All Forum Posts by: Sara M.

Thanks. I plan on speaking to them of course just want to have everything in order before I do so. 
I know I have something related to this in my lease but the exact wording I am Not sure of. I will have to look. 

My fiancé and are small time landlords. We own two duplexes and do all the work ourselves and both still work regular jobs. Sunday evening we received a text from our neighbors saying their downstairs toilet overflowed and flooded the downstairs. At first, I was said okay no problem we will be right over to fix it. That’s normally how we handle our maintenance issues. We try our best to provide good homes for our tenants in hopes that they treat them and us with respect in return. We don’t want to be slumlords just trying to retire early and build some generational wealth for our son.
This is where things take a turn…..my tenant texts me and tells me that her MIL who lives in the room downstairs, cooks in her bedroom. She does her dishes in the bathroom and dumps all her food waste in the toilet along with wipes. Honestly, not sure why she texted me this because all it did was make me upset.
So I am looking for advice on how to move forward. The toilet is now fixed. But I need tell this lady that the toilet is not to be used as a garbage disposal. What tips on the best way to handle this situation? Should I send them a letter? We live right next door but I do feel better having something in writing.
Their lease is up in July. Would you renew? They really aren’t problem tenants. The son is loud on his videos games and I can hear him yelling on our side. But other than that they enjoy doing yard work and overall don’t cause many issues. I tend to get worked up because to me this is just plain laziness and who knows how much damage she could cause.
I don’t think we are allowed to charge for our time as we are the owners but I would like to bill them for all costs to fix the toilet. And if any flooring needs to be replaced.

My fiancé and are small time landlords. We own two duplexes and do all the work ourselves and both still work regular jobs. Sunday evening we received a text from our neighbors saying their downstairs toilet overflowed and flooded the downstairs. At first, I was said okay no problem we will be right over to fix it. That’s normally how we handle our maintenance issues. We try our best to provide good homes for our tenants in hopes that they treat them and us with respect in return. We don’t want to be slumlords just trying to retire early and build some generational wealth for our son. 
This is where things take a turn…..my tenant texts me and tells me that her MIL who lives in the room downstairs, cooks in her bedroom. She does her dishes in the bathroom and dumps all her food waste in the toilet along with wipes. Honestly, not sure why she texted me this because all it did was make me upset. 
So I am looking for advice on how to move forward. The toilet is now fixed. But I need tell this lady that the toilet is not to be used as a garbage disposal. What tips on the best way to handle this situation? Should I send them a letter? We live right next door but I do feel better having something in writing. 
Their lease is up in July. Would you renew? They really aren’t problem tenants. The son is loud on his videos games and I can hear him yelling on our side. But other than that they enjoy doing yard work and overall don’t cause many issues. I tend to get worked up because to me this is just plain laziness and who knows how much damage she could cause.
I don’t think we are allowed to charge for our time as we are the owners but I would like to bill them for all costs to fix the toilet. And if any flooring needs to be replaced. 

Quote from @Todd Jones:

You want to do it for the principle. It’s in the lease. They kicked the fence. I get it.

So let’s play this out. 

You have a court date set which will be sometime in September, probably later. You go to court. Park your car in the garage and get a ticket. You go up the elevator and get checked in where you empty your pockets for the metal detector.

You then sit and wait…and wait…as other cases come up. Your name is called. You both talk, and you in. You then expect to get you settlement…someday. You drive out paying $10 for parking.

You paid the filing fee, parking, fuel, and your time but it’s not about the money, it’s the principle. But you won’t feel like a winner later that day.

Want a better return on investment? Use this as a lesson learned on dealing with this issue in the future where you can guarantee they pay, which is worth much more. If another landlord calls you about her, you can tell the story.

Great answer. Thanks!!

Quote from @Caroline Gerardo:

If you have paperwork to prove your case in small claims, and you are certain you can win - file and take the whole day to try in court. 

She will say: it never happened/fence was rotten/ her son is too small or weak to damage a fence/ the neighbor's son did it. You will have to prove with paperwork that she is responsible. She said he said, the judge will side with the tenant in most cases.

