All Forum Posts by: Winter Heintz

So technically you don't even have a issue (Yet). Their rent is paid and according to you they are great tenants. Have they paid December rent? The guy spent one night in jail. Unless he did something illegal in your home it's none of your business. He's innocent until proven guilty. Do you know what the charge is? DWI, domestic violence, unpaid tickets, murder?  

@Winter Heintz, it's too bad you are choosing to deal with this situation yourself instead of your professional property manager handling it for you and promptly replacing the tenant for you so you collect as much rent as possible. A professional manager would already handled everything and you may not even be involved in any way. Why are you trying to do the work of an expert professional?

Know this:  "Do you know what you should do if your tenant is jailed while renting from you?  Many landlords assume that they can move straight to eviction, but that is not true. Even if a tenant is serving some time in jail, this will not automatically result in their eviction. In fact, evicting them or taking the wrong steps when a tenant is jailed could get you in trouble instead!"  (Source: RentPrep)  I recommend that you read the article (there are many online - it happens) on steps to take when a tenant is jailed. Here's one:   

https://rentprep.com/landlord-tips/what-to-do-if-your-tenant-is-jailed/#:~:text=Many%20landlords%20assume%20that%20they,get%20you%20in%20trouble%20instead!

Unless your lease has a crime provision in it (mine does but most standard leases do not), you'll want to wait until rent is delinquent and/or make an offer for early termination as "a courtesy under these challenging circumstances."  Whatever you do, do it in writing and retain it in case it goes the way of eviction.

Hope this helps...

You'd be surprised at what people can do when they are faced with not having a place to live in these situations.  Often times, an accusation/action and restraining order are issued as a first course of action in a divorce where kids or substantial assets are in play.  It sounds like there are not substantial assets, but kids are.

If it were my property, I would let the guy have the opportunity to pay the rent and also have a conversation giving him the options you outlined above.  He may have someone ready to move in that would qualify and continue being a good tenant paying rent.  They may decide to get out of the lease with the penalties.

Worst case, you outline all the options and follow up with an eviction if needed with non-payment of rent.  However, this option is harmful to the dad/tenant in a divorce/custody situation and he won't choose this unless it's the only option...
 

Know the laws, first and foremost. Then, if you can, I'd break the lease cordially and get to shopping for another tenant. No reason to get hands any dirtier.

Hi all,

I'm new at this landlord gig and I have a bit of a dilemma. A tenant asked if they could adopt a pet; when I replied with the information regarding deposit and pet rent, I never heard back until I followed up today (3 weeks later), making sure they saw my email, and reminding them that having an unauthorized pet would be a violation of their lease agreement. They replied within an hour with a note from a "doctor" in Michigan (we're in Texas) stating they need the Emotional Support PET (not "Animal" - an important semantical difference). The note was not signed but does appear to be from an actual doctor (though again - halfway across the country). Do I have a leg to stand on here, or just let it go? Everything I've ready from the HUD says a landlord can request "reliable" documentation from the tenant. But what does "reliable" look like? Another internet source (not the HUD, just a website) mentioned the doctor should be from within the same state. Spidey senses say they're just trying to get out of paying their rent. I'm also very aware of what a disability discrimination claim could cost. And yes, I already know - I'm not going to ask them for details of their disability. What should I do?

Marie

@Marie Machosky Of course it's fake; trust your gut. With that said, our attorneys told us to "just say yes" because the trouble that comes with saying no is not worth it. Even if a pet deposit is not paid doesn't mean they are not responsible for any damage caused by the animal. I would remind them of that fact and I would still have them fill out a basic pet addendum so you have as much information on the animal as possible if there is ever an issue. We have a form we must use in the case of an ESA request and it has to be signed by the tenants "therapist" and paraphrasing it says..."does the resident need the accommodation or modification requested in order to have the same opportunity that a non-disabled individual has to use and enjoy the the apartment or community" The wording sets up the "therapist" to have some skin in the game if they say "yes" on this form as it relates to an ESA. I think 9 out of 10 would sign it but at least it's on record if things ever escalate. Good luck!

What are places or things you do to be able to advertise your property for rent and get tenants to apply?