All Forum Posts by: Amanda B.

@Henri Meli - selling is definitely the answer, I know. The only problem is, unless I can get someone to agree to rent while it's on the market, I'm out $850/month on the mortgage until it sells. We are considering getting financing to have all the windows redone (they really, really need it) and maybe that will be what it takes to get the house to sell for what we owe (and we take a loss on the windows).

We went today and the roofers think they found a spot under the bathroom window where water was getting in - so hopefully that fixes the water issue. It still seems odd to me that it just started happening out of nowhere, since the window's been like that for a LONG time. Also, the first time it happened, it wasn't even raining. I have a feeling that, either way, the issue isn't going to occur again.

Even after the notice, they are still leaving the trash in bags on the back deck. Still butts all over the front yard. They do seem to have at least swept the floors. I did discover that there is further damage to the door since the last time we were there. The knob/handle is now loose and all the screws are missing from the inside knob. The door doesn't close well or all the way and it looks like there's new damage to the door frame, maybe like someone was slamming it? They are belly aching because they broke their one good key and now copies are not working (probably partially because it's an old door and partially because they damaged the lock when they broke the key). They are trying to claim the door was always an issue, but the first time I heard about it was a few weeks ago when they guy told me he broke his key and asked for a new one - this was also when we discovered the damage to the door. He's refused to pay the $25 key replacement fee because he says the new keys don't work (we tested them, and because of whatever was done to the door, you really have to play with them to make them work).

Anyway, it seems like they're not going to take the notice seriously and they are certainly not going to pay for the door (I was going to let them just replace the window section, but not now that there is additional damage). I did get pictures.

Thats an interesting idea, but I don't know if I would be comfortable with managing something like that. W&J College is near, but that area of town is nicer and has a bunch of new dorma and old victorian's turned into dorms.

I just wanted to thank everyone here again for taking the time to read and respond to my issue/question/rambling. I feel a lot more confident in my actions now, and as much as I hate the conflict still, I now finally feel like I'm the one with the upper hand (as I should be since I OWN the property!!). I'd love to hear any more suggestions, particularly on resources for maybe learning to deal with conflict and for being assertive (which I usually have no issue being, nor do I have leadership problems, I've been in management for years!!) with tenants. I've read a few posts on here where people mention mantras, I really like that. I'm also willing to read any books you all suggest. Thanks again for lending your ears and expertise!!

Also any more resources or suggestions for screening the next one would be most welcome!!

@Joe Splitrock I'm on the same page with you. I have two cats. I love cats. I'm glad people want to adopt cats. He can do it in someone else's house. You're absolutely spot on that, given their inability to keep things clean (and I can't even tell you how many times the one guy has gone on about how clean they are, presumably because the house isn't CLUTTERED), I would never approve them to have an animal, even though that's something I do typically allow. Thankfully, there is verbiage in the lease that they need written permission for any new animal. They don't have any right now.

It just goes to demonstrate the audacity of these guys... He didn't ask if he could get a cat, he didn't ask what he needed to do to be able to get a cat, he just told me he was getting one. It's clear that they never actually read the lease (my husband said he never read his leases when he was a young, renting man, so I guess it's not uncommon, but my husband isn't a dirty moron either). It's kind of like opening up a box of floor tiles that don't belong to you and using them without permission, then pitching a fit because I told you that you had to pay for them (a whopping $25)! These guys are just overgrown children (they're in their late 30's btw) and I just don't want to deal with them any more if there is a way out. Especially if they are going to cause significant damage and then lie about it (the front door).

The taxes have just gone up, unfortunately. Like I said, it doesn't make any sense because the area isn't getting any better. Maybe they're doing it in an effort to make the area unaffordable to certain people? Who knows! Believe me, I would love love love to sell that place. We came close once, but they were HUD buyers and came in way under then changed their mind very quickly. Other than that, it sat empty for a year on the market and was broken into and a bunch of copper was taken. As much as I hate dealing with renters, dealing with an empty house is also a nightmare when I live so far away from it!

