Hello All,
I am hoping to get some advice from the community on dealing with this situation. My wife and I management several home in the STL, MO area. Yesterday I was on site to install a new fire extinguisher in one of our properties. This tenant has historically had issues with management being on site for any reason and always insists on being present. It was also found Friday that the tenant is delinquent on utility bills. During the visit while I was installing the extinguisher my wife addressed the default issue and the tenant became enraged. Cursing and slamming doors. We immediately removed ourselves from the situation however on the way out the tenant made the following statement verbatim " You have a lot more to lose that me. All I have is first months rent." She had also made a statement around who knows what she can do when we aren't present. My lease agreement is written to allow me to access the home at any reasonable time. Secondly I have a section outlining Default by Tenant as the following:
10. DEFAULT BY TENANT
In the event of a default by Tenant of any rent payment or in the performance of or compliance with any agreements contained herein, Landlord shall, without demand, be entitled to possession of the property. Tenant shall, upon written demand by Landlord, quit and surrender said property to Landlord. Tenant’s obligation to pay rent for the full term shall not be terminated, provided however, that Tenant shall be entitled to credit for any rent thereafter collected by the Landlord for re-renting said property during any part of the balance of the term hereof, less any expenses in connection therewith. The remedies provided for in this paragraph shall be in addition to the other remedies provided for herein or as provided by law.
There is also specific lines in the lease around payment of the utilities. Obviously I just want to get her out of the property, I know the lease agreement states that I can take possession however i ma not sure that she would go willingly and would cause legal proceedings as result. I would ideally like to avoid legal proceedings or an eviction process, however I am prepared to go down this road if that is the recommendation. My initial plan of attack is this.
- Send notice of the interaction and outline the concern specifically around the threat of property discussion to memorialize the incident.
- Inform the tenant that due to the threat of property destruction weekly inspections will be held to determine tenants performance under the lease. (Reasonable times to be met)
- Offer the tenant termination of the lease agreement within 30 days with forfeit to any prorated rent or security deposit refund.
For those of you with experience in similar situations please let me know your thoughts here. We have dealt with difficult tenants in the past however none that threaten destruction to property. Thank you for any support that you can provide.