Tenant/roommate said some very nasty stuff to me!

Tenant/roommate said some very nasty stuff to me!

San Jose, CA · Member since 2013 · 5 posts · 0 votes

Hi all! I am new to this forum and I am a new landlord. I am a college student in California. My aunt bought a condo in CA. She said I could live there for free, and asks me to rent out one room. So I posted my ad on Craigslist and found a girl who's about the same age with me. We signed a month-to-month contract. One day I asked if she used my face tower to wipe her dog (because I could smell her dog shampoo on my face tower!) through text massage, she replied no, and said that I was crazy and started to insult me with all the "f" word. Well I admit that maybe because she felt that I was accusing her that's why she became angry, but I could not tolerant someone who cannot have a civil conversation. The next day I left her a 30 day move out notice. She pissed off and started to threaten me that she would claim her rent back from Paypal (she paid her rent using Paypal echeck). She also refused to take the 30 day notice when I tried to hand her the paper. She called me names and yelled some really nasty stuff to me (involving racial discrimination stuff towards my boyfriend who was going to help her move) that I couldn't not even type them here. I went back to my room and called the police, and the officers came by and told her not to talk to me anymore. Now she does not talk to me, BUT she's on the phone with her boyfriend talking loudly and saying bad things about me. I try not to hear it but I can hear her even with my TV on! She has 30 days left, but I cannot bare even one day. I am a college student and have never dealt with this kind of things before. It really disturbs me emotionally. I am wondering what options do I have? Can I ask her to move sooner? Thank you all for taking your time reading it!

0Reply
104 views

Most Popular Reply

Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
13y

hide your toothbrush. You never know what she did with that.

See this reply in the discussion

26 Replies

Jump to latestLatest
  • Developer · Decatur, GA · Member since 2011 · 1k+ posts · 1k+ votes
    13y

    Welcome to Biggerpockets!

    I'm not sure what a face tower is, but I wouldn't want someone else's dog to use it if it touches my face either. Your roomie also sounds intolerable as a roommate. Do you think you may have reacted more to her using your stuff or was it more about her response?

    Now that you both don't like each other, I think cash for keys, as they say, is the best option. Offer her a portion of rent or $500, for example, to vacate in a week and see where it goes from there.

    Lastly, you might try referrals/coffee shop boards or some way to find like-minded people for your next roommate search effort.

    Best of luck,
    Rick

  • Rental Property Investor · Sacramento, CA · Member since 2011 · 2k+ posts · 1k+ votes
    13y

    Audrey Hu you need a strong stomach to be a landlord. I suggest you grow thick skin and count yourself lucky if she moves in 30 days.

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    13y

    Audrey your aunt would not want you in danger for monetary gain.

    Find another way to help supplement the payment if your aunt needs it.

    How many more years of college do you have before graduating?? Did you do any other criminal background check on this person or credit check history when renting to them?? Craigslist is very, very dangerous and you never know who is interacting with you there.

    Once the unit is legally vacated you need to change ALL the locks to the place for protection. Did you have a dog spelled out in the lease?? Did you require proof and a letter from their vet on vaccination shots and neutering as well as any bite history??

    Renting out anything is a process and is not easy. All the best. No legal advice.

  • San Jose, CA · Member since 2013 · 5 posts · 0 votes
    13y

    Hi Rick. Thank you so much for the advice. Sorry I meant towel. She violated rules before, but I chose to give her second chance. But this time I want her to move out more because of her bad attitude, not her using my stuff.
    The money offer thing sounds like a great idea!

  • Lender · Woodland Hills, CA · Member since 2013 · 362 posts · 115 votes
    13y
    Originally posted by Al Williamson:
    Audrey Hu you need a strong stomach to be a landlord. I suggest you grow thick skin and count yourself lucky if she moves in 30 days.

    Sorry Audrey that you are learning landlord 101 the hard way. What Al said, and also, you could befriend a local biker gang to befriend you and hang out with you. . .that is a butthead roommate motivator also.

    Be well and much good luck with this,

    Tevis

  • San Jose, CA · Member since 2013 · 5 posts · 0 votes
    13y
    Originally posted by Joel Owens:
    Audrey your aunt would not want you in danger for monetary gain.

    Find another way to help supplement the payment if your aunt needs it.

    How many more years of college do you have before graduating?? Did you do any other criminal background check on this person or credit check history when renting to them?? Craigslist is very, very dangerous and you never know who is interacting with you there.