Hi @Michaela G. - I actually sent them a notice for several things (I do know that lying and being filthy are not reasons, except where such things break the lease - like not keeping the garbage in bins outside, spelled out in the lease.) As far as smoking, there is no smoking on the premises period. Does that stop them from smoking on the sidewalk out front? Nope, I know. BUT they can't leave butts in the yard.

I realize that I cannot evict them for some of these complaints alone, but it's a aggregation of all of the lease breaches and damages (again, I didn't cite the ceiling since I don't have proof that it's not an issue with the house). Here what was cited, and I did read this over to an attorney who gave it his approval:

1. Not maintaining appropriate container(s) for outside trash (in the lease)

2. Not maintaining a cleanly state inside the home (in the lease)

3. Using property inside the home that does not belong to tenant (box of tiles)

4. Using a space heater inside the home (in the lease)

5. Not reporting damages to Landlord (in the lease that they will report IMMEDIATELY)

6. Smoking on premises (in the lease)

Under each of these I gave the observes issue in detail and why it is a breach of the lease.

I also have another section that tells them how they can rectify each issue, with a time frame. This includes paying half up front for the damaged door to be replaced, and I attached the estimate. Then paying half upon completion of the work.

At the very end I have this:

1.If you do not wish to comply with these remedies, you may leave the property within 30 days of the posting of this notice

a.You will forfeit your security deposit

b.You will not be exempted from complying with the terms of the Lease agreement

c.You will not be exempted for paying rent for the months that you have occupied the premises (rent will not be prorated)

d.You will not be relieved of responsibility for damages to the property

e.You will not be evicted and thus will not have an eviction on your credit history if you remove all of your property from the premises within 30 days, return all keys to Landlord, leave the property as you found it (including but not limited to clean and free of debris) and do not cause any further damages

Eviction is costly for myself as well as for you. Eviction will make it difficult, if not impossible, to find another place to rent. I would like to avoid this measure for my own sake as well as yours.

I would also highly recommend that you review the terms and conditions set forth in the Lease agreement so that you understand it and please let me know if you have any questions.

The lawyer suggested that a judge would find 30 days reasonable, given the amount of the estimate ($3600 total for the least expensive door, which is not even comparable aesthetically to the current door). I'm not asking them to fix the ceiling until I verify that nothing is wrong with the roof or window, which will be tomorrow. I will then write them up a separate notice for that.

It's also my understanding that this doesn't serve as a notice to vacate and that, after 30 days, I will need to give them one of those, which needs then 15 days for breach (it's 10 days for non payment of rent)before I can file for the eviction.

On another note, with all these issues outstanding, one of them had the nerve to tell me (not ask) that he was adopting a cat. I do allow pets, but they need written permission and there are things they need to sign and pay extra rent. I told him I will not give permission for a pet until they rectify everything in the Notice.

@Joe Splitrock - I have owned the property for 12 years, yes, and the mortgage payment has increased because the taxes have at least doubled (which is insane, given that the area isn't getting any better). I also have to pay for a landlord policy on the house. Both of those things are easily adding $200-300 to the actual mortgage. It's about $800. I can't really charge more than $850 for a 2 bedroom in the area. I have spoken with a realtor about it and she agrees. The house was refinanced once, with money taken (back when I was still married to the person I bought the house with). This added quite a bit to the principal. You also have to consider closing costs and realtor commissions, so I have to sell for at least $10K more than I owe and I owe about what the house is worth (maybe a little less). The problem is that it's a tiny 2 br in a not so great area. And also, like I said, the basement was partially finished when I bought it, now it's a mess. There was also a half bath down there that got destroyed. It could certainly be reinstated, but now it's a 2 br 1 bath, and what I bought was a 2 br, 1.5 bath.

