Hello BP community! Happy New Year! May this be a prosperous one for us all and may all of our tenants' New Year's resolutions be to be better tenants! Yeah right. LOL
Update: It's been a challenging couple of weeks. Still in the middle of the eviction process. Ended up hiring an attorney that a friend recommended. It's only a matter of time now. 5 day summons served. Tenants filed an "answer" well more like a bunch of false complaints including abuse since we raised the rent $250 (and still below market and with no rent control in Florida) but they claimed it was raised $300) along with accusations of poor living conditions to deflect from the REAL issue that they refuse to pay rent. It was a great "thank you" for all the things that WE put up with and did for them for almost 2 years. They didn't leave much off their laundry list of complaints. From an issue about AC repair that happed at 9 pm and was fixed the next day by early afternoon (of course they left out the part that it was fixed so quickly) to stating we did not clean mold out of the AC to roach infestation. They forgot about the part that they are responsible for pest control after the first 30 days. After nearly 2 years, any supposed roaches are from their doing and they never complained about this prior. There were never any complaints about mold and they also forgot that they are responsible for changing AC filters every month, cleaning the AC closet door and also when the AC was repaired, it was also professionally serviced, coils and condenser fins cleaned. All their accusations were the total opposite as to what is true. You'll laugh at this one... are you ready?? They even put they have NEVER paid late before. Funny how they complained about the late fees in their answer. Why would they complain about that if they were never late....let that one simmer a bit. Again, no late fee limit or grace period requirement in Florida and our late fees are not crazy, $25/day with a 3-day grace period. So paid on the 4th, it's $75 and $25 each day after that. My son rents an apartment that charges a $300 late fee. But if you charge just a flat late fee, where's the incentive to pay before the next payment is due? They even asked why the late fees were charged when they paid HALF on the 3rd. Like hello, half is half and NOT full payment therefore there's a late fee. Went in circles with them on that one. It was exhausting. Argh
Now asking the court to grant them more time to save money for a new place and they are afraid to end up in the street with their kids. I'm sure the court has heard it all before and can see right through it. If those awful living conditions were really true, why would they want to stay there any longer? And if it was so bad, why did they continue to renew their lease every 6 months?? I would give them a renewal/expiration notice 60 days out so every 4 months they had a reminder and the opportunity to find a new place. They also neglected to pay into the court registry the rent and any rents as they come due so that now means 2 months rent Dec and Jan should have been deposited. Attorney moved to strike their answer and entry of default.
Not looking forward to what will come next. Hoping they will be smart and move out before the sheriff shows up. I don't want to go through that scene and I'm not the one being evicted.
Started having second thoughts about having offered cash for keys instead of this whole process. I've read numerous posts and I thank all of you out there in BP land for your input on the subject but I'm still on the fence as to that option. I see the pros and cons to it but in some ways, I think there are more pros than cons. But again, the way these people refused to cooperate in any way and dug in their heels how could I possibly trust them to move out even with the lure of $$ in hand?? Sure it would have cost me less $$ but would it have really worked in this situation and how long would it have taken for them to move? May just result in prolonging the inevitable...
Anyhow, to be continued...
Bill the tenants for the repairs.
I give my tenants a "rent talk" at lease signing and have them sign a "plumbing" form. I advise them that:
1. Sinks and toilets all work when they moved in. It is their responsibility to keep them that way.
2. To not flush anything other than toilet paper. If they don't follow this rule then the potentially very high repair costs will be passed on to them.
3. New leaks under sinks are their responsibility since those are almost always caused by someone disturbing the pipes
4. Clogged toilets are their responsibility.
5. I will come to help with any of these issues but I charge a minimum $120 fee to show up and the going rate for plumbers by the hour.
These rules have worked really well for me for 20 years - I have never had a call to unclog a toilet.