    Once the unit is legally vacated you need to change ALL the locks to the place for protection. Did you have a dog spelled out in the lease?? Did you require proof and a letter from their vet on vaccination shots and neutering as well as any bite history??

    Renting out anything is a process and is not easy. All the best. No legal advice.

    Hello Joel,
    Because this is my first time being a landlord, the only thing I know is to sign a contract. She was nice and always tried to be friend with me when she first moved in, so I didn't really keep it at a professional level and now she's taking advantage of it. She's a foreign student, and I did not do any of the background check, and did not asked for a proof letter from their vet either. I was too naive, and I guess I've learned my lesson :(
    Thank you for your advice, and I will do all of that next time I look for a tenant.

  • Buffalo, NY · Member since 2013 · 106 posts · 75 votes
    13y

    International background checks are available as well. And in this case (as for the future) I'd be less concerned with credit history and very concerned with prior address history and talk to previous landlords. Chances are they would give you immediate indication that this was a problem tenant. Lesson learned, screen everyone! Thoroughly.

  • Richard W.Pro Member
    Lender · Los Angeles · Member since 2013 · 63 posts · 33 votes
    13y

    Audrey,
    I have sublet a room in my rental in the past as well. After a week, I noticed my new roommate drank alot and she also disclosed that she wanted to bring her kids over to the house. Needless to say, I was a bit surprised she had kids. I told her the home was for adults only, and she should move elsewhere. I wasn't around much, and she moved out after two weeks. About a month later i found out she had used one of my credit card courtesy checks fraudulently, which I had her prosecuted for. Make sure you lock up your property while your tenant is still in your home. Also, I have an electronic keypad lock on my front door that allows me to change the entry code whenever I get new roommates. Good Luck, and do not underestimate your tenant's ability to steal from you, or let her dog soil your property in bizarre ways if she is angry.

  • Rental Property Investor · San Diego, CA · Member since 2011 · 1k+ posts · 1k+ votes
    13y

    Oh man. This is one area where I actually do have experience. I've subleased rooms in my place for five years to nine different roomies.

    The screening process is strange but you can do it don't give up. We can hit that later once she is out.

    You really have two options. Wait it out, be the bigger person and bide your time. Or... see who is willing to make the other persons life more miserable first.

    It is your call, personally I would suggest waiting it out but be stern and don't take any crap from her.

    Not sure if this girl knows it or not but I would certainly not let another tenant know your aunt owns it. You are leasing it and your landlord is a strict ahole. They are the bad guy from now on after this experience.

    If you do want to take the "Nuclear Option" and go to war I am happy to give you some advice there. But at the end of the day she needs to go and is probably freaking out about that, make it easier on her to make it to her next place and you get your place back sooner. Offer a good reference, make it easy for her to go. That is key.

  • Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
    13y

    hide your toothbrush. You never know what she did with that.

  • Mike D'ArrigoPro Member
    Turn key provider · San Jose, CA · Member since 2010 · 4k+ posts · 3k+ votes
    13y

    Hi Audrey,
    Welcome to BP. I'm from San Jose also. Sorry to hear you're going through landlord hell. Unfortunately, as long as she is current with her rent, you can't get her out in less than 30 days. However, you said that she was going to have PayPal reverse her payment. If she has done that, you can then give her a 3 day pay or quit notice. She doesn't sound very stable so your safety needs to be your primary concern. I agree with Joel Owens that Craigs List is a very dangerous way to find a roommate.

  • San Jose, CA · Member since 2013 · 5 posts · 0 votes
    13y

    Thank you everyone for your great advice! I've been very upset lately, but now I think I gain a lot of experience from it. Being a landlord is not as easy as I think, I learned it in a hard way. I always tend to trust people and think that most people are reasonable. Now that I am worry that she won't move after 30 days. I know that I can evict a tenant, but it takes time and need to go to court, and I don't know how much it would cost me.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    13y

    If this is stressing you out so much, offer to just give her the rent back if she moves out right away. And only give her the money after she moves. Give her the refund by unding the check, if possible.

    Only take rent and deposits in cash or money order. NOTHING ELSE!!! If they prove to be a good tenant, checks later might be OK.

  • Buffalo, NY · Member since 2013 · 106 posts · 75 votes
    13y

    Great advice Jon Holdman I've spoken to several landlords that use this method with great success. It just makes sense to forfeit that rent and move on. And even better advice on the cash or money order policy!

