Inherited tenant - behind on rent. Digging up selling trees

[Carly M.]

We have an inherited tenant. Her and her husband had been there 5 years. He was a landscaper and they traded landscaping services for rent with the previous owner (whom we know). Last November we purchased the property. They had zero deposit. 

It was severely under market in rents. We notified the tenant the rent would be increasing in four months. Giving them plenty of time to make new arrangements. They chose to stay and signed a lease with us with the agreed upon rent. 

they paid ome month of the new rent price and then the covid 19 outbreak came. She said she lost her job and the news said she could have “free rent”. I explained that’s not how it works, was empathetic, and asked to contact her employer she listed on the lease to verify she lost her job and I would work with her. She said nevermind I’ll pay. She did send me a screenshot of a text saying they won’t need her nanny services this month. And I took it as good enough and waived the late fees. 

Rent has come from different local charities in the mail this month and she gave me her 30 day notice. She is still $200 short on April’s rent. 

Today she dug up a Japanese maple and sold it on Craigslist. The tree has been there for at least three years. Her and her husband landscaped the back yard in exchange for rent or reduced rent. An arrangement made with the previous owner. I asked her to stop she said, “sorry no it’s mine  I paid fir it. You’ll have to talk to previous owner”. 

Normally I wouldn’t care, i would just let it go.  But she still owes us money for rent and if she does pay us it’ll be with the tree I purchased on the property. She’s moving out and driving big trucks through the backyard on a rainy day. I have no deposit I can deduct from, as the previous owners did not Cole t one. 

I need feedback. Isn’t trees real property? How would you handle this? 

[Michael Noto]

@Carly M. So you inherited a tenant that sounds like they were never really qualified in the first place to rent the unit for the amount of their lease and in the end getting rid of them is costing you $200 and a tree you didn't pay to plant in the first place? 

Given the current situation landlords are in without being able to take legal action of any kind for the foreseeable future I would consider this a win.  Add to that, you may get that $200 they owe you before they split who knows.