Tenant from hell? Have I spoiled them? What can I do?

Question

I have a tenant complains about EVERYTHING and even undoes some of the repairs I make. He's told me he's reported me and that I'm a slum lord. I have over $1,100 in receipts since January (I even bought shrink wrap window treatments to help him save heat, and his response to that was "When are you  going to install them? So i begrudgingly did).  I sent my repair man over today with a brand new window to put in and he refused to let him in and only will deal with me. I'm out of town until Monday and can't personally attend to the matter, but he refuses to deal with anyone but me. I have 2 other houses within about 100 yards and they're both great tenants. What can I do if he refuses to let anyone into the house to do repairs but me? He also takes off work when he demands me to come over and then tries to make me feel bad because of it. I'm in upstate NY and very frustrated...

Rob K. · Answer

Sounds like you need to let this guy know who the boss is. Tell this clown that you're not his butler and he's not going to boss you around anymore. Tell him that the house is in fine shape and if he doesn't like it, he can go rent somewhere else or buy his own house.

Lynn McGeein · Answer

I would stop letting it frustrate me and just follow the terms of the lease instead of letting him make his issues your issues.  In most leases, your repair man can enter once you give your tenant 24 hours notice.  If he takes off work then demands your time, that is definitely his problem, not yours.  Just tell him, Then don't do that again unless we've scheduled it.   If he doesn't like your repairmen in the house but you are comfortable with sending them without you, it is his decision to be there to watch them or not.  If he denies access, send notice that he is breaking his lease terms and will be charged for the repairman's visit as you now have to pay for a return visit.    As far as statements like, When are YOU going to install them?, I would just say,  That is not in the terms of the lease, I was being nice leaving you the material, but if you don't want to use it, I have other tenants that would appreciate it.  And if he is undoing your repairs!!! I would document with photos everything you do there and then take photos of the damage he did, and let him know he is breaking his lease terms and will be paying to have it made right.  It sounds like you're going to be lucky to get this guy out without him doing some damage, but I would definitely make sure he gets notice to vacate at the end of the lease term and start planning for a turnover.

Al Bunch · Answer

He's not a tenant, please stop addressing him in such a manner.  He is a guest of your tenant.  My leases always had a provision requiring my prior written consent of any guest that stayed longer than 7 days.

I'm with Tevis - serve a cure or quit notice.  When your tenant calls to try to cure, give her two choices - her guest either vacates the premises in the timeframe given or you'll file for her eviction.  If she's in a talking mood, you might offer her cash for her keys in lieu of an eviction as long as she leaves the property in the same condition it was in when they moved in (you do have pre-move-in pictures, right?  If not, serve a 24 hour notice to do something with the property and document the current condition before you serve).

It also doesn't hurt to let her know you just documented the property condition with pictures and that New York state allows garnishment of wages for judgements.

BTW - taking regular property inspection pictures before/after a lease starts/ends are great tools for documenting repairs, insurance issues, code compliance, use in court to illustrate damages.  With just about everyone carrying a phone with a camera in their pocket these days, it's easy to document and save for later.

It only takes one problem tenant to change how you do business.

Tevis Verrett · Answer

I only have 0.02 cents to add to the sage wisdom already offered.

I strongly give a booyah to what my brother Rob K wrote.

It never gets better with a problem tenant.  Find a breach of the lease (change locks, storing stuff in garage when not permitted, painting the walls purple. . .) and slap em with a 5 day notice to cure or quit.

Then start the eviction proceeding.  If she has good credit, she will heal not to have an eviction stain. . .

YMMV,

Tevis

Matt Devincenzo · Answer

Dustin a tenant cannot "refuse" you entry to your property. This is key you MUST give 24 hour notice but that does not mean that you need their permission to enter as long as you have given proper notice, this is especially true for emergency situations, like if electrical is the issue.

If the "tenant" (he) is not on the lease give them a cure or quit to leave. I'm sure that somewhere in that lease it says that all adult parties must be on the lease, so use that to get him/them out now. It sounds like he may be have some experience with doing this before and is somewhat of a professional tenant in which case the sooner he is out the better.

Jon K. · Answer

This.

The day I buy tenants shrink wrap is the day I run around Midtown in a ballerina outfit.

Al Bunch · Answer

...it probably goes without saying, but just in case.  She gets the cash when she hands you the keys after she moves out - and I wouldn't offer her more than my cost to evict.

Michael Sherwood · Answer

It sounds like your best bet is to turn over this tenant as quickly as you can.

best of luck!
Mike

Dustin Long · Answer

Thanks everyone! I appreciate your time to respond. I never had a chance to meet the tenants as I bought the house empty a few days before they moved in, and I already had a signed lease with "her" on it but "he" never was (not 100% sure why) but he's about 6'5" 260 so he likes to use his size to intimidate. I'm sending him a letter today indicating he has NO right to demand anything of me and for his remaining 3 months he'll be subject to whomever I name my property manager. I'm going to make it my repair guy that does most of everything there anyway, so it just saves me the call being middle man. I have 10 other units and they're all great because I try to be respectful, and they've never given me any problems at all. I admit I let him go too far, but I'll learn from my mistakes. I had to respond to a power situation (and he refused me entry for about 48 hours) where he had hooked the refrigerator to a power cord, and the only thing wrong with the electric was that the breaker had popped. This was after he cussed me up and down that I didn't bring a certified electrician with me.

Michael Sherwood · Answer

Dustin Long sorry to hear you are having such a hard time with this tenant. I feel like sometimes with some our rentals it is a combination of babysitting / managing people at work. Some of the people will throw a temper at everything. I agree with what everyone says above and I just want to give my 2 cents.

I suggest you break this habit of his immediately. As the owner/manager you need to set the expectations and the boundaries (which this person is obviously crossing)

As noted above use the lease as your weapon. I'm assuming you have something in your lease that says 'reasonable' repairs. Meaning that it has to be something that is truly wrong and not something superficial like the paint doesn't match my couch so I want you to paint it for me. We do allow our tenants to deduct from the rent but ONLY on pre-approved items. If he deducts without telling you I would tell him he owes you the full amount and if he does not  comply or tells you he is going to turn you into code enforcement etc. Don't react, stay calm and stick to your guns. If he still does not pay, start eviction proceedings immediately. I would tell him that you will have him taken to court to be removed from the property and you will have a judgement filed against him. (including if he damages the apartment after you tell him this) I suggest sneaking in and taking pictures prior to this to bring to court just in case.

I heard on the BP podcast of one guy paying his tenant to move out, meaning that he might pay his moving costs just to get a 'bad' tenant out. (bad being anything that might become unmanageable or destructive)

Wish you luck with this and hope to see a positive result of this en devour.

Mike

Tenant from hell? Have I spoiled them? What can I do?

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