  • Member since 2011 · 798 posts · 216 votes
    13y

    LOCK YOUR BEDROOM DOOR. PUT AWAY YOUR VALUABLES NOW!
    Seriously, go buy a lock and install it on your bedroom door. Lock it each and every time you leave the house, and also when you're home. Lock your valuables-- purse, wallet, phone, computer, jewelry box, car, etc. Password protect everything-- PC, phone, etc. Remove anything of value that you don't want taken or damaged from the common areas--- whether it's an heirloom vase or a nice TV. Lock. It. Down.

    I have roommates and find them on Craigslist and online postings.

    I have a whole process to screen them. I pick and choose who sounds decent of the inquiries, search for their Facebook/Twitter/etc., then search their school/job info, then public records, then court records, then Google their name. If they say they want to apply and sign the lease, I then run their app. If I'm unsure about them, and sometimes for anyone, I wait 1-2 days. How they reply and ask me if they were approved tells me what kind of person they are. Some of them literally get mad if you're slow to reply to their application, or even their first e-mail they sent you. I like to see patience.

    My lease is 30 days. I specifically mention conduct and no profanity or offensive language in my lease. I mention to wall painting, no cabinet painting, no smoking on the property, the maximum number of overnight guests I allow, and that no tenant or guest should disturb other tenants with excess noise or the quality or frequency of their guests. Definitely no Paypal or anything other than verifiable funds. No pets. Pets always end up a hassle in roommate situations.

    I, too, learned the hard way.

    I had a tenant who was a little profane and tried to get in my face a little when I told the tenant they had to put their pet away from then on because it kept damaging my house. They tried to get in my face and they tried to piss me off. I tried not to laugh at them. I simply repeated myself over and over, very pleasantly "Your pet will need to be put away at all times that you are not present if you wish to continue living here." I repeated that about 5 times. The tenant told me you said that. I repeated it again, with a smile on my face, then walked away. The same tenant started slamming doors at another point. I simply said "I don't tolerate that behavior. If you wish to stay here in my house these last 30 days, your attitude needs to change, and it needs to change right now. I don't allow that in my house." I smiled, and walked away. So did a more... muscular... relative of mine repeated the same thing to them in my presence. It worked. Their attitude changed and did a total 360. Whether or not I *could* have made them leave before 30 days is another matter. My view was... if they're physically threatening to me, I'm not taking a chance to my actual safety. My area also doesn't require much notice to owner-occupied roommate situations, especially not ones where the owner is being physically threatened, so you might not be able to do this.

    I would ignore the tenant as much as possible. Lock your bedroom door. Perhaps do what I did and say you don't tolerate that sort of behavior in your home, or perhaps just say "we'll talk it over when you calm down."

    Next time, I would not send someone a text message accusing them of using your bath towel. Wait until they're home, and ask if they used it "might have used it by mistake... " and that you "noticed it smelled and wondered if someone else might have used it, or if it got moldy." Find a non-accusational way to do it.

    Also, you might try to find someone a little older and more mature. I try to find 25 years and up. 23 year olds I've had weren't very mature and ended up whiny, messy, irritating, and didn't understand how much things they damaged or broke cost. I don't accept under 21, no way no how. I probably wouldn't accept under 22. 22 might be ok... 18-21 is still in the messy party stage of life.

    I don't accept people without a job, nor do I accept night workers or at home workers for my roommate situation.

    If a student, I sometimes ask for a copy of their schedule or transcript to "verify" they're a student. I want someone who has class more than 2 days a week. The more they are home, the more utilities they use and the more free time they have to party and disturb me/neighbors. Same if they have a job... I want someone who either works full-time or attends school full-time with fairly regular hours. I ask for rental references, but haven't always called on them--- I pull property tax records to see if the landlord name they gave me really owns the property or not.

    Definitely no work at home types, definitely no online college students, definitely no one whose parents pay all their bills while they literally do nothing all day every day. That would be expensive in utility use if they sat home all day all the time. My area allows me to pick whoever I want in owner-occupied rentals, but I CAN'T advertise this in my online rental listings.

    I tell people I want a roommate who is independent and generally does their own thing, and that we don't see each other that much. I tell them I want someone who is very quiet, responsible, and clean. I tell them I work hard, and enjoy coming home to a quiet place and a person who is over the party at home stage of life.

