Landlord advice // challenging tenant

[Justin Wingfield]

Hello everyone, this is my first post here and I'm in need of help! 

If a tenant calls me for a maintenance request, and while I am in their unit I witness damage to the property, can I legally take photos of the damage/neglect/mess/etc.?

[Jonathan Taylor Smith]

OK, thanks for the additional info... Going forward, update your lease to have some language present related to quarterly or at least semi-annual inspection - and then highlight that language during your tenant screening process. Those who are going to be problems are more likely to pass on even applying for your unit(s) if they think you're going to do regular inspections. Also, remove / change language about repairs coming out of the security deposit (at least while they are still present in the unit). If still occupied, all damage repair becomes additional rent due in the subsequent month... Never deplete your security deposit for a tenant who is still present.

Schedule an inspection to document damage that was noticed during the recent emergency repair visit. Photograph everything - and hopefully you have proof that it was not like that when the tenant moved in. Then if allowed in your state / covered in your lease - get the damage repaired (at your initial expense), but then charge it back to the tenant as rent due next month. In such cases, I'll often spread the amount over 3 or 4 months.

And when does their lease expire? Let them know that you'll not be renewing their lease and they'll have to vacate at that time - if they have any further late payments and do not fully cover the cost of the repairs. And always impose the maximum fee allowed in your state for each late payment. If you're not doing that already, then you are making it painless for them to be late.