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Updated over 4 years ago, 03/09/2020
experienced, but I've never experienced this!
Ok, so I'm an owner/operator landlord in the capital of Florida. College town FSU land... so, I took a deposit on 2/13 from an out of state tenant, 2 young girls, checked out ok, they had a local friend look at the place, all good. Old tenant moves out 2/29 at 5pm. At 7pm on 2/29 I met them at the townhome (3br/2.5ba about $1500 a month), where we went over the townhome in detail, it needed some cleaning but the floors and the walls were good. I needed to caulk, trim paint and the biggest thing was pressure washing the rear deck because the previous tenant had potted plants on it for 4 years... a bit of a pain because it's a very humid environment down here so wood rot is prevalent. We signed the lease, everyone was happy, I knocked $100 off the initial deposit so they could clean. I didn't note it on the lease because the girl who moved in was a manager at a cleaning company, and again, the place wasn't that bad. Oh, and I needed to bring a couple air filters because the townhome has 2 HVAC units for upstairs and downstairs and the upstairs one in the ceiling looked like it hadn't been changed in years.
So, on 3/1, on the way to the townhome to pressure wash the rear deck, I stopped and picked up 2 Filtrete 20x20x1's... and then around 3pm-ish, I texted them that the rear deck and brick were fully pressure washed and I wanted to let everything dry, including the caulk so I could come by in the morning and hit the trim. So, later that day on 3/1 one of the tenants, texted me and said she needed the filter NOW. I told her, it's 6pm, and if she ran the upstairs unit for a few hours while cleaning it'll be no big deal. The place was pretty dust free, just cabinets and bathrooms needed that 'special touch' so to speak, so I told her she'd be fine for the night. She starts making a big stink about it. I just kind of ignored it but then a bunch of text messages started on how the place was dirty. The trim needed paint and they couldn't understand that when it gets like that, cleaning doesn't really do the job, you have to paint. I don't mind painting, I'm 48 and in good shape, and have been painting for quite a while so whatever right...
They go on and on.... demanding me to send a cleaner over there ASAP.
Started demanding that I repair things... honestly, there was one kitchen cabinet door that needed a hinge, maybe another but honestly, this is one of my better and bigger places so I knew it was BS. I let them go for a couple hours and stew, then one threatens to call Code Enforcement... oh boy, another code enforcement game. Tenants should learn the definition of habitable and inhabitable before they go down that road, but if you've taken the time to read this far, you know precisely what I am talking about.
Now, I must tell you that sometime in the middle of these texts, I told the one girl in a group text with the other, as they were both bombarding me with pictures of some lint on the floor, a cobweb here or there, etc... that I FELT VERY UNCOMFORTABLE WHEN WE SIGNED THE LEASE ON 2/29 AND THAT SHE SHOULD KEEP HER FREAKING HANDS OFF ME IN THE FUTURE. Yeah... the girl was a little too touchy feely, and the roommate saw it... and when I put it in the text, nobody denied that I was lying or exaggerating because they knew I was right. I don't touch tenants and I don't like to be touched by anyone... but young women, or women in general think they have the right to do what they want. No biggie, I'm a big boy, but I don't think it went over well with the tenant. She said she didn't like the way I was talking to her, especially when I took the deposit from the one out of state and then within 30 minutes after taking the deposit the touchy feely one texts me out of nowhere and says how thankful she is that she has a place for her service dog. oh boy. I don't think it's a service dog as much as an emotional support dog. And even if it was a service dog, I didn't deny it entry so whatever. I don't have children and am a huge dog - guy and pretty much allow all my tenants to have dogs... even PITBULLS which are so prevalent down here, I have extra umbrella insurance to cover this precise breed.
So, it's 3/8 and I haven't heard from them... the non-touchy feely one texted me Saturday and said she's been busy and doesn't take well to threats or demands, which is the line I used on them when they started barking orders at me. I didn't reply until today but still no response.
I have it in my lease, that if your utilities are OFF for a period of 5 DAYS or more, that you forfeit your deposit and vacate the premises. It is ESPECIALLY important in this townhome that's built on a crawlspace because it has a $15K encapsulation system underneath the building that protects the crawlspace and most importantly pumps water out because it's in a weird almost flood zone type of area... only gets bad when it rains heavy, and boy does it rain heavy here. North Florida, hurricane / tropical storm area....
So, with the damage being done by the POWER not being on, the floor can and will separate from moisture... I turned the utilities on in my name on Friday, 3/6, because I'm not letting my place get ruined over some primadonna BS. Still haven't heard from tenant. Now, in Florida, if tenant doesn't pay rent, you must give a 3-day notice for non payment of rent.... but if it's for another issue in the lease that they are violating, you have to give a 7-DAY Notice...
Would love some feedback and this one is tricky with the 7-day because most of the time if I put a 7-day which is rare... it's for them having a dog, parking over the water meter, loud music, too many people in the place, etc. Nothing that has a time limit on it like the 5-DAY stipulation in my lease that says if your Utilities are OFF for a period of 5 days or more, you agree to forfeit deposit and vacate. Can I put the 7-day during that 5-day period ? Or do I have to wait for more damage to occur after the 5-day then wait another 7-days to evict?
Hope this makes sense... it's never happened to me.
Based on what i read seems like the tenants are not in there anymore as the utilities were off and you had to put it in your name , this could be just a case of abandoning the house ( check your lease for the abandon clause ) , you can put a 24 hr notice ( or whatever your state law says ) and go check on the property whether it is abandoned or not , if they are gone just change locks and re rent .
