All Forum Posts by: Ryan D.

Hi Marcia,

Great feedback. Thank you.

We have had significant problems with the tenant in only the one month since moving in. And unfortunately we are only 1 month into a 24 month lease.

He didn't pay rent (paid on the 3rd day of the pay or vacate notice). He has threatened and harassed me as well as work crews I have had come to the house.  I have tried twice to negotiate a win-win by offering him his full security deposit and last month's rent back. He ignored both of my requests to part ways civilly. 

I agree about the frosting. It's a minor issue and although we did provide window coverings, it's not the meat of our case. It's the 4x4.

Really we can fix this easily and probably inexpensively, however, we are looking for an legal opportunity to get him out of the house.

Thanks,

Ryan

Hi Linda and Kim,

I do have pictures of before and after.  Interestingly enough, the tenant texted me pictures of the work after he did it.

I will file the paperwork for the eviction asap.

I believe in Colorado it's just the 3 days cure time.

Thanks,

Ryan

Hi Linda,

Thanks for the reply and solid point. My lease states the following:

8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Colorado Lease Agreement.

With that provided, it sounds like I do have a strong case.  Thank you!

Hi Bigger Pockets,

I super appreciate your time and help here.

I have a really difficult tenant in my house.  On Friday I posted a 3-day comply and pay or vacate notice.  He had not paid rent and had modified the property without written consent (he removed a front porch overhang 4x4 post and frosted the front door, back door, and bathroom windows).  In that 3 days, he did pay rent, but did not cure or "undo" the house modifications.

I would like to file the eviction based on him not curing the house modifications.

From my perspective a breech of the lease is a breech of the lease.  My question is: 

Do you think I have a strong enough case with him removing a 4x4 post on the front porch (I am not sure if it's load bearing or not) and frosting a few windows?  Will I win this eviction case?

Thanks,

Ryan

Hi,

I have a tenant in my rental property that has been very challenging since moving in a few weeks ago.  Yesterday I was having the roof replaced and this tenant verbally harassed the roofing crew.  He was cussing at them and threatened to "hit them on the head with a hammer."

The crew left the job and doesn't want to come back, which is completely understandable.

The roof is only 1/2 completed.

Please help me with 2 things:

1. Is this an evictable offense?

2. I need a reference for a solid and affordable attorney that can help me understand if I can evict and how to do so. 

For reference, there have been other breeches of the lease including him modifying the property without my consent. He has threatened me as well. 

I need to get him out and need help as a new, young landlord.

Thank you for your time.

Hi Bigger Pockets,

I am a young landlord that just has two rental.  One is going great and the other I just filled with a tenant that is causing me a lot of stress and problems.  

Over the weekend he said he will not pay rent due to some issues he has with the back deck. I had a contractor out a few days ago and it is up to code and safe.  

My lease with him started on the 15th of the month (he paid 1 month of rent then), so normally that's when rent would be due for the next month.  However, the lease he signed states the following (it wasn't updated from the previous time I used the lease when it started on the first):

3. RENT. Tenant shall pay to Landlord the sum of $1950.00 per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. Weekends and holidays do not delay or excuse Tenant’s obligation to timely pay rent.

Here is my question:

It's not ideal that the lease started on the 15th, but states that rent is due on the 1st of the month.  

Should he pay 15 days in advance of the next month? Or 15 days into the next month?

I am asking because he is threatening to not pay and I need to understand when rent is considered delinquent to issue the "pay or vacate" notice.

Please help! 

Thank you!

Ryan

Thanks everyone for your time and responses.  

Bill, unfortunately, I tried the happy clause and sent him two emails about it with no response.  I had to move all communication with him to email or certified letter (all recorded) because of the harassing nature of his calls with him (he would start yelling and cussing when we would we talk).

I know a lot things I would do different now, I just need to get through this lease!

Thanks again!

Best,

Ryan

Hi Marc,

Unfortunately, I put the tenant in a 2 year lease (( will never do that again).  We are only 3 weeks into that lease! :(. I just called and left you a voicemail.  I'm looking forward to connecting with you.

Chris and Marc, thanks for the responses. I really appreciate it!

Hi,

I have a rental property in Golden, CO and recently had a tenant move in that is verbally harassing, making threats to sue me and to "make me pay," and demanding repairs and cosmetic upgrades that are not necessary.  I am a young landlord and just do this on the side (full-time engineer). I am worried about the sue threats he is making and beginning to think I need to hire a property management company to take over.

For reference, the rental house is in really great shape and I feel like the tenant is just trying to cause problems.

Are there any recommended property managers or property management companies you would recommend I look at in the Golden, CO area?  

Thanks for your help and time.

Best,

Ryan

Hi,

I have a new tenant in a rental and in two weeks it's clear that I made a huge mistake putting him in there. He is extremely demanding that I fix and make any house modifications that he says and has recently told me that he has shut off water to the sprinkler system because it's a waste of money for him.

Unfortunately, I do not have a specific lawn care clause in the lease.  However, I do have the following written:

17. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Colorado Lease Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.

Can I use that section in the lease to hold him responsible for damage incurred to the lawn when the lease is over?

I have learned so much about holes in my lease since having such a difficult tenant (which I will include in the next lease version), but I am stuck here with him for now?

Any other advice for me would be greatly appreciated as I am pretty new to the landlord thing.

Thank you,

Ryan