Reported noise, smoking and illegal activity issues with tenant

[Terry Dietzler]

Hi all,

Situation we've run into and looking to get some good advice from some of the pros here on BP.

We manage a property we own where we have a tenant who has been very quiet (read: good tenant) for the 1st 8 mos of her 15 mo lease. Per the lease, she's required to change the air filters but we've said we would do so anyway as it's only about a mile from our house. She said she would change them herself as she doesn't like other people in her unit. It's been mentioned to us that this is because she is hiding something but if we don't see an issue then all is fine. We are going to conduct a mid-term inspection this coming week and let her know that she didn't need to be present or could be at her preference. We tend to do these when folks are at work so as not to disturb them. She scheduled it with us so she could be present later this week. Yesterday we got a call from the building's property manager that there's been 3 reports of noise and 1 report of marijuana coming from her apartment over the past 5 weeks. This constitutes 5 violations in the lease: 3 on noise, 1 on smoking and 1 on illegal activity. It also violates a clause in the HOA by-laws regarding noise. It's only after the 3rd occurrence over July 4th weekend that the PM told us about any of this.

Our new plan is to show up mid-morning on Monday under a lease clause that we can enter the property without notice to:

1) survey or review the Property condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; 

which we'll be doing both 1 & 4. At this point we don't know if we'll smell smoke of some sort, find someone else in the unit (which is ok but they're not allowed to be there more that 7 days at a time) or nothing. Looking for advice and guidance specific to Tennessee. 

Thanks in advance!

[Guy Gimenez]

1. Understand before you ever sign a lease who owns the property. It should have raised your eyebrown when she said she doesn't like people in her unit. You missed that red flag #1 and will likely now see why it's a problem. 

2. Never allow a tenant to change A/C filters or perform any other maintenance to the unit. They seldom do so and will also purchase the least expensive and inferior filters available if they are required to purchase the filters. And tenants have little incentive to change them. Red flag #2. 

3. Monthly inspections are an important part of being a landlord. It's an investment property that you should want to maintain properly. You'll never know if there are leaks under the sinks, leaking water heater, excessive damage smoking, unauthorized tenants, etc. if you depend on the tenant to let you know. Red flag #3