Renter late yet again broken lease several times

[Mathew Zorn]

Hello PB (sorry this is so long), I have a tenant who has broken the lease several times. So many times that if tenant would have been with someone more knowledgeable in the business or even controlled by a PM company they would have been kicked out a long time ago. So here’s the story and why I am seeking advice from BP. Tenant signed a 16 month lease to help make renting the single family home in Rental season. No big deal right or so I thought. My wife and I are getting advice from a PM who owned their own Realestate company but is always under a bigger company. Advice is great don’t get me wrong but since PM is now the face to my tenant (because of all of these issues) I learn from the PM who has taught me a lot! So my wife and I allowed her to move in a few days before agreement on the lease and didn’t charge, since said person was moving in thanksgiving week we cut the deposit back and cut December rent back but raised it in January to the original terms. So far the tenant has moved in the youngest Child’s father, brought in two dogs with out my approval, changed the front door lock without my approval, stopped the full rent when I was on deployment because tenant said there was mold smell coming in from under the house that was supposedly told me about prior to me going on deployment and it wasn’t fixed “according to tenant” three months later so tenant thought it was fair to pay enough rent according the space the six of them could live in. Within 90 days of telling the PM there was common mold found under the home because the prior owner installed the insulation upside down and with the damp spring we had caused mold. So all of that was fixed which costed me about $1,500 and come to find out the smell was from the water and not from anything I have done it not done to the home. Then tenants dogs kept on getting through every hole in the fence that my neighbor owns and caused enough damage that the neighbor had to put up all new fencing, then dogs get out and the one is nipping at the either neighbors grandkids and caused problems there. This tenant has caused so many problems that most of the neighbors there don’t talk to them. When I went to go serve the tenant a violation letter I discovered that the tenant changed the dead bolt to a key pad dead bolt without my permission. So to remedy all of this I charged tenant $1,000 fee for the pets ($500 per pet as stated in lease) charged tenant late fees for every month tenant didn’t pay rent in full and NSF fees for when rent didn’t go through.... charged tenant fees for bringing in another adult without my consent and finally told tenant twice that if they feel I am not holding up to my part of the lease then they need to pay rent to the judge and let the judge decide. Needless to say tenant didn’t and decided to tell us that one of their children is special needs (wasn’t disclosed upon signing the lease and not that it matters) and said there’s enough “documentation” that they feel they were wronged in how I handled things and they want part of their fees waived and refunded part of their rent paid along with rent reduced. PM then states the lease and I as the owner have a right to kick them out and that all fees would be paid first prior to rent and if the rent wasn’t paid in full then late fees would incur. So tenant then said ok I’ll pay everything and wanted to know if everything was paid with in five months if we coils reduce the fees in half so we agreed (over $2000 in fees) so we could keep tenant in the home because tenant is taking good care of the house just not paying rent on time. Fast forward to today I get an email stating tenants last of five payments didn’t clear. I talk to PM and PM stated that she got a text message from the tenant saying they had to close down a checking account and didn’t realize until today that the funds were being pulled out of that account and immediately paid the last payment. My problem here is this is the second time of using that excuse and regardless of how the rent is paid they are late and are in breach of agreement (oh the agreement was most of the fees would be waived as long as payments were on time and nothing bounced but if anything bounced and payment was late all fees would be so in full). Last week tenant asked if they could pay feb on the 8th since I said they could break up Jan’s payment into two payments so they could be all caught up and back on track and I said no because we have been helpful enough and no more excuses. Now we are here with tenant breaking yet another agreement and I don’t know what to do. Wife is telling me to just charge the late fee and go to certified funds and PM is telling this is the norm with renting to people in this area and be glad they are taking care of the home and not trashing it. I’m done and want to do what our agreement stated we would do but I need them to stay in the home until lease is up in March and then go from there. Like I said lost at what to do and want to be a good land lord and not one that nickel and dimes everything. Everything could have been avoided if tenant would have spoken to us about the pets, moving in the extra person.... but they didn’t and I want to follow the lease. Not to mention the PM told a contractor to go in and fix anything that’s wrong and that was another $1,300 bill. Tenant included cleaning gutters out and I’m sorry but that’s their bill to pay for having the gutters cleaned not mine. So there’s this whole world of hurt going on and I want to do the right thing. Just need help and guidance on this and sorry it’s long.

[Shawn Clark]

"Now we are here with tenant breaking yet another agreement and I don’t know what to do."

You probably know what to do, you just don't seem to have the stomach to do it.

It's an AGREEMENT. They broke it. Multiple times. Stop accepting that.

1) You have to learn that tenants are like children. They need boundaries and they need rules and you need to show strength when they try to take advantage of you. Hold them to the rules.

2) People with money troubles are like drowning victims. Never try to help without protecting yourself first, because they will drag you down with them. I've been through it.

I'm a nice guy and I maintain good relationships with all my tenants. Having said that, I've also been taken advantage of. I no longer accept excuses for very long.

If they are late in rent, I file at court and then wait to see what they do. If they make good, fine. But I've seen tenants promise all week long and the move out without paying a penny the day before eviction. DON'T TRUST THEM.

It's a business. You have to run it like one. When they break a rule, hit them with whatever the legal penalty is. You can always forgive it or give it back later if they prove to be decent people.