Aggressive tenant complaints- time to lawyer up?

Question

I'm an absentee landlord renting out my old house.  I hired a local property manager to handle day-to-day issues and tenant relations.  Our tenant is a young attorney who never fails to remind us of her profession.  Months ago, they complained to my property manager about finding a rat in the garage.  We called pest-control immediately to trap and seal openings around the house.  The tenants complained again about continued rodent activity in the garage, and we called a second exterminator to come by.  The exterminator did not detect evidence of rodents on the second visit.

Today, the tenant sent another angry message to the property manager, this time with photos of rat feces inside the house, claiming damages to their personal items and health problems.  This is the first time they've reported rodents inside the house, and they waited 4 days before notifying us.  They claim that we've done nothing to resolve the situation and claim that we are breaching state landlord/tenant code for health violation.  We've called the exterminator again, who will be visiting tomorrow.  They're asking for prorated rent, and demanding insurance to cover their damages.  They have stopped short of threatening legal action but are aggressive in their emails.  Their lease ends this month.  So far, I've let the property manager handle all communication with the tenant.  Is it time to lawyer up?

Lynn McGeein · Answer

I think I'd ask the property manager to itemize all steps taken in writing to both you and the tenant so you'll have it if needed and they'll see they cannot reasonably say you've done nothing to resolve the issue.  I'd also have PM inspect the home if they haven't already, take lots of pictures if tenant is potentially promoting an environment that attracts the pests.  There are some areas in our city that just have rats, and you know if you live in one of those areas, it's a constant battle to keep them out of your house.  Maybe ask the neighbors if they're all having the same issues.

Scott Mac · Answer

The rat droppings inside the unit did not beam down from the USS Enterprise.

You have been provided of a photo of these droppings, so calling the exterminator seems correct.

How much is the renter wanting for damages ($50 or $5,000), and if it were mine, "You stay--You pay" no rent proration.

Rats eat into cereal boxes and the like, they want food. If she wants $12 for ruined food, I'd pop her a $50 gift card from the local grocery store, and just let her pay the rent.

The interior rat intrusion must be stopped, they carry diseases, like plague and dysentery.

Good Luck!

Kar Sun · Answer

I will say this- never rent to an attorney.

Attorneys are not a federally protected class you do not have to worry to much.

These people are just trouble.

I do not know what state you are in but look into what is considered a "habitable" home in your state.

In some states in includes working AC, definitely plumbing, no mold, etc..

Usually unless the issue is an emergency that threatens habitability you do not have to fix it right away.

Usually it is 30 days to be considered reasonable.

You need to get a report from your pest control that states that no evidence of rodents and provide it to your tenant.

You may want to hire another company (licensed and bonded) to inspect your property and provide you a report of no evidence of infestation.

That way you can provide both reports to her.

There is no other way for you to determine the evidence of rodents as you are not a licensed pest control company, so you must rely on a third party.

Also keep all your communications with her as she is responsible to notify you of issues not the other way around.

Your tenant wants to intimidate you.

For a future make sure not to let them live in your place and put a clause in a contract stating that tenant is responsible for pest control.

If she gets annoying offer cash for key to her and get rid of her as she is the actual pest.

I would basically make sure I did the steps above and ignore her if her rent ends this month.

If your property is in a state with landlord unfriendly laws I would recommend to sell the property.

Or at least consider it as it is hard to manage these kind of properties unless you have multiples.

Your PM company does not really care much about you (small income); they want to get the money and not do much.

They should actually have an attorney and provide you with the info.

Do not get involved with attorneys as these people will empty your pocket to create income for themselves.

Nathan Gesner · Answer

1. I try to avoid renting to attorneys, and that's not a joke. They try to intimidate with $5 words and legal jargon.

2. Your PM isn't doing you any favors. A good PM would lead the way on this issue, not leave you to figure out how to handle this.

3. Your PM failed by having a poorly written - or poorly enforced - lease. The lease should make the tenant responsible for ordinary pest control.

I would give them a written notice that you are sending pest control out for the second time. If they are unhappy with the rental, they are free to leave with two weeks notice, pay rent through those two weeks, and they'll receive a full refund of the deposit after they are out without penalty as long as it's broom swept with no damages. If they insist on staying, they have to take responsibility for pest control.

Rats and mice can easily be controlled with bait stations and a bucket of bait. I have a house in the mountains that used to be infested. I fill the bait stations twice a year and haven't found a mouse inside the home in two years.

Colleen F. · Answer

@Oliver T. are they already non-renewed and moving out when they found the rat droppings?  If they are claiming health problems I would think they would certainly be moving.    They are asking for pro-rated rent for what?  A time they feel they can't occupy? some part of the property they can't occupy?    I would ask the PM to ask for specifics about what they feel is damaged and what the pro-rata request is before you make a decision about compensation.  They should have renters insurance but my first priority here would be to get them out as they clearly are unsatisfied.   The rats you have to eliminate but with this tenant I don't think you will never make them happy as they will think rats with every little noise in the house.

Bjorn Ahlblad · Answer

The lease ends this month. Send them a 'Notice of Non Renewal'. I have rented to lawyers twice and no problems-they were model tenants. Unfortunately they both ended up building houses and moved out. C'est la vie!

Oliver T. · Answer

@Kar Sun, lesson learned about attorneys!  I've got enough documentation to show that we've been responsive, but not sure if I have a report from the last exterminator visit.  I'll be sure to get a report from pest control this time.

@Charles Carillo, I don't currently have an RE attorney, but I've started doing a google search for one.  Their lease ends in two days, so I'm just trying to get them out with as little trouble as possible.

Thanks both for your advice!

-Oliver

Jonathan R McLaughlin · Answer

@Oliver T. Most good lawyers k ow the best thing to do is stay out of court. It’s the new ones and the bush league ones that do stuff like this.

At least it’s not a law student….

Kar Sun · Answer

If they have the invoice for you that is good. Sometimes they can put a note on the invoice stating no rodents found. You do not have to tell them the story of your tenant. Just ask if they can put that note on your invoice. And as someone else stated get the timeline of communications with the evidence of emails. Never talk on the phone as you cannot prove it. Your tenant might be getting nasty because she knows she won;t get her security deposit back so she is creating a situation. Get largest security deposit allowed in your state and do not bother with attorneys. Waste of money and nerves.

Charles Carillo · Answer

@Oliver T.

Does this tenant have renter's insurance? I would give your real estate attorney a call and explain the situation. My goal with this tenant would be to get them out. Your attorney will have some options but you are not going to renew their lease and they are going to be a continuous issue until the lease is up.

Aggressive tenant complaints- time to lawyer up?

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