Tenant Threatened Destruction to Property

[Greg Franck]

Hello All,

  I am hoping to get some advice from the community on dealing with this situation.  My wife and I management several home in the STL, MO area.  Yesterday I was on site to install a new fire extinguisher in one of our properties.  This tenant has historically had issues with management being on site for any reason and always insists on being present.  It was also found Friday that the tenant is delinquent on utility bills.  During the visit while I was installing the extinguisher my wife addressed the default issue and the tenant became enraged.  Cursing and slamming doors.  We immediately removed ourselves from the situation however on the way out the tenant made the following statement verbatim " You have a lot more to lose that me.  All I have is first months rent."  She had also made a statement around who knows what she can do when we aren't present.  My lease agreement is written to allow me to access the home at any reasonable time.  Secondly I have a section outlining Default by Tenant as the following: 

10. DEFAULT BY TENANT

In the event of a default by Tenant of any rent payment or in the performance of or compliance with any agreements contained herein, Landlord shall, without demand, be entitled to possession of the property. Tenant shall, upon written demand by Landlord, quit and surrender said property to Landlord. Tenant’s obligation to pay rent for the full term shall not be terminated, provided however, that Tenant shall be entitled to credit for any rent thereafter collected by the Landlord for re-renting said property during any part of the balance of the term hereof, less any expenses in connection therewith. The remedies provided for in this paragraph shall be in addition to the other remedies provided for herein or as provided by law.

There is also specific lines in the lease around payment of the utilities.  Obviously I just want to get her out of the property, I know the lease agreement states that I can take possession however i ma not sure that she would go willingly and would cause legal proceedings as result.  I would ideally like to avoid legal proceedings or an eviction process, however I am prepared to go down this road if that is the recommendation.  My initial plan of attack is this.

- Send notice of the interaction and outline the concern specifically around the threat of property discussion to memorialize the incident.

- Inform the tenant that due to the threat of property destruction weekly inspections will be held to determine tenants performance under the lease.  (Reasonable times to be met)

- Offer the tenant termination of the lease agreement within 30 days with forfeit to any prorated rent or security deposit refund.

For those of you with experience in similar situations please let me know your thoughts here.  We have dealt with difficult tenants in the past however none that threaten destruction to property.  Thank you for any support that you can provide.

[Joe Splitrock]

@Greg Franck from what you say, she didn't really threaten to damage the property. That may have been her implication, but wasn't directly threatened. I agree she is trouble and you want her out, but you also want to be careful to do it legally.

I would try talking to her. Explain that the way she was yelling at you and using language indicates she is not happy with you and therefore you are willing to let her out of her lease. Then be quiet and let her talk. She may say yes I want to leave or she may say, no I am happy here, but. If she wants to stay, just explain it will only work if she does the following. Lay it out for her. She needs to act respectful to you, pay her bills on time and take good care of the property. Tell her if that doesn't work for her, that you understand and she will need to find a new place. Make it clear it is nothing personal. Tell her not all tenants may like your rules and if so, then you want them to find a place that suits them better. Every time she says she wants to stay, keep leading the conversation back to the conditions until you get agreement. 

If she wants to leave, offer to give her back any prorated rent for the month, provided the property is left in good condition. I would NOT tell her you plan to take her rent or security deposit. That is likely to escalate this. If she leaves peacefully and the property is left in good condition, send back her money. Is a few dollars worth pissing off a hot head? That is your call. 

I would not do weekly inspections. That is pretty intense and seems like it will escalate this faster. You could do a video walk through of the property to capture current condition. 

The written warning is a good idea. Make sure the warning has a time period to correct. The written warnings can act as proof to support eviction in the future. Ideally you can meet with her and have her sign the written warning acknowledging receipt. 

My best advice is to take the emotion out. I feel if a landlord tenant relationship is not working, it is best if we both move on. I ask them to leave and offer to give their pro-rated money back. I wish them well and move on to the next tenant.