@Glen Wiley Love this list! I'm going to create one to have ready for my next lease signing. I think I would also add to it that they are not permitted to pour down any chemicals to unclog the sink. How do you prevent this?? I don't know but at least you inform them that they will be held responsible if they do. Among the list of things they should not flush, I also have a clause that states they cannot use those toilet tank tablets especially the Clorox ones -- they destroy the flapper and other components in the tank.
We once had a not so pleasant experience while attempting to unclog a kitchen sink for some young tenants. After trying a plunger and some liquid plumber-type stuff, my hubby decided to buy this gadget at HomeDepot that contains CO2 cartridges -- it resembles a bicycle pump. Well, anyhow it cleared the pipes alright and in the process, blew out the p-trap and down went all the food particles that had accumulated in the sink into the bottom of the cabinet, including the liquid de-clogger which ate up the finish on the inside of the cabinet doors. Lesson learned and so much for tenants listening when you tell them not to put food, grease, etc. down the drain. Definite user error. Ended up calling a plumber anyhow to clear the line that was backed up. They got off easy, we only billed them for half of the cost of the supplies and the plumber's bill since they only lived there a couple of months and we could not be certain it was entirely their fault.
My additional 2 cents: As much as I believe tenant-caused repairs should be billed 100% to the offending tenant, I'm a bit concerned that they will not report anything in fear of having to pay, and in turn, resort to their own measures to "fix" it and possibly cause more damage -- I guess that's when inspections come in handy so you can keep any eye on things.
In my humble opinion, if you don't hold them accountable and make them pay $$ when THEY are responsible, they will NEVER take care of your property and will continue causing damage needing repairs and costing YOU more $$. Unless and until the $$ comes out of their pockets, they will NOT change their ways PERIOD - no guarantee they will change either way but at least it will not be you spending extra $$. Also, if you bend the rules and do not enforce the terms of your lease, they will test your limits and not respect any of your rental terms. They ALWAYS point the blame toward the problem being caused by a prior tenant. For the first occurrence, and especially if they bring up that defense, I would take into consideration how long they have resided there and if the tenancy has been short term so far, I would consider possibly splitting the cost to be fair. But (while they are grinning and thinking you are a sucker) make them understand that from this point on ANY future tenant-caused issues will be billed to THEM at 100% especially given that the line has been cleared and no potential clog exists.
I read a tip somewhere to keep a repair log for each unit. This log serves several purposes: (1) for ease at tax time, all repairs will be listed (include cost); (2) you can easily track when an appliance was replaced; and (3) (and most importantly) this will serve as documentation in case you find yourself with a tenant refusing to pay claiming you failed to make repairs and/or ignored repair requests or during an eviction when they try to divert the fact they failed to pay rent by falsely claiming you are a neglectful landlord. Trust me, when convenient to use against you, they bring up the instance when the AC wasn't cooling properly, it was too hot to stay the night there, they tried reaching you at 9 pm and then stating they did not hear back from you until the next day but they fail to mention you responded first thing in the morning upon discovery of text and that it was fully repaired and professionally serviced by early that same afternoon. Oh and they forget to mention they texted you to thank you for getting it fixed with smiley face emojis and everything. All of this documented by a convenient selection of multiple screenshots minus the "thank you" text for it being repaired screenshot.
Bottom line: Be sure "tenant-caused repairs will be charged to tenant" language is in the lease AND enforce it!
Hi. Any idea how old the stove is? We usually replace them instead of trying to fix. You may fix it and then something else on it will go out. We've also learned the hard way and on the advice of other landlords in purchasing used appliances to save $$. But you never know how long the used replacement will last. If buying used, always check the date of manufacture. Check out Home Depot and Lowe's for scratch and dent deals. I find myself strolling through that section almost every time I go just in case I spot a good deal. They tend to reduce them even more around the holidays like the 4th of July, President's Day, Labor Day, etc. Find out if there's a Lowe's outlet near you they offer scratch and dent appliances at 40 - 60% off and reduced further on holidays too. We've found some really great deals on fridges there. Sure they may have some superficial scratches, dents etc. but at least it is new and should be worry free for 8 - 10 years or more. Also tenants will NEVER appreciate a brand new appliance so a few scratches or small dents here and there do not matter to me especially when the savings is so great. Besides, it is inevitable that tenants are going to dent and scratch any appliance that you install anyhow. I take pictures of all appliances upon move in (or upon replacement) to document their condition and I explain they will be charged to denting/scratching them. I also stress to them the fact not to use abrasive scouring pads to "clean" stainless steel. You would be surprised how much damage people can do trying to "clean" them.