    I usually make them come over once to see it, once to apply (if they didn't already apply when they first saw the place... usually they do), and once to sign the lease. I observe their behavior and see if they seem easy going. Sometimes I'll even be a little (note, a little) pushy and see if they're easy-going or a combative b**ch. Not that I'm screwing with them, but I want to see how they would react if I have to tell them later that they're late on rent, need to clean more, or whatever else. I'm analyzing their personality and how they react to what I say. I usually tell them a little about myself and my past roommates. Sometimes I'll tell them about the bad roommate I had and that I had to give notice to after I have met them a few times. I'll do it casually and in a funny way on how bizarre some online roommate situations can be, or mention some funny trait about my "lawyer," just letting them know I mean business and will protect my property and do what I can to make it an enjoyable place to live. They usually are glad that I won't tolerate wild parties, drunks, smokers, overnight guests often, and all of the usual "bad" roommate traits. I'm not saying you should do all this right now, or even that you could in your area. Eventually it just kind of becomes a routine task when screening roommates. I get some seriously crazy roommate inquiries. Most of the inquiries I get are so bad that I don't even reply to their first inquiry. I get people who were evicted that day, people who have assault records, and all sorts of ridiculousness. I look up free public records, FB, and court records on prospective roommates before I even show them the place. I don't want to waste my time on thugs, deadbeats, evictees, and psychos.

    Of course, make sure you can do any of these things in your area.

    It sucks, but after this you'll learn. I've had good tenants ever since. I screen them pretty well, and my lease got REALLY LONG after that first bad tenant I had.

    Also be sure that you can afford the place/whatever on your own and don't NEED the rent. If you direly need their rent, you'll want to take any applicant that comes along. Don't. The first bad tenant I had I went against my better judgement of them and accepted them because I was tired of looking for tenants and wanted the money. Don't NEED the tenant... let them be an extra.

    No legal advice here either. California is probably much, much different than my state. My state is more lenient on owner-occupied rentals.

    The guys above have good suggestions about "cash for keys" (wait until after they move out, and give you the key in hand).

    If you don't do cash for keys, I wonder if you should do some certified delivery or something of the 30 day notice? She was given verbal notice... is that enough? (I'll let the guys on here answer that one.)

    I wonder if you should (can?) say if your aunt own's it, you "own" it, or you just have a landlord and are subletting. I wouldn't let someone know your aunt owns it. I'm not sure if you could legally say that you own it, but you might get more tenant respect if they thought you owned it and were protecting your house and had 100% power to evict. If you say you lease it, at least you could blame the "landlord" (your aunt). They might not understand if you're overly protective of the property if you just "rented it."

    Just remember, it's business, not personal.

    If you feel threatened, call 911 or leave the property.

    Lock your bedroom when home and when away. Lock any of your valuables or prized belongings. Remember that it's just temporary, that they're laughably bat***t crazy, and that this will be over soon. Get yourself some earplugs and ignore them. I would even smile while ignoring them knowing that I had a house and they didn't... especially not after 30 days.

  • San Jose, CA · Member since 2013 · 5 posts · 0 votes
    13y
    Originally posted by Jon K.:
    LOCK YOUR BEDROOM DOOR. PUT AWAY YOUR VALUABLES NOW!
    Seriously, go buy a lock and install it on your bedroom door. Lock it each and every time you leave the house, and also when you're home. Lock your valuables-- purse, wallet, phone, computer, jewelry box, car, etc. Password protect everything-- PC, phone, etc. Remove anything of value that you don't want taken or damaged from the common areas--- whether it's an heirloom vase or a nice TV. Lock. It. Down.

    Thank you so much Jon for your reply! It really gives me a lot of helpful info. Actually she is moving today, but she still gives me problems here and there. I verbally agree with her that I would refund her for whatever the day that she's not occupying the room. She won't be living here today, but she still leaves some of her belongings here for another 2 days. She said she would hand me the keys today and want me to refund her the rent today. Should I refund her today even though she hand me the keys today and not completely clean out her stuff yet?

  • Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
    13y

    Think of her as a creepy guy at this point. Say whatever it takes to get her away then worry about what she said later. :-) Personally if she herself has moved out, I'd change the locks. She can arrange to pick up the rest of her stuff from you (I'd talk to your boyfriend about having it in the condo's storage unit or a hallway or something for her just to keep her out of the condo) but there's really no reason for her to have a key to the place after today since she has moved out.

    You'll get through it. I'm 6'3, 280 lbs, am licensed to carry a handgun and even I worry about whacko tenants. It's just a first timer experience. We all went through it, got through it, and you will too. Take care and report back to us when she's successfully gone!

