All Forum Posts by: Mary A.

For tenants who have not kept the unit in stellar condition, I have found that as I continue thru the Makeready process, in some units I continue to find damage that I didn't find on my initial inspection. For instance, the lesson to always check the stability of curtain and towel rods. If we give the tenants a list then find something later it could be distressing for the Tenant who may have had an expectation of getting back all or most of their deposit. Bc of this I prefer to not do them with the tenant, and haven't had anyone insist on doing together. Hope this helps.

@Cassi Justiz I wish I had been cognizant of having difficult/inherited tenants on month to month Leases before I delivered these two renewals, both to inherited Tenants.  I appreciate the confirmation of giving 30 days notice that can be revoked.  Will have to decide which is optimal - that or not having a winter vacancy.  Thank you for taking time to respond.

@Nathan Gesner Finally figured out how to link names.  Please read my response to Andrew B., your responses were so similar, I began responding to both of your posts, and even erroneously attributed a sentence of yours to him.  Tenant situations can be difficult, and knowing I can come here and research or post is a gold mine.  I am tending toward the 30 days notice as you suggest, but may wait until it is past the holidays and more advantageous to me (pool of potential renters increases).  I will definitely ruminate for a day or two before making a decision.  Thank you very much for sharing your experience.  

@Andrew B  Please forgive, I included a quote from Nathan G. in my response to you.

@Andrew B.  I wish I had much earlier heard your business practice of keeping inherited Tenants on month to month.  Her Lease has expired, and she is aware of this.

"I would not offer a term lease to someone who felt they were in charge and could just ignore notices."  That is the entire problem.  And it is very difficult to not chafe under that and be objective about the situation.  She sent a text on the 29th that she would deliver rent check and Lease to me the next day (didn't mention whether she had signed it).  The rent check arrived on the 31st without the Lease.

"Send her written notice that she failed to met the deadline, her lease is expired, and she is now a "holdover" Tenant subject to eviction."  This would be my preference, but that last 'E" word would be the equivalent of waving a red cloak in front of a bull with this Tenant.  I think giving her 30 days notice is more the way I will go (and keeping the rent check), and am cogitating on strategically placing that end date closer to early next year, renters come out of the woodwork for me then (4 rented in one month 2 years ago).  I will let things settle for a day or two at least before doing anything.

Thank you very much for your succinct comments.

@Brenda E.  Yes, we don't want a high amount of Leases expiring at the same time.  I sent Lease renewals to the Tenant mentioned and one other.  Will space out end dates of subsequent renewals, I expect to have many.  With a tight screening process and a firm initial conversation script, I have mostly great Tenants now.  That compensates somewhat for dealing with problems with the inherited Tenants.

@Mary Mitchell  You ask if I have added items to the Lease that apply only to this Tenant.  The answer is no.  I had problems with another inherited Tenant, I discovered she had painted her bathroom and kitchen.  I wanted so badly to raise her rent to market rate (she had been a resident for 15 years and her rent was $200 under market), but I knew I could not make a change that applied to only one Tenant - we have to treat all the same.  This second Tenant did not seem to appreciate that her rent was that below market rate, and the first Tenant mentioned seems to feel, as Andrew B. put it, that she is in charge.  I created an addendum based on my last Houston TAA (HAA) Lease that states the market rate and makes their lower renewing rate (for retention) a rent concession.  Similar to the HAA rent concession I signed, my rent concession states reasons that will void the rent concession.  ALL renewing Tenants will get this addendum.

You are correct about seeking objectivity.  As soon as I completed the letter I posted here I knew that was what I needed and came to BP.  Reading the generous posts has given me more objectivity.  There is so much to learn about handling Tenants.  This one definitely surprised me.  I was told that she was the sweetest lady there ever could be by previous management.  Then the first time I entered for maintenance the hostility started.  Everyone has their own triggers, this one was a shock.

The problem is, she is on a TAA Lease, and TAA membership is required by that Lease.  I need her on my Lease.  That is the conundrum if she does not want to sign, and I would rather not give up the income.

You are in Oregon.  This is Texas.  I deleted a few sentences here, but suffice it to say that I tried to be nice to everyone no matter what in the beginning and I ended up with Tenants who thought they could walk all over me, and contractors who didn't take me seriously and didn't complete jobs.  The letter I posted here is too strong, I need to find a middle point.

Thank you very much for your gracious responses.

@Lynette E. @Brenda E.  Her Lease term is up and she is on month to month.  Thank you for your response.

@ Mary Mitchell Thank you for your comment. This would normally be next step. She has not asked any questions about the new lease, and stated on the 29th that she was ready with rent check and lease (didn't state if she had signed). This tenant has been disrespectful and obstructive in the past. I am currently limiting contact with her to in writing. I just want to get her on my lease so I am covered to deal with future events. Thanks again.

As a relatively new Landlord managing my own property (15 units in Texas), I have several inherited Tenants on TAA Leases (I am not a member), that I am now updating.  I carefully reviewed the existing Leases and gave the appropriate notice.  Also gave a copy of the new Lease for review 2 weeks ago, along with another letter.  Both letters contained polite and professional text that stated that if they wished to renew their Lease to sign and return before Oct 31st (new Lease and rent increase to take effect on Nov. 1st), or if they did not elect to remain a resident to give the notice of move-out as agreed to in their present Lease.  In other words, I gave them two options.  Now, one PITA inherited Tenant has chosen a third option.  She dropped her rent check due Nov. 1st (with the rent increase included) without returning the signed Lease.  My first instinct is to return her rent check to her by registered mail (so she will have to sign and prove she received the letter) and also a copy of the same letter slipped through her front door:

"Dear Ms. X:

You received notice of upcoming Lease renewal on September 26, 2019. You received a copy of your Lease renewal on October 21, 2019, along with a letter requesting that if you wished to renew your Lease, to sign and return to the Landlord by October 31, 2019. Alternatively, if you do not wish to renew your Lease, the accompanying letter requested that you give the notice of move-out as required by your current Lease. Neither a signed copy of your Lease renewal, or a notice of move-out has been received by the Landlord.

Your rent check for the month of November was received today. It is being returned to you herewith. Your rent for November can only be accepted when accompanied by the Lease renewal copy you received that has been appropriately signed by you, or when accompanied by your notice to vacate.

Please call if you have any questions."

Now that I have written all this, I suppose that, as a Landlord, refusing rent would be foolish.  I have a standard letter I give when a Tenant has given their notice of move-out.  But I would like to give her one more chance to sign the new Lease.  She is a PITA, but I have addressed that by new clauses in the Lease, and even though her rent is below market rate, her rent amount fleshes out the bottom line, and move-outs cost money. I will, however, not tolerate her living here without signing this new Lease, and will proceed to evict if necessary.

Requesting recommendations on next step (content of letter to write).  Since she has chosen not to sign the new Lease, hasn't she chosen on her own to be in a state of non-renewal?  

Thank you very much for your comments.