Reported noise, smoking and illegal activity issues with tenant
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!
Proceed with the inspection as originally planned and scheduled.
ask the building manager (assuming HOA manager) to put the "violation / complaint" in writing, then use that as baseline to notify your tenant. For now it is a baseless allegation that is over the phone and undocumented. I wouldn't be comfortable telling my tenant there are in violation of the lease just because I received a call from someone saying someone else said something. And four complaints in a matter of a few days after months everything being ok (yes, something may have changed in your tenant's personal life and they are on a downward spiral which happens). Or call your tenant and tell them the building manager mentioned things. I wouldn't jump to lease violation at this stage.
As for entry, maybe this is ok under Tennessee laws, but typically you don’t get to enter a tenant’s home without notice just to look around or leave a note on the kitchen counter regardless of what the lease says (State laws would trump the lease if there is a conflict between the two)
Quote from @Terry Dietzler:
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.
Do not skip in-person inspections! Before ever signing a lease with a tenant, you need to show them the written clause that you will conduct an in-person inspection at least once a year and that you will give at least 24 hours notice. Tenant may be present, but it is not necessary or required. The law requires you to give notice; it does not require you to get permission from the tenant.
I am curious why the "building manager" is collecting five complaints before notifying you? I would file a complaint with them for holding onto it and demand that future complaints be forwarded in a timely manner, preferably in writing.
At this point, I would conduct the inspection and respond based on what I find. If everything looks good inside and she's been paying in a timely manner, I would mention the verbal complaints and let her know someone is keeping a close eye on her. Remind her that smoking of any kind will result in termination. If things looked rough inside or she's otherwise problematic, then I recommend having a more stern, written warning you could make her sign so the warning is on record. This could put her on notice that one more violation may result in termination.
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