In the future you might want to do maintenance checks on your properties at least once every 3 to 4 months or so. Air filters not being changed in years could burn out the motors faster as dust accumulates internally and in the vents themselves running to the air systems.
You can also see in that time how the tenant is taking care of the property on an ongoing basis and any maintenance items needed that could cause potential hazards at your property. If you see someone in person make sure you take multiple people for witnesses. If you as a example are a landlord there yourself with 2 to 3 other people as renters that is not an ideal situation as it is your word against theirs as to what events happened, when, and how. It can also be a safety issue for yourself.
From your post you appeared more concerned about getting the new tenant in paying right away then taking some time to assess the condition from the last tenant to get make ready and wait to screen for the best possible tenant after the unit has been properly serviced.
Sounds like they liked the idea of the credit and then moved in and saw much more items wrong with the property. Typically it is not a good sign when tenants say they want to move in fast. That usually means they are running away from a problem or other situation. The good tenants tend to plan things out and make more thoughtful decisions doing research in advance.
You might be too emotionally involved at this point. You might want to contact a local eviction attorney and offer to buy them free lunch or dinner and have them look over your contract and chain of events so far. Then they might give an opinion if this is salvageable with your current tenants or they need to go.
If you get the current tenants out try to make sure the unit is rent ready for the majority of quality renters standards next time.
No legal advice or opinions given.
- Joel Owens
- Podcast Guest on Show #47
I got to the third paragraph and the start of the touchy-feely.
1. Same-day out and in.
2. Handing over cleaning to the tenants for $100 when you didn't know the full scope of the job beyond "the place wasn't that bad."
3. 1-inch filters that hadn't been changed for months or years.
4. You planned on caulking and painting trim in there while it was occupied? Maybe hang a little "wet paint" sign up between coats? Whatever happened to "wasn't that bad"?
5. They're talking about calling Code Enforcement less than five days into the lease?
This is just a cluster****. You're the 48-year-old male landlord, they're the young women barely out of puberty who don't know up from down. It's on you to be more businesslike in your demeanor than them. It's on you to realize how ugly your position can get in this situation.
I used to teach. You sound a lot like the sort of male teacher who would have a closed-door meeting with a too-sexy-for-school teenager in his office, and then, when questioned about it, would act all offended and ask, "What? WHAT?"
YOU DON'T PUT YOURSELF IN THAT SITUATION AT YOUR AGE. I'm 45. My wife would have been in the apartment precisely for that reason. If you're not married, bring your sister, bring your female friend, hire a damned homeless off the street as a chaperone next time.
Go call a local lawyer and tell her (VERY PREFERABLY A HER) your sob story. Getting these people out is going to cost you money. Get used to the idea. And this whole "she couldn't keep her hands off all this, who could?" ain't gonna fly far.
I checked my math, twice, something doesn’t add up here. You’re going to want legal advice, not internet advice.
Originally posted by @Jim K.:
I got to the third paragraph and the start of the touchy-feely.
1. Same-day out and in.
2. Handing over cleaning to the tenants for $100 when you didn't know the full scope of the job beyond "the place wasn't that bad."
3. 1-inch filters that hadn't been changed for months or years.
4. You planned on caulking and painting trim in there while it was occupied? Maybe hang a little "wet paint" sign up between coats? Whatever happened to "wasn't that bad"?
5. They're talking about calling Code Enforcement less than five days into the lease?
This is just a cluster****. You're the 48-year-old male landlord, they're the young women barely out of puberty who don't know up from down. It's on you to be more businesslike in your demeanor than them. It's on you to realize how ugly your position can get in this situation.
I used to teach. You sound a lot like the sort of male teacher who would have a closed-door meeting with a too-sexy-for-school teenager in his office, and then, when questioned about it, would act all offended and ask, "What? WHAT?"
YOU DON'T PUT YOURSELF IN THAT SITUATION AT YOUR AGE. I'm 45. My wife would have been in the apartment precisely for that reason. If you're not married, bring your sister, bring your female friend, hire a damned homeless off the street as a chaperone next time.
Go call a local lawyer and tell her (VERY PREFERABLY A HER) your sob story. Getting these people out is going to cost you money. Get used to the idea. And this whole "she couldn't keep her hands off all this, who could?" ain't gonna fly far.
LOL, ya the OP lost me at the fourth paragraph too.
Place should have been ready once they moved in. Don't offer discount for certain jobs to be done. Caulk, paint, and cleaning some cobwebs, maybe a cabinet hinge replacement should take a healthy adult with your experience half a day.
@Nicholas Oh It sounds like they moved in less than 10 days ago. I would schedule an inspection (just give them 24 hours notice) and go with a female friend/partner. Mention that utilities have not been changed over and give them a time limit (48 hours). As for cleaning, hindsight is great clearly they aren't responsible enough or the one you talked to didn't pass on the message to her friends. Yes it should have been in writing, but it wasn't. Next time, I'd just do it yourself.
With the filter, didn't you install it when you went over?
Sounds like a bunch of young people who have never lived on their own before and have no idea what is involved with being an adult. Explain to them that you need to know if there are problems, but they should appoint one person (you pick the most responsible one of the three and not the touchy feely one) as a contact person and they can be the one who sends you messages (except in emergencies if they are not available).
@Nicholas Oh college co-Ed’s getting too touchy feely with the 48 year old landlord.