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General Scenario:

1. Tenant stops paying rent (during eviction moratorium)

2. Tenant damages property

3. Tenant reports damage to city's Neighborhood Services Department; complains that owner needs to fix it

4. Tenant won't allow repair people into the unit

5. City fines landlord for not fixing damage reported in #3

Why is it so easy/normal to get fined for tenant-caused issues? What recourse does a landlord have here? Is there a general process for appealing the fine that doesn't involve more legal fees than benefits?

Nathan Gesner · Answer

I would contact the City and ask what for the process of appeal. There has to be a way you can contest this.

By the way, the law requires you to give notice before entering to inspect, repair, etc. It does not require you to get permission. If the tenant refuses entry, go in with a key or serve them with an eviction.

Bottom line: you need an attorney to help you get this character out, then you need a Property Manager to help keep you out of trouble.

David Lee Hall, III · Answer

Can you evict yet? Sounds like a good time to get a new tenant and put a stain on that guys record.

Theresa Harris · Answer

Talk to the city and explain the situation-from the tenant damaging the property, you trying to fix it, but the tenant won't let you in and the tenant reporting it.  I would also appeal the fines on the grounds that the tenant won't let you in to fix them (then see below as you just go in and repair it).

also, give the tenant 24 hours' notice of entry and then enter. They don't need to be there and if it is serious enough to be reported to the city, you can enter (with notice) without the tenant's permission.

I'd also not renew their lease and get them out of there.

Mike Davis · Answer

@James Free this may be too late in that instance. In my investment properties, when I think I have problem tenants, I have always used "cash for keys", this has worked every time. I get them out of the property, they did a light surface cleaning and there is only normal wear and tear (in most cases).

For those that are new, "cash for keys" is when you offer a tenant a certain dollar amount to be out of a property by a certain date and they must leave the property in broom swept condition.

Marc Winter · Answer

Sadly this is not an uncommon a situation.  Some suggestions:

a.  Make sure you understand your state and local eviction laws, especially on how they apply to an eviction moratorium.  We have been able to evict during the moratorium for reasons OTHER than non-payment of rent.

b.  Make sure there is a clause in your lease that states the owner/manager has the right to enter at any time there is a health/safety emergency, so you can document, diagnose, and repair the emergency.  The determination of what constitutes an emergency is at the sole discretion of the owner/manager.

c.  A deadbeat tenant won't normally care about their (lack of) credit, however by certifying and recording the monetary judgment you receive after court, you MAY see some return of those lost dollars if or when that tenant needs to clear a judgment off their record.

d.  Since the tenant contacted the city regarding the condition of the property, use that as leverage to get them out of their 'uninhabitable' unit, for their own safety, of course.

Best of luck!

James Free · Answer

Conveniently, the fines are less than an attorney will cost, so it makes little sense to do anything other than submit to this extortion.

And I do have PM, not that I'm pleased with their handling of this.

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