee (as written in the lease), and the $100 dog fee included in the bill.  She swears she does not have a dog, and won't pay the fee, lol!  We just saw the dog there a few days ago when we installed a new dryer machine.  We said we would remove the fee if she signs an affidavit swearing there is no dog at the house... but we have yet to receive anything from her.

So if you could, please tell me how to proceed with this tenant.  I am scared to accept the rent without the late fees built in, as this would establish a bad precedent.  Also eviction is a bit daunting as a first time landlord in literally month 2 of the lease.  Paying all of those turnover fees as well as having an adversarial tenant in my property for 2 months doesn't sound fun.  She could do some real damage to the place.

My first idea was to do that magical eviction where you offer like $500 in cash if the tenant is willing to move out in 1-2 days.  Then give them the cash and make them sign something saying they are walking away from the lease, blah blah.

2nd plan is eviction, but this tenant has a realtor friend who I'm sure would love to jam us up in court for 3-4 months while this douchy tenant destroys the place.  Not a great option either.   3rd option is to "work with" the tenant and see how it goes.  Any suggestions or advice you guys have would be invaluable!!!  

Pete