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Re: Tenant in violation of contract repeatedly - Landlord Forum thread 324495

Re: Tenant in violation of contract repeatedly by MrDan (Georgia) on September 15, 2014 @21:42

                              
If the landlord claims that the tenant has violated a term of the lease, you must inform the tenant in writing of the supposed violation and give the tenant a reasonable time to correct the problem. If the tenant does not make a good faith effort to correct the problem, the landlord can begin eviction proceedings.
You put the violation of lease in writing to tenant about Satellite Dish violation. That’s good.
Did you provide any written instructions on where the dish could be installed, when you notified the tenant that it could not be installed on roof? Did the tenant have this information at lease signing?
The FCC states the tenant has a right to install a dish in any area that that the tenant controls within certain limits. The tenant cannot install a dish in common areas.
See (http://www.fcc.gov/guides/installing-consumer-owned-antennas-and-satellite-dishes )

Does your tenant have a copy of the HOA rules and are they a part of the lease?

“Fast forward a month” if the tenant has not cured the ‘Satellite Dish’ install, and you have accepted rent, you have lost the right to pursue that lease violation. If the violation continues the next month, issue a new ‘Notice to Cure’ the Satellite Disk. If not cured in seven days, you can start eviction proceedings. If you accept rent after the notice but before the cure, you will again loose the right to proceed.

“She refuses entry because it is not during normal business hours." The “Covenant of Quiet Enjoyment “ is implied in every Georgia lease. The covenant of quiet enjoyment means more than just a noise-free environment. It is a more onerous obligation that provides that the landlord will not interfere with a tenant’s right of possession.
Georgia courts have stated a Landlord has the right to enter under certain conditions, such as an emergency. At other times a Landlord is limited to times during normal business hours. Your tenant had every right under the lease to refused entry that was outside of normal business hours. You have violated the lease yourself by attempting to make the entry after normal business hours. Of course if the tenant says this is ok, then no violation has occurred.

“She waits until right before the late fee would kick in, and pays it then. (Rent)
It sounds like your lease has a grace period of five days, which the tenant uses. No lease violation here.
The tenant is just doing what the lease allows as to rent payments.

The best advice is to read the ‘Georgia Landlord Tenant Laws” and become very familiar with them. Please feel feel to consult an attorney if the need to evict becomes nessasary.



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Re: Tenant in violation of contract repeatedly by Chloe on September 16, 2014 @11:09 [ Reply ]
So, it basically sounds like I, as a landlord, have little to no rights. We had a property manager at the time the problem with the satellite dish being put on the roof occurred. She did not inform us that accepting the rent would result in us losing the right to proceed. The lease specifically states "Resident shall not paint, wallpaper, alter or redecorate, change or install locks, install antenna or other equipment, screws, fastening devices, large nails, adhesive materials, place signs, displays or other exhibits, on or in any portion of the premises without the written consent of the OWNER except as may be provided by law," which she read, signed and dated. If the FCC runs by its own rules, then why have that in any legal contract? DirecTV states that without written consent of the owner, that they will not install a satellite dish on a rental home. Every time that I call them about this problem, I get hung up on. So, where is the protection for me and my home? She was given a copy of the covenants upon signing the lease. She was given 7 days to fix the problem in the beginning, but she sent a certified letter back to us stating that there wasn't any way possible to have the problem fixed in that time frame, but started working with our builder to get the information. That was in July and the builder just now got back to her with all of the information that she needed. As far as inspecting the home on a Saturday, we did not violate the contract, since we respected her wishes and did not approach the house for inspection, but have since assigned a power of attorney over the home to someone that can be at the house during normal business hours. My question now is, what if she still refuses inspection during normal business hours? Next question, what is the point of having a due date for rent if it's not considered late until the grace period is over. Lesson learned on being a nice person. We will never have a grace period again. The most frustrating part of all of this, is that this was our home for 5 years, and as soon as my husband's temporary duty is done, we will be moving back in this house and it is frustrating that someone is damaging the property and it seems to be that I can do nothing about it.
    Re: Tenant in violation of contract repeatedly by jannie (IL) on September 16, 2014 @18:06 [ Reply ]
    Is it she who said the builder just got back to her or do you know for a fact (spoke to builder). I think perhaps katiekate or one of the others have had some experience with satallite dish installations and how they've handled that with the company that installed the dish without permission.
    If there has been no inspection of the property inside since this tenant moved in -- if it were me I would have the person I trusted do a maintenance inspection. Giving all the proper notice. I doubt if tenant will refuse the inspection outright (she will probably whine). If it's in normal business hours
    Re: Tenant in violation of contract repeatedly by MrDan (Georgia) on September 16, 2014 @18:20 [ Reply ]
    If a tenant denies you entry to their rental unit after you provided them with the proper advance notice, then they are in breach of their rental agreement and state law. This is grounds for an eviction.

    Since I, myself, may not want to go to the length of evicting a tenant for denying entry, I have included a provision in my rental agreement that if a tenant denies me entry after I have provided them with proper notice, that they will be assessed a fee of $50. I have never had to assess the fee but it has been helpful to be able to show my tenant that provision in the rental agreement.(Have then Initial it) After reviewing the provision with the tenant and explaining why it is necessary for me to enter, and how I legally have the right to enter, the problem is usually resolved. Many a Landlord here can testify as to how much a bad property manager can cost you. It seems that your problems stem from the fact that your property manager(?) did not properly go over the lease with the tenant line by line, paragraph by paragraph with the setting the tone of what you expect from tenants.

    When sending notice of entry, include the reason why you are entering and why it is important to do so, Also include the time and date you will be there in your notice. Be fexible also, sometimes it pays to pick your battles.

    You can eliminate the grace period from your next lease if you feel so strongly about it. But again, being fexible goes a long way in being a landlord.

    You can demand payment for the damage done to the roof, get some estimates for repairs and present the tenant will the cost. Otherwise you can deduct the cost of repairing the damage from the security deposit at the end of the lease.
    You should have a seperate 'Satellite Disk' adendum that states all requirements and penalties that the tenant signs. here is one example; http://www.renthomes.com/wp-content/uploads/2013/07/Satellite-Dish.pdf

    In truth, you can be a good landlord and be a nice person in doing so. As a landlord, you are a business person first and foremost. Don't let your emotions about you home get in the way of treating it as a business. Landlords on this forum can tell you of even worst things that can happen due to tenants misconduct. Educate youself on landlord tenant law, even if someone else manages the property. Be inform, be responsive, be proactive in your decisions as a landlord, don't leave it up to others to take care of your rental home business. Set your standards high, screen for the best tenants, hire the best managers if needed (sceen them also) and relize that things will not always go smoothly.

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