Tenant harassing me

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Tenant harassing me

Stephanie Gledhill
Huntington Beach, CA · Member since 2019 · 49 posts · 21 votes

My tenant is not happy about the move in condition of my property. I had a real estate agent do the move out report and move in inspection. He is telling me he has an attorney documenting issues and telling me I deceived him as to the condition of the yard. I am having it resolved. I’ve asked for a list of items but have not received it. The issues I did receive were scuffs on the wall, a spot in the sink and some spots in the shower.

He is asking for the video that was taken during the walk thru. Do I have to give it to him? There is nothing in the lease stating that the property will be scuff free. I will be implementing RentRedi so he can log something there. I’m sick of getting his rude, condescending emails. I’ve asked what he wants and offered solutions but he just wants to be difficult.

Any advice would be appreciated.

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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y

Tell him that if he's not happy, he's welcome to move out now with no penalty for breaking the lease.  Give him 72 hours to decide.  I'm assuming he viewed the place and if he didn't like it, then he shouldn't have rented it.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Tell him that if he's not happy, he's welcome to move out now with no penalty for breaking the lease.  Give him 72 hours to decide.  I'm assuming he viewed the place and if he didn't like it, then he shouldn't have rented it.

    25Reply
  • Austin F.
    Investor · MI · Member since 2015 · 227 posts · 478 votes
    4y
    Quote from @Theresa Harris:

    Tell him that if he's not happy, he's welcome to move out now with no penalty for breaking the lease.  Give him 72 hours to decide.  I'm assuming he viewed the place and if he didn't like it, then he shouldn't have rented it.


    This. You won't make him happy, so make him go away.
    16Reply
  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    4y

    Be polite but firm.  If he sense weakness or indecision, it will continue.  

    I'd offer to let him out of his lease now. Some times people make a lot of noise trying to get a concession. Odds are he really doesn't want to leave. Allowing him to move out because your place is "so terrible", may just shut him up. Whether he moves out or he doesn't, you will be better off.

    You should have a set process for move in.Typically you will want to have recorded the move-in condition for your own records. The tenant is usually given a week to report any problems they noted up on move-in. Minor cosmetic issues such as scuffs and nail pops are usually just noted by the tenant on the form. You didn't expand upon why he is upset about the yard but he should have been able to see that easily enough.

    No, I would not share your video. Just tell him it is against company policy.

    6Reply
  • Issac San Miguel
    Lender · Austin Texas · Member since 2022 · 319 posts · 156 votes
    4y

    Point blank ask him what he wants. Or as others have said, forgive the lease if he wants and have him move out. 15 years managing multifamily taught me one thing, people want your energy and sympathy 99% of the time. Do not give either, stay firm, and offer a logical solution to his problem. He will likely be so surprised by your offer of him to move he will stop complaining. 

    9Reply
  • David Lee Hall, III
    Rental Property Investor · Pittsburgh, PA · Member since 2019 · 530 posts · 511 votes
    4y

    “I am sorry you unhappy with your residence as provided. The unit meets all necessary standards for habitation. You may opt to terminate your lease in the next 72 hours without penalty and move out by the end of them month. Please let us know by [time] if you wish to terminate and vacate by the end of the month.”

    I would not try to make them happy so long as you meet housing requirements (heat, water, etc). There is no requirement to have a fresh level 5 finish on walls in a rental. 

    11Reply
  • Rodney Sums
    Laveen, AZ · Member since 2016 · 584 posts · 528 votes
    4y
    Quote from @Theresa Harris:

    Tell him that if he's not happy, he's welcome to move out now with no penalty for breaking the lease.  Give him 72 hours to decide.  I'm assuming he viewed the place and if he didn't like it, then he shouldn't have rented it.


     Co sign that. First let's get real. Do you really believe he's going to shell out thousands of dollars to retain an attorney to sue you over scuff marks? I'd also schedule a full refund of his deposit, rent, fees, have him sign to cancel the lease and get him the fluff out of there. If this is what you're deling with on day one it may continue. Hopefully if you offer to cancel and he faces the reality of having to move out and in again he will chill, then you can not renew his lease. 

    1Reply
  • Natalie Schanne
    Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
    4y

    @Stephanie Gledhill - 100% agree with the offer to let him out of his lease. He sounds like he signed it sight unseen and he doesn’t understand what $xxxx buys in your town. (I’ve had my own share of Airbnb guests who expected $150 hotel room equivalents for a $50/night price - I try to filter those people out before they stay.)