Her son is on the heavy side so he definitely could. I mean there are three witnesses. She’s not denying it happened. She’s denying that her son was the one who hit the fence. I have a text saying that her son said his friend did it. That’s why I am so certain I could win because he was a guest of their home and they are responsible for the actions of their guest. 

Quote from @Theresa Harris:

Did you already return her deposit?  If so, then the chances of you getting your money for it are slim to none.  If you haven't returned her deposit, then take it out of that.  It sounds like you've already returned the deposit.  Just be thankful you are rid of her and move on.

 She didn’t get any of her deposit back. She owed me  little over 1k which includes the fence. She’s paying for everything except the fence  

Quote from @Bob Stevens:

Quote from @Sara M.:

I had tenant recently move out who owed me over her security deposit. One thing she refuses to pay for is the fence panels that her son and his friends broke. The neighboring tenants (it’s a duplex) and myself were outside while her son and his friends ran around the outside of the fence and kicked it. I didn’t call the police that day because I texted her and thought we had an understanding she would pay for the damages. Time comes for her to pay and she refuses because it wasn’t her son. In her lease  there is a section about guests. It states you are responsible for all damage and costs done by guests. She says because it wasn’t the fence on her side it doesn’t count.  I feel like I have a pretty concrete case when it comes to this situation but is it worth the hassle of getting a lawyer? The fence panels would costs about $202 to replace. Thoughts?

 $200 ??? Move on, 

I know it sounds petty. For me it’s more the principle. Which probably sounds silly but I’ve just struggled with this woman for 18 months. It’s been such a headache. I filed a police report at the very least. 

Quote from @Nathan Gesner:

Quote from @Sara M.:

Charge her. 

Do you honestly believe she's going to pay $100 or more, plus her time, to dispute the charge in court? You have a text showing you notified her of the damage when it happened, and you have a witness. She apparently didn't dispute it then, so what legal standing does she have now?

If I had a dollar for every time a Tenant threatened to sue me, I wouldn't need to invest in real estate! I've probably been threatened hundreds of times, but I've never been sued once.

She’s paying everything over her security deposit I charged her. Which is just about 1k. This is the only thing that she is refusing to pay but it is included on her itemized list of charges I sent her. I told her about the clause in the lease. She thinks because her son claims it wasn’t him that she isn’t responsible. I pointed out the lease several times and she said it’s not her unit she rented so it’s not covered by the lease….. she doesn’t understand. So I filed a police report. Just don’t know how else to get my money for it other than court. I think she’s trying to see if I’m bluffing. 

Quote from @Kevin Sobilo:

@Sara M., for $202 total it wouldn't be worth my time. First, I am spending money to file in court and then taking my time to show up to court and then hoping I can force them to pay the judgement which is FAR FAR from certain.

So, to risk maybe a $75 filing fee and hours of my time to have maybe a 25% chance to collect the money back seems like a losing proposition.

My question is, when did this happen? Sounds like it happened during the time of their tenancy. Why didn't you charge them immediately for the fence or was it right near the end?

I would have immediately billed them because while they were living there you have more leverage to force payment because under my lease any fees/bills are payable as rent. So, if they don't pay them they can be evicted for nonpayment of rent. That is the leverage, they wouldn't want to lose their home over $202. Now they have little to lose since they no longer live there. 

 It happened may 3rd and she was moving out may 6th. Paying rent for the whole month since her lease ended at the end of the month. 

I had tenant recently move out who owed me over her security deposit. One thing she refuses to pay for is the fence panels that her son and his friends broke. The neighboring tenants (it’s a duplex) and myself were outside while her son and his friends ran around the outside of the fence and kicked it. I didn’t call the police that day because I texted her and thought we had an understanding she would pay for the damages. Time comes for her to pay and she refuses because it wasn’t her son. In her lease  there is a section about guests. It states you are responsible for all damage and costs done by guests. She says because it wasn’t the fence on her side it doesn’t count.  I feel like I have a pretty concrete case when it comes to this situation but is it worth the hassle of getting a lawyer? The fence panels would costs about $202 to replace. Thoughts?