All Forum Posts by: Ali BenAyed

Quote from @Theresa Harris:

When is their lease up?

I did not see an answer to this question.  

If a unit is not rent controlled, the least problematic way to get rid of an undesirable tenant is to raise the rent above market rent.  Prior to my market being rent controlled, I never terminated a tenant that was current on their rent.  If I had a poor tenant, I simply raised their rent above market rent with 60 days notice (60 days before the end of the lease).  Tenant then gives me 30 day notice.  They likely think I am clueless about the market rent and thinking I will be surprised when I cannot find a tenant at the new rent amount.  I do not care.  My goal is to get the less than ideal tenant out without them damaging my unit. Seeing that I did not terminate the rental, the tenant typically is less resentful.

i also 2nd showing dogs are present at the property should be easy and an easy means to evict the tenant.  

good luck

Quote from @Ali BenAyed:

Quote from @Chris Seveney:

@Ali BenAyed

1. Do you have a property manager

2. Have you performed an interior inspection of the unit? Pretty easy to tell if someone has been smoking

3. Have you considered Putting cameras on the outside of property.

If you want them out then you need to be more aggressive than just sit and listen to a neighbor and call one attorney

I’m the manager, haven’t done inspection yet, the neighbor has cameras. 
being agressive with a delicate situation  doesn’t resolve the issue. This needs a game plan which is what I’m doing now. Thanks for the tips. 

By being aggressive I mean take action. You will never get a tenant out by sitting on your hands. Schedule an inspection, if they fail to let you in, then document it. You will not win in montgomery county unless you get your hands dirty and are diligent and aggressive. Pandering to a tenant will get you nowhere. Some people do not have the backbone to handle these types of situations and thats ok if someone is not like that, then they need someone who does. People need to run their rentals like a business not a charity or a therapy center. 

As a sidenote, I fail to see what is delicate about the situation? 

@Ali BenAyed

1. Do you have a property manager

2. Have you performed an interior inspection of the unit? Pretty easy to tell if someone has been smoking

3. Have you considered Putting cameras on the outside of property.

If you want them out then you need to be more aggressive than just sit and listen to a neighbor and call one attorney

Hmmm @Ali BenAyed - I know some states/counties have laws that are certainly NOT in favor of the landlord; however, here I'm to believe that in Montgomery County MD that a tenant can do ANYTHING THEY WANT in and to your rental property (regardless of lease violation) with NO FEAR of eviction - as long as they pay the rent!? That just sounds like it can't possibly be true, because if it is, why would the lease need to state anything more than the rent amount if nothing else matters? But if it is true, then I would only write month-to-month leases.

I feel its bad form on your part to try to void the lease or look for loopholes to void the lease.  Especially for good tenants over only $300?  Really???  You made the mistake of accepting a 4 year lease or if you just acquired the property, you are responsible for the terms you have accepted.  This is a landlording learning experience.  We all have been through them and they have cost us many thousands over the years.  Don't try to squeeze good tenants in this way to make more money.

You don't need an expert in contract law, you just need common sense. No judge is going to void a lease two years into it for a phrasing mistake. Since this was YOUR lease and YOU had control over the wording, every single thing that is unclear or contradictory will be ruled in favor of the tenant. That is just common practice. 

As for the second dog, you can try to get an eviction based on that or try to negotiate increased rent, but it's probably a lost cause. Five minutes of time and the dog becomes an ESA and you're screwed and have previously good tenants that are now unhappy with you. 

Next time you're crazy enough to offer a four year lease, build in annual rent increases.

Aloha,

It is extremely rare that you can void an entire contract with contradictory phrases. More likely a Judge would nullify only those particular contradictory statements, or even keep the one that benefits the tenant more.

You state that the tenants "keep the house in good condition". What does your Rental Agreement state regarding "additional" pets? That is the action you need to take...informing them they are in violation based on (direct observation, photos, social media, etc) and have X days to correct (per local law and/or your Agreement). If your Rental Agreement states $X per animal, there is your answer for rent increase. If you didn't cover any of this in the Rental Agreement, the only thing left is reaching "mutual agreement".

Did you not include automatic "step ups" in the rent over a four year period? At a minimum there should have been an increase based on an estimated inflation figure, or actual CPI increase for that long of a term, otherwise what possible benefit is it to you? You cannot handcuff a tenant to the property, stuff happens and they move out. It is far better to have an annual conversation with them over renewal rate and term based on their then current intentions.

Offer them $2,000 to move. 

Don’t forget you’ll have a month of vacancy, a few thousand in make ready, etc etc. So the first year’s gains won’t go in your pocket. So make sure the next tenants are even better than current tenants or it’s a losing proposition. Especially if they move out after a year and you have the same expenses again. Then you’re two years in at higher rent but no more money in your pocket. 

Why would you provide a 4 year lease?  For a residence?