Having issues with tenant

[Vann Calhoune]

Hey everyone,

I recently purchased my first property in the Kansas City / independence area. It’s a duplex and I inherited one tenant and plan to live in the other unit.

The tenant signed their lease in October, a month before I purchased the property. They’ve paid one months rent on time but are a little late this month.

I spoke with the tenant and they plan to pay on the 5th. I would have liked the tenant to communicate this. She says her phone is off but I find it hard to believe she’s went 5 days and hasn’t been around anyone with a phone.

She also changed the locks because she says she lost her key. The old landlord didn’t put anything specifically against this in this lease but there is something about making changes to the property that I think this might fall under. I would have liked for this to be communicated as well.

She smokes in the house after I told her not to. There is a no pets clause in the lease it seems she has a cat or just lets in neighborhood cats.

Should I overlook Her unwillingness to communicate, overall disrespect and lease violations as long as rent is paid?

I’ve tried to be a nice landlord and even when she has shown disrespect and argued with me I’ve been respectful. She takes my kindness for weakness. I’m not sure if it’s time to be an a**hole and put my foot down and give her a 10 day notice next time she violates her lease. Or should I let things go as long as She pays rent.

The property is in a C, C- area. Anyone have any advice or past experience relating to the situation?

Thanks,

[Larry Alexander]

You should post an eviction notice ASAP! Rent is late, period; end of discussion.

Send her a bill for changing the locks. This should be specified in your lease, right?

Can you document she has a pet? If not, don't bring it up.

"Give her a 10 day notice next time..." That's nuts. Lease specifies when the rent is due and what the grace period is if any. Late rent gets an eviction notice affixed to the front door and a certified letter in the mail immediately.

Seeing as she changed the locks, smokes in the premises and has no issues with lying to you 
  - "my phone was off" - yeah right.
  - "I lost my key" - not buying it.

I would get my documentation in order and start the eviction process. I have this sneaky feeling that you may have a pro on your hands who when faced with eviction will work it to her benefit for the next six months. You'll get back a project instead of a rental unit. But hey, that's just me. I guess I'm in a bit of a pessimistic mood this morning.

[Vann Calhoune]

@Flash Alexander thanks for the advice. There is nothing in the lease about changing the locks. I took a picture of a bag of pet food in the apartment. Would there be any issues trying to convince a judge someone is/has been smoking in your property?

[Kim Meredith Hampton]

Vann,

I would document everything!!! Never let them get the upper hand on you. You give them an inch, they will take a mile!!!

Post a three day notice, or whatever is allowed per your statutes, as well as notices of non compliance. Nip this in the bud right away. 

[Larry Alexander]

There are no issues per se trying to convince a judge that your tenant is breaking your no smoking rule, you just have to have convincing evidence. Complaining neighbors about the smell of smoke, a photo of the person smoking. An inspection (you should be able to do) with photos of used ashtrays, pack of cigarettes, smell of smoke. The real tool is late rent. That is your escape clause. While I haven't been to Kansas City MO, my son Max has and loves it there. From the photos he showed me I would think there are no shortage of prospective tenants that don't smoke, don't lie and would pay the rent on time.

BTW - Did your tenant provide you with a set of keys to the new locks?

[Allan Smith]

This is a classic scenario of a tenant beginning a long downhill journey of gradually breaking more rules, playing the system etc. So many red flags.

it's going to get worse before the end of it all. Gear up and enforce the lease fully.

oh, and dont believe most of what this tenant tells you at any time.

[Vann Calhoune]

@Flash Alexander they say their mother has the other key and will be giving that to me when they pay the rent on the 5th

[Theresa Harris]

@Vann Calhoune  Be polite, but firm.  Tell her she needs to look over her lease and make sure she is sticking to the terms of her lease.  You can provide a bullet point list if needed where she can read it and give you a signed copy.  

You are new, so now is the perfect time to lay down the rules.  As for the locks, simply tell her she has 2 days to get you a copy of the key as you require a key to the unit should an emergency happen.  Remind her when rent is due and that it is due on time.

[Andrew B.]

In addition to everything above, its time for you to step up and enforce the agreement. If rent is late, apply late fees and begin eviction process. If tenant is breaking a lease clause, post notice to cure or quit and follow through.

[Steven Clark]

@Vann Calhoune As a new landlord my self I have learned a few lessons very quickly. I have a 3 family owner occupied house. 1st tenants are pros and know the rules in CT I cannot charge a late fee until the 10th so they always pay me on the 9th no matter how many times ive told them rent is do on the 1st and a late fee will be applied on the 10th. 2nd give them an inch they take a mile! Id tell your tenant if she keeps on smoking you will be charging a fee for breaking the lease and causing excessive wear and tear.  Ive found it to be hard to find the line between being nice and getting walked over.

Best of luck

[Wesley W.]

Originally posted by @Steven Clark:

 Id tell your tenant if she keeps on smoking you will be charging a fee for breaking the lease and causing excessive wear and tear.  Ive found it to be hard to find the line between being nice and getting walked over.

Unfortunately, unless it is stipulated in the lease, you cannot charge any fees for smoking or whatever.

Vann, this tenant is going to test you for the next 11 months.  Sit down and study every bit of the existing lease and hold her to the letter of the law and to that contract.  The minute she pokes her big toe over that line, step on it.  You cannot, in this situation, afford to be generous/flexible/forgiving.  You are running a business (you are, aren't you?).  This dynamic - an emboldened inherited tenant with a new landlord - is always where people find out if they are cut out for this business or not.  The steps you take RIGHT NOW are going to determine how the rest of her tenancy goes.