@Aly W. Hi there. Thanks so much for your advice. Agreed, going over the lease in detail is super important but I have found that no matter how much it is explained, they still all act dumb when you try to enforce the terms. I sometimes feel like I'm too thorough and it just falls on deaf ears. I also have a list of rules that is pretty much a brief summary of all of the most important clauses (and the ones most violated or conveniently forgotten) in my rental agreement that I have executed by all tenants simultaneously with the RA. They have to initial each line item but lo and behold, they have amnesia when they violate them. Here in Miami-Dade County, most people allow a grace period although it is NOT required by law so just about every tenant expects there is one AND they believe it is 5 days. Nothing to argue about here but they try. We provide a 3-day grace period but I am starting to re-think that policy since they often wait until the 3rd to pay and act like it is okay since they are not paying a late fee. I explain the grace period is for unforeseen circumstances and not to be habitual or abused. There's the old excuse that their payday is Friday and the 1st is not always on a Friday. Having a grace period just delays you further in serving the 3-day notice as you are that much further into the month. Hopefully, receiving a 3-day notice right away will wake them up. I am definitely going to take your advice about explaining we do not accept calls/texts about not having the rent. That is brilliant! I do have $75 posting fee included in my RA but it is not described as additional rent. I need to change that immediately for all future RAs. Thanks for that tip, too.
I'm preparing all the necessary docs to be ready to file. I just wish I had planned ahead and had them already drafted long ago so they would be ready to go whenever I needed to use them. I'm going to hire a process server to serve the 5-day summons as I am sure the sheriff will take too long to serve.
Agreed, no more phone calls/texts, etc. There's nothing more to be said AND I don't want to hear it.
Thanks, again.
Hi. Hope everyone had a good holiday. Apologies for the delayed reply. Many thanks @Aly W.
First late 40s, early 50s is not older.
Check the condition of the home relative to comparables as others said, I'm sure there is some work that is needed. I'd go through the home and ask her what has been done recently (eg when was it last painted, what is the condition of the flooring, etc). Then give her notice of what the rent will be and time to decide what she wants to do. Also confirm that there are no restrictions on rent increases in your area.
Hi BP community! @Michael Smythe that is an awesome list you provided! Made me realize all the details I left off my own list. In case you cannot verify the property owner or confirm their phone number, a good way to vet imposter landlords is to call the number and pose as a potential renter -- tell them you are calling to see if the apartment/house is still available. When they say "what apartment?" you've got 'em!
@Aly W. Hi there. Thanks so much for your advice. Agreed, going over the lease in detail is super important but I have found that no matter how much it is explained, they still all act dumb when you try to enforce the terms. I sometimes feel like I'm too thorough and it just falls on deaf ears. I also have a list of rules that is pretty much a brief summary of all of the most important clauses (and the ones most violated or conveniently forgotten) in my rental agreement that I have executed by all tenants simultaneously with the RA. They have to initial each line item but lo and behold, they have amnesia when they violate them. Here in Miami-Dade County, most people allow a grace period although it is NOT required by law so just about every tenant expects there is one AND they believe it is 5 days. Nothing to argue about here but they try. We provide a 3-day grace period but I am starting to re-think that policy since they often wait until the 3rd to pay and act like it is okay since they are not paying a late fee. I explain the grace period is for unforeseen circumstances and not to be habitual or abused. There's the old excuse that their payday is Friday and the 1st is not always on a Friday. Having a grace period just delays you further in serving the 3-day notice as you are that much further into the month. Hopefully, receiving a 3-day notice right away will wake them up. I am definitely going to take your advice about explaining we do not accept calls/texts about not having the rent. That is brilliant! I do have $75 posting fee included in my RA but it is not described as additional rent. I need to change that immediately for all future RAs. Thanks for that tip, too.
