The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  
Problem Tenant - Landlord Forum thread 354844







Free Landlord Newsletter





Free
Pre-screening
Prospect Card





FREE BONUS Forms Disk for
2 -5 year LPA Members




Excuses!

Problem Tenant by R.Blackmore (IL) on October 31, 2017 @13:12

                              
I have had a tenant in my rental for six years. They are a nice family but through some stupid moves, they have done things at the property without my permission (cut a tree down, etc.). I consider myself a good landlord and recently arranged to have the driveway repaved, but he refused to move his unregistered vehicle so the work could be performed.

The yard is a disgrace with piles of firewood, makeshift shed, trampoline and several plastic storage containers. The tenant is a low-quality untrustworthy person, and with only eight months remaining on their lease I am looking for a remedy that balances discipline and peace. My biggest fear is that a series of unforeseen repairs are needed in the last few months of their tenancy.

We are considering contacting an attorney and ordering a grounds inspection, and then ordering them to fix everything in violation. I don't care so much about what's there as much as I hope that it sends a message reminding them of where they stand in the landlord/tenant hierarchy. If we go that route, how will it likely end?

Thanks



[ Reply ] [ Return to forum ]

Re: Problem Tenant by Anonymous on October 31, 2017 @15:34 [ Reply ]
LL right to enter should be in your lease. as should be provisions re t repairs alterations changes etc. Over six years, your not inspecting and noticing them on these breaches may very well have given them your implied conscent.

Read the post about the other LL with a six year tenant as below
Re: Problem Tenant by KF (TX) on October 31, 2017 @17:19 [ Reply ]
Agree with Anonymous. Even the most generic lease will have provisions for the LL to enter the property. You should not need an attorney. A phone call with 34 hours notice will usually cover you.
Also, he refused to move his car so that you could fix the driveway? Remember, this is your house. When they leave, I'll bet they leave you the car.
The unregistered vehicle should be a no-no in your next lease, for sure.
Re: Problem Tenant by Jack on October 31, 2017 @18:38 [ Reply ]
Unless you have some awesome insurance. If someone get injured jumping on that trampoline. You will have to pay out of your pocket. Most insurance will not cover them.
I would start with a notice to inspect. Sounds like there is enough problems in the yard to get started.
Everything comes down to what your lease states.
If you have language that you can repair issues and add it to the rent first. Then you could follow up with evicting when they refused to pay the next month rent.

I would call the city to have the vehicle sited for being un-registered. Then demand it be removed or corrected. This city violation could give you more ammo in court in getting the T evicted.
Re: Problem Tenant by Anonymous on October 31, 2017 @18:59 [ Reply ]
"they have done things at the property without my permission"

Cure or quit notices need to be delivered at the time of the violation. In court, a lack of response can indicate the landlord is fine with the situation.

"trampoline"
Trampoline needs to go. Cure or quit *immediately*.

"They are a nice family" "The tenant is a low-quality untrustworthy person"

Which is it? This is starting to sound personal rather than professional.

"a remedy that balances discipline and peace."
The tenant is your customer, not your child. You don't *discipline* your tenant, you post notices in accordance with your state laws. Why haven't you done that with the previous violations?

"reminding them of where they stand in the landlord/tenant hierarchy."
This one statement shows something about you as the landlord. You have legal recourse to solve your problems, and you're more concerned about being in charge as the "lord of the land" holding it over your tenants.

Here's the actual hierarchy -
Landlord and tenant have a legal agreement in place. This is so neither is "higher" in the food chain than the other. There are also laws in place to prevent either party from taking advantage of the other.

Unless an issue is as safety issue, at this point you should let it go and do any repairs after the tenant leaves. Do not renew their lease in 8 months.

You also need to check your business-owner mindset. A landlord who thinks like you do (that they are "superior" to their tenants, their customers) will treat good and bad tenants this way. You're going to make some sort of mistake, most likely with the handling of the tenant's security deposit, because of your sense of entitlement. It will cost you.
Re: Problem Tenant by Anonymous on November 1, 2017 @00:52 [ Reply ]
"I consider myself a good landlord" ??? Lets break that down.

One, you have arranged to repaved the driveway instead of waiting 8 months and doing it in between tenants.

Two, you consider a tenant who has been in (My) rental for six years to be stupid, low-quality and untrustworthy who needs to be disciplined and put in their proper place of some landlord/tenant hierarchy! LMAO!

Three, You have no idea of the liability issues of allowing a trampoline on the rental property.

Forth, You have allowed the tenant to, as you put it, to disgrace your yard with piles of firewood, makeshift shed, plastic storage containers and an unregistered vehicle.

Five, your biggest fear is that unforeseen repairs may be needed in the last few months of their tenancy.

The question is, do you believe good landlords allow their properties to become run down and on the verge of being a public nuisance? That they fail to take action when a tenant has violated the lease or damages the property?

Most likely, your lease does not restrict trampolines or makeshift sheds. Your lack of enforcement of your lease may also mean you have waived your right to enforce any of these issues to be corrected, as a good guess, that did not happen over night, but over the years.

Your egotistical idea of being high on that imaginary hierarchy of yours, in reality shows just how uninformed a landlord you are. You were never in charged of your rental property, as the tenant was the one in charged all along. I'm afraid when you give proper and legal notice to end the lease, all hell will be release, and you will find out just how expensive it will be to get your rental property back up to marketability. Still, why would a good landlord desire to repave a driveway with just eight months left on a lease?

You can order your tenants to fix everything, but what happens if they don't or they just partially fix some and not others? How do you plan to enforce that scenario if that occurs? Do you plan on spending lots of money and time trying to enforce those violations with just eight months left? Good landlord?

Re: Problem Tenant by Anonymous on November 1, 2017 @03:44 [ Reply ]
I love it!!! Landlord wants to repave the driveway while the property looks like a dump with unregistered vehicle, piles of firewood, makeshift shed, dangerous trampoline and plastic storage containers throughout the yard and unforeseen repairs!!! Wow, what priorities???

And on top of all that, wishes to be at the top of the landlord/tenant hierarchy to balance discipline and peace over his tenant?
Re: Problem Tenant by anon (ca) on November 3, 2017 @23:07 [ Reply ]
Do the minimum and go through the house and yard when they leave. You learn from ignoring the problems one by one.

Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2017 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google