    My lease says they can break the contract anytime with 1-2 months re-marketing fee paid at termination. What does your lease say?

    I would try to have someone empathetic come to meet him (probably your real estate agent) and say Hi, it seems like you’re not happy with the house. What do you need to be happy for the next 12 months, or would you like to break the lease and find another place? … Ok. If you want to break the lease, (you need to vacate and) we will begin marketing asap and you owe rent until the day that the next person moves in (hopefully quickly).

    Good luck.

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    I agree with the others.

    "I'm sorry you are not satisfied with the condition of the rental. We gave you the opportunity to inspect and discuss any issues before renting. We hereby give you 72 hours to terminate the lease, vacate, and return the property to us in the same or better condition as it was received. If you meet these terms, we will issue a full refund of you deposit and any rent paid and sign an agreement to mutual termination. If you do not respond, we will assume you agree to the terms of the existing lease and accept the rental its current condition."

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    13Reply
  • Marcus Auerbach
    Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes
    4y

    What Nathan said.

    2Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    You're being harassed because he thinks he can. Make a tough stand now or he will run all over you as time goes on.....

    5Reply
  • David P.
    Member since 2020 · 404 posts · 235 votes
    4y
    Quote from @Bruce Woodruff:

    You're being harassed because he thinks he can. Make a tough stand now or he will run all over you as time goes on.....

    Besides what everyone else has mentioned. We're you there when he toured the place or did you have an agent do your tenant selection process? 
    1Reply
  • Curtis Mears
    Property Manager · Raleigh, NC · Member since 2014 · 729 posts · 596 votes
    4y

    @Stephanie Gledhill

    Tenants responsibility is to go through property before signing the lease. Your responsibility is to advertise the property as it is. Did you or pm misrepresent the property? If so, let tenant out of lease and get another renter. If you or pm represented property truthfully, then renter is liable for the lease. In this case, I would tell renter they are liable for the lease, but I will find a new tenant. But they are still responsible for lease until new lease signed.

    4Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    @Curtis Mears ^^^^

    1Reply
  • Stephanie Gledhill
    OP
    Huntington Beach, CA · Member since 2019 · 49 posts · 21 votes
    4y

    The tenants wanted to secure the property before it was vacated. They walked thru it and gave me half the deposit. I was happy to not have to lease the property and have minimal downtime. I gave the tenants that were living there a discount on the rent for finding the new renter and showing the place. We signed the lease then and the rest of the deposit was due when lease started. They did the walk thru with my agent as I am out of town. Was the mistake signing the lease before it was vacated? I assure you this is a beautiful A+ property in Franklin, TN. Arghhh. I may just pass this off to a property manager as I don't want to deal with him.

    0Reply
  • David P.
    Member since 2020 · 404 posts · 235 votes
    4y
    Quote from @Stephanie Gledhill:

    The tenants wanted to secure the property before it was vacated. They walked thru it and gave me half the deposit. I was happy to not have to lease the property and have minimal downtime. I gave the tenants that were living there a discount on the rent for finding the new renter and showing the place. We signed the lease then and the rest of the deposit was due when lease started. They did the walk thru with my agent as I am out of town. Was the mistake signing the lease before it was vacated? I assure you this is a beautiful A+ property in Franklin, TN. Arghhh. I may just pass this off to a property manager as I don't want to deal with him.

    Letting your current tenant find you a new renter was mistake #1. In this day of age of tenants screwing over landlords you need to do your due dilegence or at least have a property manager you fully trust vet anyone that steps foot onto your property.
    4Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Quote from @Stephanie Gledhill:

    The tenants wanted to secure the property before it was vacated. They walked thru it and gave me half the deposit. I was happy to not have to lease the property and have minimal downtime. I gave the tenants that were living there a discount on the rent for finding the new renter and showing the place. We signed the lease then and the rest of the deposit was due when lease started. They did the walk thru with my agent as I am out of town. Was the mistake signing the lease before it was vacated? I assure you this is a beautiful A+ property in Franklin, TN. Arghhh. I may just pass this off to a property manager as I don't want to deal with him.


    You just need more experience at this. You must remember that you are in charge 100%, and that you are running a business....

