Help! Tenants trashed

[Erick Caffarello]

Hello everyone:

This is my first time doing this, and the tenants "seemed" like nice people. When I went over to collect rent, house was always clean, they always paid on time, so I had no clue of what was really going on until they moved out and I did the move out inspection.

The house was somewhat clean, but there were damages.

Their application stated they only had 2 dogs. However, they ended up having 3 dogs and 1 cat. I noticed that around October/November. I didn't want to say anything because I wanted to keep a good rapport with them, and get them to renew (I offered a $200 incentive at renewal when they signed the lease in order to entice them into renewing), but that obviously didn't work.

The back yard all along the fence line and by the porch was destroyed from the dogs.

I've been told that I cannot deduct the repairs to re-seed the yard along the fence line because I had dogs when I lived there, and I did not take "before" pictures...

They also had the utilities turned off, and I had to have the utilities turned back on for the fridge. I also used the A/C when I was there doing work, but also told that I cannot charge them for the utilities.

I spent $293 on the back yard alone, and I cannot deduct for that?

Then...collecting June rent was torture! At first, they didn't think they had to pay the rent because they weren't there, but then checked their lease. They gave me a money order, but my bank flagged it as fraud; eventually processing the money order 2 weeks later. They paid me with a check or money order on time every month, but this time around, the bank flagged it as potential fraud. They were less than willing to work with me, but I think they got sick of me constantly calling them...because of their attitude, I did charge them the $50 late fee as prescribed for in the lease, which will come out of their security deposit...

All in all, a pain in the ***, but the monthly profit far outweighs the negatives...

What do you guys think?

[Joshua D.]

What does your lease say about pets? Does it stipulate 2 dogs? If so, they are in violation of the lease.

What does the lease say about utilities? Most landlords I know have a clause that states that the tenant must keep essential services (gas/electric) on/operational for the life of the rental term.

It sounds like you need to get your systems in a row and be consistent in enforcing your lease. You are in the landlord business -- making friends with your tenants is great, but business comes first. If you don't show your tenants that you mean business, they will walk all over you.

Here are some articles to check out:
- 6 Suggestions on How to Avoid Being Dominated by Your Tenants
- How to Deal with Problem Tenants: Keeping to YOUR Agenda
- Stupid Landlord Mistakes That Could Cost Big Money
- 8 Tips For Screening Out Professional Tenants: Your Worst Nightmare!
- What do Do When the Rent is Late
- Tenants: Customers or Scum? (Hint: Customers)
- How to Avoid Landlord Mistakes and the Dreaded Eviction Process

I think these will prove to be very valuable to you and the others reading this thread.