retaliation? - Landlord Forum thread

retaliation? by bayoupots (TX) on February 8, 2010 @00:05

We have an older 8-plex (circa 1970's). We have a family that has been renting from us for several yrs. They usually do not cause too many problems (wife is nice lady and kids are OK) but the husband has a bad attitude and probably a drinking problem. They get behind on rent but always pay and have been paying on time for the last 6 mos. or so.
We have exterior metal and concrete stairs that access 2 units, one of which is this particular family's. My bro.-in-law, who lives below and the neighbor next door said they saw him recently kicking the steps with his steel-toed work boots and told him not to do it any more.
Granted, the steps are somewhat rusty and one of the concrete steps have a crack in it (there is a supporting metal plate underneath it), no one has ever complained about the steps yet. In the past we called a couple of welders to check on estimates for repairs, but no one ever followed through and given us a bid.
Through hearsay, it is reported that stair-kicker said if he got hurt by the stairs, he would own the building-alluding that he would have us in court. I wish he did own it--would save us lot of headaches!!!!!
We also have another tenant whose heater went out 2 weeks ago and cost to replace (cannot repair) would be $2200. We told those tenants we did not have funds this month to put in new unit right at that moment and gave them choice of moving or we could give them temporary space heaters and would prorate their rent to help with the extra electric costs--and next month we could swing putting in new unit (we had to replace 3 AC units this summer at the tune of 2100 each!). They said they did not mind staying and using space heaters.
So, last week we get a surprise visit from the building code inspector. We have never had a visit from them in the 5 yrs. we have owned this rental property...
He gave us a citation that said a tenant had reported the steps and the heat situation and that we had to replace or repair the stairs--not just those stairs, but another set of stairs as well that has some corrosion--(but hardly dangerous-looking) and that space heaters are not allowed for primary heat.
At first they gave us 7 days to remedy the problem but after we called, they said we had 30 days to correct the problem or go to court.
The person that I think called the inspector was the stair-kicking tenant and he had been seen talking with the broken-heater tenant. I cannot prove who made the call but most of the other tenants mind their own business and appear content to live there.
These repairs will prove to be very costly and our rents are pretty mimimal at this complex, so we don't have an excess in operating expenses. We generally repair minor and major repairs right away and we are not slumlords.
Stair-kicking tenant's yr. lease is up this month. Due to my suspicions that he is being a troublemaker, I sent a notice of non-renewal with no particular reason other than we need the apt. vacated in 30 days. When his wife called us about this, I told her that we were going to have to up their rent considerably due to needed repairs. I do not want to be cited for retaliation, as I have never accused them of calling the inspector but the finger points at them.
They currently are paying the lowest rent in the building and we were going to raise their rent anyway if we renewed their lease.
I have a feeling they are going to stay put past the move out time and we will have to evict. I am trying to avoid this due to the cost involved and also concerned about them coming back at us charging us for "retaliation" and they are also of a minority--so they could say we are discriminating.
We are in process of making repairs to the stairs and heater is being replaced this week.
How would you handle this? I would appreciate your honest perspective.

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Re: retaliation? by Anonymous on February 8, 2010 @08:11

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You seem to be doing everything right. As to direct action against stair-kicker, unless you had rock solid evidence that he purposely damaged your stairs requiring the repairs the inpector is demanding (bro-in-laws's word won't be enough, not even an affidavit), you would still only have the option to sue for damages in court and try to get blood from the turnip.

As long as you dot your I's and cross your T's you shouldn't have an issue with evicting. I would try the increased rent notice first, and give them the option to decline and move out. As to retaliation and discrimination, just be above board and by the book and you should not be held liable, but as you know anyone can file a complaint or lawsuit. Post all the right notices in the timeframes required. Consider certified receipts if you fear lack of documentation.

Re: retaliation?

Re: retaliation? by Anon on February 8, 2010 @09:14

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I suggest having as little to do with them, other than contact via written notice. Because of the posssibility of your starting an eviction be very cautious. They can claim retaliation or harassment, and the law is usually slanted towards tenants in that regard. It sounds like you're going about it the right way, giving notice of the end of their lease. I would attempt to answer all of their questions in writing so nothing can be misinterpreted.
I hope all goes well!!

Re: retaliation?

Re: retaliation? by Anonymous on February 8, 2010 @10:05

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sounds like the PITA tenant was preparing to call inspectors knowing that he lease was ending and that tenants are protected from rent increases or eviction for 6 months after calling for an inspection.

Google: Texas Property Code title 8 subchapter h retaliation

If the tenant files a retaliation complaint against, he may not only get to stay, but you'll have to pay his court costs and attorney fees.

Only an experienced attorney can tell you the chances of you beating a retaliation case.

Maybe you should offer them a month-to-month lease. Then after 6 mths, you can raise the rent or terminate.

Re: retaliation? by xxx on February 8, 2010 @11:55

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you do not know who called the inspectors (it easily could have been the broken-heater tenant, acting passive-aggressively), so i do not know how they can say you are retaliating against them

they have the lowest rent in the complex, are frequently late with their payments, and that should be enough to choose not to renew

fix the stairs, install new heaters, and keep a reserve (or credit line) so you have enough $$ to make important repairs

by the way, it does not sound like much of a fix for the stairs: scrape rusty spots, paint, and for the concrete do this:

1) Use a screwdriver to chip away any flakes or loose concrete.

2) Scour the crack with a wire brush to remove any dirt and debris.

3) Rinse the cracked area using the garden hose.

4) Mix up a small batch of concrete patching compound, available at most hardware stores.

5) Trowel the compound into the crack using a small putty knife.

6) Smooth the surface while the compound is still moist; concrete compounds begin to set up very quickly.

7) Allow the crack repair to dry thoroughly before walking or driving on the surface.

easy as pie, and does not have to look nice

Re: retaliation? by Melanie (CA) on February 8, 2010 @12:55	[ Reply ]
Im with XXX - the PITA would have to admit in court that he ratted you out to the health dept and would have to prove that you knew that and responded by choosing not to renew their lease. But yet, definately have all your termination paperwork precisely in order. Hope for the best, but DEFINATELY plan for the worse...

Re: retaliation? by Anonymous on February 9, 2010 @10:17	[ Reply ]
You may want to consider electric heat. In my properties (own 36) we always rip out the oil furnace and install electric heat. Maintenance costs are next to nothing and truly the life of the system has no limits. It's ungodly expensive for electric heat, but since im not paying for the electric bill what the hell do I care.

Re: retaliation?