All Forum Posts by: Wesley W.

What @Chris Seveney said.

As soon as they make these kinds of accusations, inform them that henceforth all communications will need to be through your attorney.  They don't get to sabre-rattle, threatening legal action and still maintain the same relationship with you.  Hiring counsel will give you the confidence and piece of mind to focus on your very demanding everyday life while you disentangle yourself from this woman.

I'm a bit confused about her status.  Has she vacated?  If so, has she indicated such by leaving the keys and/or notifying you in writing?  If she hasn't, put this on your attorney's plate, as well.

This is an important lession you've learned and I am sure you will modify your processes moving forward to avoid this situation in the future.  Indeed, tenant screening is 80% of the secret sauce.

Good luck!

Usually this is one of those times that you'll have to wait until they are out to show the property in earnest.  I've seen this sometimes as a passive aggressive retaliation to the showing of the property, even though it is clearly allowed in the lease.  You also run the risk of burning good leads by showing them a filthy apartment.

You may want to appeal to your outgoing tenant that each of your goals are aligned, and the sooner you find a qualified applicant, the less showings will need to occur - and the level of housekeeping (or lack thereof) is working against that mutual goal.  I would under-react about the house cleaning as they will be quick to retort that they are in the process of moving - just state that it would be helpful to have the apartment "show well" so you can get this part of the process over with and both you and they can return to preparing for the transition.

Remember, a palpable business strategy for insurance carriers is denying claims.  The fine print has been written and massaged by someone who has much more of grasp of the legal aspects of the industry than we have.  So, you may not have the coverage you think, and this insurance is only a profit center for the company if the premiums exceed the payouts.

I wouldn't think this is a good idea, for the reasons @Josh Young outlined.

I use Craigslist, Zillow, Apts.com and FB Marketplace.  What I have learned is the usefulness of the lead-generating sites is very market-specific.

If I were to estimate, in the last two years, my lease-ups came from Craigslist (20%), Apts.com (20%), Zillow (30%) and FB (30%).

Most of the responses from my ads come from Zillow (40%) and FB (50%), but most of those leads are woefully unqualified (especially FB). I still get qualified candidates from all sources.  Some just have a different signal-to-noise ratio.

I wouldn't think so, but I would make it a point to be well versed in your local laws.  A lot of these things should be spelled out in your lease.

25. WAIVERS: Our acceptance of Rent after knowledge of a breach of this Lease by you is not a waiver of our rights nor an election not to proceed under the provisions of this Lease or the law. Our rights and remedies under this Lease are cumulative; the use of one or more shall not exclude or waive our right to other remedies... 

I would also get to know a reputable landlord/tenant attorney in your market.  They are worth their weight in gold when the rubber hits the road.

Well, they could do any anyways, but having a BK on their file increases that chance quite a bit.

It's possible that "back rent" may be discharged under a BK.  I am not an expert on that process, but the question remains:  why are you entertaining taking this additional risk?  Are you allowed to collect several months' rent in advance in your jurisdiction?  If not...

I'm glad I'm not the only one who thought this.  "Eventually paying rent including the late fee" does not a good tenant make.  Coming from a landlord, "at least they are paying" I think, reinforces a negative stereotype in our industry.

If they do not have respect for this part of your signed contract, they will also flout other parts - whether or not you are aware of it.

I would press them for a notice to vacate in writing for May 1, and if they hesitate at all, I would make sure you issue you own notice to terminate/non-renewal in plenty of time to be compliant with your jusidiction.

I think you know this already, but I would not have let them go this long without paying for damages.  In my lease, the invoiced damage is due as additional rent on the very next month.  So, they would have a balance due and owing if they did not pay.

Let's hope they get out of there without too much more of a loss for you.  We'll see.

Are you concerned that they have once again delcared bankrupcy?  If they do so while owing you money, you (a) may get that debt owed discharged, and (b) they may or may not be compelled to move out of your property. (i.e. they may have back rent discharged by the court, but they are still living under your roof.)

Aren't there other applicants whom are qualified that will rent your property?  You are taking a business risk by signing a contract with them.  As long as you are aware of that, you are free to rent to whomever you choose.

I get that you guys are critical of the lack of tact the OP has shown here.  I think that point has been taken.  But I'm a little bothered by the notion of the "heartless", "egregious" etc. comments about the raise.  Perhaps the mistake was not keeping the rent near market, and now doing the "market correction" - but the market rate is the market rate for a reason.  This is what housing costs these days.  Property owners have operating expenses that are rising just as fast as everything else in society.  Every other industry is passing those costs on directly to the consumer.  What other choice do they have if they want to remain solvent?  When eggs doubled in price in the blink of an eye did you scold your grocer for being "heartless"?  That's what things cost.  Blame Putin, like some were trying to do a bit ago. ;)   Not raising the rents to market is just subsidizing someone else's lifestyle at the expense of your own household.  We are living in inflationary times.  It frustrates me that landlords are held to a different standard than the supermarkets, gas stations, and cable companies.

I guess the more diplomatic thing to do would be to issue a notice to vacate for a protracted date (90 days was mentioned) with no raise, and then part ways.  It seems evident that this tenant can no longer afford an apartment like this, so this would give them a time to come up with a plan to find an alternative.

Time is money.  I would issue a notice to terminate and end the madness.  It's only a matter of time before a minor financial emergency pops up for them and you'll have the time, energy and expense of an eviction on your hands.  At least with the termination it will be on your terms and timeline.  This also why I only offer MTM leases.

Good luck!