  • Member since 2011 · 798 posts · 216 votes
    13y
    Originally posted by Audrey Hu:
    Originally posted by Jon K.:
    LOCK YOUR BEDROOM DOOR. PUT AWAY YOUR VALUABLES NOW!
    Seriously, go buy a lock and install it on your bedroom door. Lock it each and every time you leave the house, and also when you're home. Lock your valuables-- purse, wallet, phone, computer, jewelry box, car, etc. Password protect everything-- PC, phone, etc. Remove anything of value that you don't want taken or damaged from the common areas--- whether it's an heirloom vase or a nice TV. Lock. It. Down.

    Thank you so much Jon for your reply! It really gives me a lot of helpful info. Actually she is moving today, but she still gives me problems here and there. I verbally agree with her that I would refund her for whatever the day that she's not occupying the room. She won't be living here today, but she still leaves some of her belongings here for another 2 days. She said she would hand me the keys today and want me to refund her the rent today. Should I refund her today even though she hand me the keys today and not completely clean out her stuff yet?

    I would NOT let her store ANYTHING in my property. She could easily come back and say you took something. Liability.

    The day she moves out with ALL her belongings AND hands you the key is when she has "moved out." Storing stuff but giving the key is not moving out.

    I wouldn't have given a refund, but if you do, I suggest making her sign something staying that she is handing over the property back to you and terminating her lease effective immediately.

    AFTER (!!!!!) she moves out, change the locks. You can't just change the locks while she has any right to the property. Once she surrenders the key and moves her belongings, change the locks.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    13y

    No money back until she's completely out and has no reason whatsoever to come back. If some of her stuff is still there, she's not out yet.

    If she's due money back, return it in accordance with the lease and local laws. For me, that would be within 30 days and with an accounting of the money. That's not as they move out. At that point, you've not had a chance to fix the place up. If there are damages, withhold the actual costs to do the repairs. Write it all up and send her the accounting and any remaining money.

  • Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
    13y

    "AFTER (!!!!!) she moves out, change the locks. You can't just change the locks while she has any right to the property. Once she surrenders the key and moves her belongings, change the locks."

    Not the way in my state. We can move someone's stuff to offsite storage for 30 days then dispose of it. Check your state.

  • Real Estate Investor · scranton, PA · Member since 2010 · 174 posts · 14 votes
    13y

    in pa if you do the repairs yourself and not under a diff llc or something...labor cant be billed for as i understand it.

  • Investor · Lucas, TX · Member since 2010 · 620 posts · 352 votes
    13y

    Paypal. *shudder*. Those guys have screwed me in the past by reversing a payment for an item I shipped internationally. No review. No appeal.

    When I have to use them I have a separate bank account attached to Paypal and sweep the funds out immediately.

    Bottom line is though; only ever accept cash, cashiers check or money orders for move in rent and security deposit.

  • Renter · Las Vegas, NV · Member since 2013 · 19 posts · 1 vote
    13y

    I would not allow anything stored at the house either. I wouldn't accept the key or refund any money until a completely clean break is done. Is there a designated time limit for refunding monies? This should provide enough time for her to move out completely, and for you to change all locks.

  • Member since 2011 · 798 posts · 216 votes
    13y
    Originally posted by Tim W.:
    "AFTER (!!!!!) she moves out, change the locks. You can't just change the locks while she has any right to the property. Once she surrenders the key and moves her belongings, change the locks."

    Not the way in my state. We can move someone's stuff to offsite storage for 30 days then dispose of it. Check your state.

    You can move a tenant's stuff outside DURING their paid lease in your state? Is that only if they were evicted or told you they moved/surrendered key?

    In my state, tenant's lease has to be over for me to be able to move their belongings offsite for 30 days. If they've paid me rent, say, until June 1 but move out now, I couldn't just move their stuff out now, even if they told me they had moved -- but paid through June 1. I'm supposed to hold their stuff for 30 days, but can charge them normal storage fees.

    Definitely check one's own state.

  • Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
    13y
    Originally posted by Jon K.:
    You can move a tenant's stuff outside DURING their paid lease in your state? Is that only if they were evicted or told you they moved/surrendered key?

    As I read this, the tenant took back her last rent payment. Non paying tenant, moved out, yep - I can store her stuff some place secured for 30 days and it doesn't have to be the unit she was in. She gone.

    As a side note, I wonder if an attorney could legally comment as to whether or not the condo's storage unit would still be considered as part of the rented place? It would be one way for her stuff to still be "in the unit" without the crazy biznatch having access to Audrey's condo.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.