I did NOT say the source of the water damage was the tenants. I said that I originally had a plumber there and the PLUMBER stated that the tenants got water on the floor (the curtain was outside the shower) and that's what caused the issue. I originally told them they needed to pay for it and fix the ceiling. Then, mysteriously, it happened again not long after they were told to pay for it and given the bill. Now, we have had rain and melting snow, huge storms, etc. This "leak" has happened a total of twice in approximately a month. The ceiling is bone dry right now, and was after our heaviest rain a couple weeks ago. Still, I had another plumber come, who said there is nothing wrong with the plumbing. I am meeting a roofer there tomorrow. My gut instinct here is that they caused the problem to occur again because they didn't want to pay $100 for the plumber (after having to pay $50 for trip fee for the time they didn't answer the door when he came). HOWEVER, I am doing everything I can to ensure the problem is not with the house (as much for my sake as theirs, because it's not going to do me a damned bit of good to have them pay for it if it's going to keep happening).

They have turned this incident into a reason NEVER to pay for anything. They are accusing me of trying to make them fix and remodel my house, basically, which certainly is not the case. That's why I am wishy washy on making them pay for stuff, because I AM trying to be fair and not accuse them of things they didn't do.

To be clear, the ceiling/water damage is NOT the reason for evicting them. Primarily, the damage to the front door, their filthiness and the lying and story telling all make me want them out of there. Also, it's a no smoking property and the front yard is littered with cigarettes. Now, there's all this push back from them, and probably for the reason given by everyone here: I have waffled on things and not stood my ground. But what you're saying now is that I am accusing them of something they didn't do, and that's what they're saying and that's where I am stuck :-)

@Michaela G. that's a great suggestion! I'm obviously one of those people that needs to talk to an expert to allay my fears and anxieties. something like that would be great for me to make sure I'm doing things correctly without the hefty price tag.

Each time I have put the house for rent, I have offered rent to own. I have also made it clear to tenants/applicants that I am willing to sell to them at any time. The realtor I was using to try to sell did say that the whole rent-to-own process can be messy and require down payments that some people may not be able to come up with. She recommended just getting a tenant in with the option to buy, but not under contract to do so.

@Andrew Herrig - you're totally correct, but I don't have $10k up front, right now, to get the house sold. Believe me, if I did, I'd do it.

Also @Michaela G. I just want to be clear that they have paid their rent. They were late twice since they moved in in September, had stupid excuses both times, but they paid and paid the late fee without hassle. Other than that, they've paid their rent and on time. It's more the other issues with breaking stuff and causing damages and refusing to pay for it.

@Michaela G. - thanks for this! I responded before I saw your post. Really that's what I am looking for, can I charge them and who has the burden of proof. I won't lie and say that house has some sentimental value to me at some point (I raised two of my kids there for many years), but now it's just become a headache and a nightmare. I don't want to be doing this and I am sure it's affecting my ability to do it. I don't have time all day to be contacting repair people, fighting with the tenants, getting stressed out, etc... I have a job!! That being said, it IS my problem and I am trying to be responsible and deal with it, there are many times I've considered letting it foreclose (it's not in my husband's name so he will maintain his good credit hopefully, if we did that). 

They have until September. That's just too long to have to deal with them unless they make a real 180. I'm doing all the communication right now, I didn't pay the retainer yet and don't want to dish out $1000+ if I don't have to. I'm still hoping they will just leave (I told them in the notice they can leave in 30 days if they don't want to comply and I won't file an eviction).

@Mindy Jensen - I'm ALL OVER the screening next time. Not worth having idiots like this to deal with.

@Henri Meli - I'm truly, literally, not able to sell it at break even. It's not in a great neighborhood (I mean, it's not the projects or anything and it's not a HORRIBLE place, but it's lower income for sure). I don't have any equity in it because the house has actually LOST value. The windows all need to be replaced, the once partially finished basement once flooded, then had water problems after (it's waterproofed now, another $5500 I had to sink into that house), is now just a typical, gross, crumbling concrete floor typical Pittsburgh basement.