I'm preparing all the necessary docs to be ready to file. I just wish I had planned ahead and had them already drafted long ago so they would be ready to go whenever I needed to use them. I'm going to hire a process server to serve the 5-day summons as I am sure the sheriff will take too long to serve.
Agreed, no more phone calls/texts, etc. There's nothing more to be said AND I don't want to hear it.
Thanks, again.
Hello. First of all, I want thank you ALL for such great advice and I truly appreciate you taking the time to reply and share your words of wisdom. As I was typing my post, it really became clear that I needed to proceed with 3 day notice to get the ball rolling. No benefit to me to wait any longer and continue being played. And no more wishful thinking that folks are honest like me.
Nathan - I have read your posts for years now and always learn something from them. Imagine my surprise when I saw your reply out of all of the other possible posters on BP! I will definitely take your advice about sending a termination notice in the future if not returned timely. I plan on preparing a form to have ready when needed.
Update: Served the 3 day notice upon the tenants earlier this afternoon. Planned on just posting it but one of tenants happened to be outside. Sob stories continued. Still no money for rent. It finally came out that they found another place and plan on moving out on Feb. 3. No money for rent but want to stay December, January and into February because the new place is not available until Feb. 3? NOPE, I don't think so. So that's likely where my December rent went. They have mistaken my kindness for weakness. This will NOT happen to me again. I won't elaborate to spare you all the details. But you've got to laugh though when she texted me saying its very upsetting to be threatened with eviction when they have not been late 30 days. What?? She's clearly misinformed. No more back and forth for me. I refuse to join in those reindeer games any longer. In the meantime, I will be preparing and filing the required documents with the Court after the 3-day time period tolls. This will be a first for me. Wish me luck! Hope to post another update soon that they moved out and all is well. One can only dream...
Thanks again!
Hi Aaron!
I've found asking lots of pre-screening questions is extremely helpful. You would be surprised what responses you get just by asking why do you want to move? This has helped me weed out so many potential nightmare tenants just by their responses to that one question. I next ask how soon they need to move. If they say the need to move right away, it's also a definite red flag. I then ask if their lease has already expired. They often answer yes and then you know you potentially have someone that is most likely a holdover tenant that no longer has a deposit due to non-payment that is planning on staying where they are without paying rent until their current landlord takes action. They continue withholding payment of rent to use as a deposit on their next apartment. Not the kind of tenant anyone wants.
Explain your requirements for qualification so they do not waste your time especially about how many month's rent is due upon move in and minimum income requirement. We ask for the first month and 2 month's deposit. Be sure they are aware of that prior to showing. Other than no-shows, another waste of time is someone that does not have the 3 month's rent. We used to accept 2 months and then set up a payment plan for the third month. We quickly learned that if they do not have the full amount you are requiring at the time of rental, they never will. I also ask for 3 months of bank statements and paystubs. You can discover a lot about their financial stability in those statements. I actually had someone apply a couple of weeks ago that uploaded his bank statements that not only showed an NSF charge that month but also indicated over $700 in NSF charges YTD which equaled 21 NSF charges so far this year. We use TurboTenant for screening & processing applications and you can list your rentals through their platform and it is broadcast over multiple other sites. Be wary of tenants that fill out and pay for the online application (which now costs $55) without even speaking with you and not even knowing if the property is still available. They potentially are trying to hide something by muscling their way in.
My best advice.. ask as many questions as you can and go with your gut. If in doubt, keep looking. Create a list of questions (there a plenty online) and go through it with every call. As I have read here multiple times, better to have a vacant unit than risk a potential problem down the road the will cost you more. It is so true. Best of luck to you!