    3Reply
  • Stephanie Gledhill
    OP
    Huntington Beach, CA · Member since 2019 · 49 posts · 21 votes
    4y

    @David P. I did my credit check and spoke to his wife extensively. How would a property management company weed out a jerk? In hind sight, I should have gone over how I work and what MY expectations are. I did not put in the lease that all issues would need to be documented within 1 week if they were not noted on the move in walk through. Mistake there. Next time, I won't market the property until it is ready for rental. I may try to hand this off to a property manager.

    0Reply
  • Austin F.
    Investor · MI · Member since 2015 · 227 posts · 478 votes
    4y
    Quote from @Stephanie Gledhill:

    @David P. I did my credit check and spoke to his wife extensively. How would a property management company weed out a jerk? In hind sight, I should have gone over how I work and what MY expectations are. I did not put in the lease that all issues would need to be documented within 1 week if they were not noted on the move in walk through. Mistake there. Next time, I won't market the property until it is ready for rental. I may try to hand this off to a property manager.

    You didn't do anything wrong, this guy just sucks. No need to get a property manager involved, do what was said above and go find a new tenant.
    Don't let one tenant being a jerk lose your thousands of dollars in unneeded property management fees. Send them what @Nathan Gesnersaid above and they will either leave, or quiet down, either way it's a win for you.

    5Reply
  • Justin Winn
    Real Estate Agent · Mountain View, CA · Member since 2016 · 70 posts · 59 votes
    4y

    Many people have said you should make a tough stand. Based on your profile location I might encourage part of that tough stand to be consulting with a lawyer to understand what your specific rights are there in CA. Because if this is a person that doesn’t want to walk away from their lease, and is going to be harassing you for a while, then I would encourage you to know what options you have.

    1Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    @Justin Winn has a good point. You are in Cali, a very tenant friendly state.....

    1Reply
  • Todd Rasmussen
    Rental Property Investor · Clarksville, TN · Member since 2016 · 1k+ posts · 1k+ votes
    4y

    @Stephanie Gledhill

    A hole vibes are palpable, so PM might have noticed but not guaranteed. My guess is this person is sensing you are a new landlord and just trying to get what they can. Franklin is highly desirable, you shouldn't have any issues finding a tenant. Go with Nathan's advice, the headache is not worth the vacancy. Allow them to break the lease if they tell you in a set period of time. I wouldn't be afraid of court, damages couldn't amount to more than small claims in this case and you could get a lawyer to defend that heap of B.S. for less than a grand. Having a property manager is the only expense I never complain about, highly recommend.

    0Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Quote from @Todd Rasmussen:

    I wouldn't be afraid of court, damages couldn't amount to more than small claims in this case and you could get a lawyer to defend that heap of B.S. for less than a grand.

    Except that you can't take a lawyer into SC Court


    0Reply
  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    4y

    @Stephanie Gledhill this tenant is highly unlikely to get any better in the future.

    So, as others suggest, offer to terminate lease - just make sure to have them sign a RELEASE OF LIABILITY agreement to do so. Otherwise, they can keep threatening you.

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    1Reply
  • Todd Rasmussen
    Rental Property Investor · Clarksville, TN · Member since 2016 · 1k+ posts · 1k+ votes
    4y
    Quote from @Bruce Woodruff:
    Quote from @Todd Rasmussen:

    I wouldn't be afraid of court, damages couldn't amount to more than small claims in this case and you could get a lawyer to defend that heap of B.S. for less than a grand.

    Except that you can't take a lawyer into SC Court

    In TN you can but don't have to have a lawyer in general sessions court (small claims).

    Edit Added: If you are operating under a fictitious name because you own as an LLC, you have to have a lawyer represent you, even in general sessions.

    1Reply
  • Manny VasquezBusiness Member
    Real Estate Agent · Orange County · Member since 2022 · 318 posts · 293 votes
    4y

    I also agree with @Nathan Gesner 's statement.  Another piece of advice that I received many moons ago is to "take yourself out of the equation" and speak in 3rd person or in terms of the "company".   If you feel "pressured" or if you feel "bad" delivering @Nathan Gesner's statement, then you might say "We are sorry you are not satisfied with the condition of the rental.  It is company policy that we give you...."

    Last but not least, I also agree with @Rodney Sums that this guy will not pay thousands of dollars to retain a lawyer just to review "Stains and scuff" marks. A lot of tenants are quick to throw out the "I will have my lawyer review this" statement just to have you concede to their demands.  However, the reality is that those same tenants would never truthfully pay to retain a lawyer, especially for trivial items such as scuff marks.

    2Reply
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