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Updated about 2 months ago, 11/09/2024

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John McCarthy
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How to deal with a very difficult tenant

John McCarthy
Posted

I have a tenant who isn’t cooperating with necessary repairs. She reports issues, but then doesn’t provide a date or time for us to come and fix them. This leads to the problems worsening, and I end up having to hire an emergency technician to handle the repairs. This has become a recurring issue.

I'm also unable to enter the property with notice because she claims there are minors in the home. I want to respect her privacy, so I don’t feel comfortable entering when she’s not there. How should I handle this situation?

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Theresa Harris
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Theresa Harris
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Replied

If the minors are old enough to be left home alone, go with the repair person.  Give her a time when you will be there and don't take no for an answer.  Tell her that they need to be done and can't wait.  The kids can always go to a friend's house while you're there.


I'd also look at when her lease is up for renewal and tell her you are not renewing her lease and she needs to find another place to live.

  • Theresa Harris
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    Nathan Gesner
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    • Cody, WY
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    Nathan Gesner
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    • Cody, WY
    ModeratorReplied
    Quote from @John McCarthy:

    I discuss this in my book. You have to understand your rights and maintain control of the situation. 

    I would contact the tenant and have that discussion now, not in the midst of a storm. Like most states, Georgia gives you the legal right to enter for inspections, repairs, or showings. You do not need permission, but you should give 24 hours notice (or more), and enter during reasonable hours (e.g. 9am - 6pm).

    Contact the tenant and tell them when you will be there for the repair. I try to give them a couple options, but I do not let them refuse entry. If they do, it's a lease violation. If their rejection results in additional damages, they are financially responsible.

    Do not enter the home when children are home alone. Always ensure an adult is home, or that you are going in without anyone present at all.

    • Nathan Gesner
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    Robert Thompson
    • Real Estate Agent
    • Atlanta, GA
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    Robert Thompson
    • Real Estate Agent
    • Atlanta, GA
    Replied

    It sounds like a challenging situation, and handling it requires balancing the tenant's rights with your obligations as a landlord. Here are some steps you could consider:

    1. Clarify Expectations in Writing: Send her a formal letter (via email and a physical copy if needed) explaining the importance of scheduling timely repairs and how delays have impacted the property and repair costs. Politely but firmly emphasize that access is required to maintain a safe, habitable home.
    2. Propose Multiple Appointment Options: Offer a few specific dates and times for the repairs, emphasizing that this is to address her reported issues. Request that she confirm one of these options or propose an alternative.
    3. Set Clear Policies on Access: If you haven’t already, share the access policy stated in the lease agreement or according to state law. Many states allow landlords to enter the property with appropriate notice (often 24-48 hours) for repairs, even if minors are present, as long as it’s done respectfully and with prior notice.
    4. Discuss Lease Terms and Future Considerations: If this continues to be a recurring issue, consider including a clause in future leases addressing tenant responsibilities for cooperation with maintenance and repairs to avoid escalating issues.

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    Adam Bartomeo
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    Adam Bartomeo
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    Replied

    DO NOT enter the home if there are minors without an adult present, EVER! You open yourself up to too much liability.

    1. You have the right to enter the property to preserve the property.

    2. If the tenant is making the situation worse by not allowing the repair to be made then you should charge them for the repair. 

    3. Document, document, document, all of the attempts to set appointments for the repair.

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    Christen G.
    • Rental Property Investor
    • Seattle, WA
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    Christen G.
    • Rental Property Investor
    • Seattle, WA
    Replied

    Im sorry this is happening. It's so frustrating.

    I agree with what everyone else has said with regard to minors and entering the home. I would add that when Ive come across this situation (my tenant's excuse was "I have a cat i dont want it to get out") I've had a very frank conversation with them. It went like this, "You called me and I am trying to help this situation. Legally I need to give you XXX hours before I enter. I have done that. Again, I will be entering on XXXX to fix XXXX. I will not let your cat out." Same tenant ad I another conversation that went like this: " I can send a technician but if i recall correctly you would like to be home when someone is there. I don't have time to be the middle person between a contractor and tenant. Are you able to schedule with a technician once I find one that's available? If so, please give me the best phone number to give them to coordinate with you. They will bill be diretly."
    That one worked like a charm.

    I will not be renewing this lease.

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    Alecia Loveless
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    Alecia Loveless
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    @John McCarthy I’ve been told in New Hampshire you now must DOCUMENT issues before you can just not renew the lease.

    Would recommend documentation to make sure you’re covered if you have to go to court to evict.

  • Alecia Loveless
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    Alex Craig
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    Alex Craig
    Professional Services
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    • Memphis, TN
    Replied

    Make sure everything is in writing. If there are issues, make them provide pics. You have the right to enter the property; I would bring someone with you as a witness. 

    • Alex Craig
    • 901-848-9028