Please feel free to continue to ask questions (that's how most of us learned), but at this point - no negotiations, "special deals", sob stories, etc. - hold her to the letter of the lease.  Issue a "3 day" rent demand notice (or whatever your jurisdiction requires) in the LEGAL, PROPER way and play hard ball with her regarding late fees, rent payment, and altering your property (locks).  I would seek counsel from a local attorney and/or state & local statues regarding the changing of the locks - she is trying to usurp control.  You need to shut that down and show her it is your property and you make the rules.

[Sarah Brown]

Sounds like you have a real gem on your hands.  She is likely a professional tenant.  A downside of inherited tenants; you don't get to screen them, and you are stuck with the lease no matter how crappy it is.  

1. Document EVERYTHING

2. Do NOT give her any leeway.  She will take it and run a mile with it.  Also, it's hard to enforce things when you don't enforce everything, and a judge will likely raise an eyebrow at it.  

3.  Depending on how bad the situation is, I might bribe her cash for keys to get her out.  Smoking is the WORST.  You can't get rid of the smell without doing some sufficient rehab which is pricy.  

4. If you can't get her out, memorize your lease.  Know it word for word, and then hold her to it, and charge what you are allowed to for all the violations. 

[Nathan Gesner]

Originally posted by @Vann Calhoune:

Hey everyone,

I recently purchased my first property in the Kansas City / independence area. It’s a duplex and I inherited one tenant and plan to live in the other unit.

The tenant signed their lease in October, a month before I purchased the property. They’ve paid one months rent on time but are a little late this month.

I spoke with the tenant and they plan to pay on the 5th. I would have liked the tenant to communicate this. She says her phone is off but I find it hard to believe she’s went 5 days and hasn’t been around anyone with a phone.

She also changed the locks because she says she lost her key. The old landlord didn’t put anything specifically against this in this lease but there is something about making changes to the property that I think this might fall under. I would have liked for this to be communicated as well.

She smokes in the house after I told her not to. There is a no pets clause in the lease it seems she has a cat or just lets in neighborhood cats.

Should I overlook Her unwillingness to communicate, overall disrespect and lease violations as long as rent is paid?

I’ve tried to be a nice landlord and even when she has shown disrespect and argued with me I’ve been respectful. She takes my kindness for weakness. I’m not sure if it’s time to be an a**hole and put my foot down and give her a 10 day notice next time she violates her lease. Or should I let things go as long as She pays rent.

The property is in a C, C- area. Anyone have any advice or past experience relating to the situation?

No offense intended but she is not taking your kindness for weakness. She's taking your weakness for weakness.

I'm kind, honest, and fair. I do not allow tenants to move in unauthorized animals (even to visit), smoke in my rentals, dictate when they will pay rent, change the locks, or refuse to communicate. Those are all red flags that would result in a written warning of pending eviction. 

You also shouldn't sign a contract a month before you own the property. Do you realize that can make void your contract? You can't sign a legal document for a property you don't own. If you end up in court with the tenant and the judge learns about that, you could lose your case even if you are 100% in the right.

I would give her written notice of the violations. Give her 48 hours to be in compliance (no animals, smoke removed, copies of keys and your old locks provided, and rent paid) and submit to an inspection for verification. If she fails to meet it, give her notice to vacate.

[James Wise]

Originally posted by @Vann Calhoune:

Hey everyone,

I recently purchased my first property in the Kansas City / independence area. It’s a duplex and I inherited one tenant and plan to live in the other unit.

The tenant signed their lease in October, a month before I purchased the property. They’ve paid one months rent on time but are a little late this month.

I spoke with the tenant and they plan to pay on the 5th. I would have liked the tenant to communicate this. She says her phone is off but I find it hard to believe she’s went 5 days and hasn’t been around anyone with a phone.

She also changed the locks because she says she lost her key. The old landlord didn’t put anything specifically against this in this lease but there is something about making changes to the property that I think this might fall under. I would have liked for this to be communicated as well.

She smokes in the house after I told her not to. There is a no pets clause in the lease it seems she has a cat or just lets in neighborhood cats.

Should I overlook Her unwillingness to communicate, overall disrespect and lease violations as long as rent is paid?

I’ve tried to be a nice landlord and even when she has shown disrespect and argued with me I’ve been respectful. She takes my kindness for weakness. I’m not sure if it’s time to be an a**hole and put my foot down and give her a 10 day notice next time she violates her lease. Or should I let things go as long as She pays rent.

The property is in a C, C- area. Anyone have any advice or past experience relating to the situation?

Thanks,

 Set a specific day each month that you begin the eviction process. Whether that is the 5th, 10th or 15th or whatever it is, is up to you. Begin eviction on that date if rent isn't paid, no exceptions. She's either going to pay or she isn't. If she doesn't boot her.

[Vann Calhoune]

@Nathan G. Thanks for the advice, the lease was signed with the previous landlord not me

[Vann Calhoune]

Thanks for the advice everyone

[Ola Dantis]

@Vann Calhoune Dude, I've seen this a few times when inherited tenants have this Owner Complex!

You have to act fast! 

First, let her know that a new sheriff is in town by writing a strongly worded letter to her and send an email as well. List all the things she has done to violate the lease and insert the word "eviction" somewhere in the letter <<-- This part is important.

Now, you might be thinking "what is this guy talking about"? I'm glad you ask!

Look, what you are trying to do here is get this tenant in line from a psychological perspective. Consequently, if this does not work, you have to get rid of the tenant asap! 

A tenant tried me a few months ago and I used this format, and it works all the time. More importantly, know that when it doesn't work, you may have a psycho, sorry I meant interesting, tenant in your house. 

Classic advice from Brandon Turner: Fair, but firm.