tenant very upset with non renew notice
Hi BP. I don't post a whole lot but find the BP forums to be very informative so just looking for feedback or advice. Long story short, decided to not renew a 2.5 year tenant that paid the rent,
kept pretty much to himself but doesn't keep the unit in great shape in my opinion. He is very difficult when it comes to communications and very difficult to coordinate workers. So thought we not renew and get apartment rehabbed and up the rent which is currently $200 below +/-. Before mailing notice i sent a friendly email ( 90 day notice ) outlining the non renewal ( did not give reason ) just non renewal. Well, he didn't take that very well and demanding reason. wrote a very lengthy respond basically calling me out as an ethically challenged slumlord and he is probably going to die in the streets and have to have his cats killed, live in his van, i could go on and on. health, financial issues, which i do somewhat believe just not to the extent he claims. So i plan on allowing him to stay as a MTM for 7 months with a small increase in rent and give him more than ample time knowing the rental market in FL is bad. Sorry ended up being long story. Anyways i attached a copy of what i intend to send to him certified mail and not addressing any of his claims against me ( there were many more ) I.E. claiming i am intentionally destroying his life ( his words) . Does my response sound to wordy ? I want to be kind and have empathy for him if in fact he is in a dire situation and may have some mental health issues.. I want to be clear, direct and show empathy but do not want to renew especially after his emails.
SEE BELOW
NOTICE OF NON-RENEWAL OF LEASE
Date: 08/12/2022
To tenant:
XXXXXXXXXXX,
This letter is notice to you that your current lease/rental agreement for the premise located at XXXXXXXXXXX St, XXXXXXX FL, unit X will expire at midnight on 10/31/2022 and will not be renewed.
Our records show you have a security deposit in the amount of $1150.00 and a last month’s credit of $1150.00. Last month’s credit will be applied against the last month of residency.
All refunds due to you after deducting for any repairs / unpaid rent / any unreasonable cleaning conditions ( if applicable ) will be sent to your new address either with-in 15 days
( no claims against security ) or 30 days (claim against security) after you vacate and turn over property to us, as required by Florida law.
Please notify us of your forwarding address when known so that any refundable security deposit can be mailed to you.
NOTE: Per our e-mail correspondence on 08/05/2022 with Tenant XXXXXXXX, do to his stated extreme hardships, we agree to allow XXXXX to rent on a month-to-month term and extend him the courtesy to stay through May 2023. At that time, we require the unit to be vacated and available to us on June 1st. The amount of rent is set @ $XXXXX per month starting November 1st and remain for duration of period assuming tenant remains current and in good stature. No penalty for early return of unit/property.
This is NOT an eviction of any kind and should not be construed in any other way except owner taking control/ownership of unit. This is a simple Non renew of a contract.
We do thank you for your tenancy the last 21/2 years and keep us informed of any early departure before May 31st.
Sincerely,
_____________________________
landlord
Contact xxxxxxxxxxxxxxxxxx
PS: We inherited your original lease when we purchased the property, so please notify us if there are any discrepancies.
I would not respond to the tenant's rants at all. Your correspondence will just end up in court 7 months from now when he refuses to leave next time, and you're validating the tenant's "extreme hardships" for the judge.
In addition, this is not a month to month extension. It's a 7-month extension. If it were month to month, you could cancel it at any time with sufficient notice. As written, you are extending the tenant's lease for 7 months, but giving them no penalty for early termination (which is fine, just call it what it is).
There is nothing wrong with extending them for 7 months. That is your prerogative. But there's no need to get into details or respond to the tenant's laundry list of concerns, it just muddies the water and gives them more ammunition in court.
Finally, if you inherited the lease, now is your opportunity to update with with a solid lease prepared by an attorney of your choice. Clean up your paperwork, have the right ownership reflected in the lease, and make sure the lease term, notice requirements, early termination requirements, etc, are crystal clear and to your liking.
When you end up in court (and you will eventually as a landlord), the person with the cleanest paperwork usually wins. As a property manager, there's nothing I hate more than having to evict a tenant and go to court with a lease that is several years old and signed by someone who owned the property 2 or 3 ownership changes ago. It just looks sloppy and it makes things confusing.
Hi Daniel,
Well, he's probably not lying.
So maybe ask a Social Worker to drop by his place and check on him: https://www.google.com/search?q=Dunedin%2C+FL+social+worker&rlz=1C1CHBD_enUS751US751&ei=LMTyYqa1E_24qtsPnLKJoAo&ved=0ahUKEwim-_SOzbr5AhV9nGoFHRxZAqQQ4dUDCA4&uact=5&oq=Dunedin%2C+FL+social+worker&gs_lcp=Cgdnd3Mtd2l6EAMyBQghEKABMgUIIRCgATIFCCEQoAEyBQghEKsCMgUIIRCrAjIFCCEQqwI6BwgAEEcQsAM6BQgAEIAEOgQIABBDOggIABCABBDJAzoFCAAQkQI6CwguEIAEEMcBEK8BOgYIABAeEBY6BQgAEIYDOggIIRAeEBYQHUoFCDwSATFKBAhBGABKBAhGGABQwxBY0SZgsihoAXABeACAAXaIAe0JkgEEMTIuMpgBAKABAcgBCMABAQ&sclient=gws-wiz
Cats if needed: https://www.nokillnetwork.org/d/Florida/
If the place qualifies for section 8 (per it's inspection) he might be a good long term renter at Section-8 steady rent. (no turns cost, no fix up cost--just collect the rent).
You could also tell him to go apply at Temporary Work places and make some extra cash in addition to his regular job.
Good Luck!
Quote from @Daniel Okeefe:
This is super easy. It's your property and you decide who lives there. You don't need to justify it or get caught up in his drama. Stick to your guns and move on.
Quote from @Nathan Gesner:Nathan G.
Quote from @Daniel Okeefe:
This is super easy. It's your property and you decide who lives there. You don't need to justify it or get caught up in his drama. Stick to your guns and move on.
always a pleasure to read your response in cases like this Straight forward and to the point.
I do treasure your view point.
I prefer non confrontation, so this part of LL is always the most uncomfortable for me. That said you're making the discomfort last 7 more months than it needs to, and he had 90 days to figure it out so if he can't figure it out in 90 days, 7 months isn't going to magically resolve it. That said I'd be a man of my word and stick to what I agreed to thus far...but I bet you regret it. FL has always been a 15 day notice state so you were more than generous with the time and should have just stuck with that.
You are letting your tenant dictate the terms of their (terminated) tenancy!
You gave him a non-renew notice (make sure it was proper based on local laws). You don't owe him ANYTHING. Not an explanation. Not an extension. Not a solution for every wrong he perceives you've caused in his life. Nothing.
You had the right idea. Stick to your guns. Do not negotiate. He's out by when you terminated his lease or you file for eviction. It's that simple. You are running a business. You decided he was not a good fit. You gave him ample notice you were making a change. There is nothing left to discuss.
Henceforth, all of your communication with him should be short, businesslike, and in writing. Any communication from him that does not ask a specific question pertaining to move-out procedures does not merit a response. As others have said, any flexibility/validation of his "situation" that you are showing him in your emails will be used against you in court. No good deed goes unpunished. I'm afraid you'll be receiving said punishment if you indulge him.
I wouldn't renew someone if they went off on me like that. Do you think that'll make the next 7 months more or less comfortable than they are right now? Likely less.
If you want to help out, that's great, but I would be much more inclined to help someone out who asked instead of trying to put me on blast like he did.
You can help him out if you'd like, but usually tenants like this stay like this, meaning in 7 months he'll be blasting you again for not renewing for another 7 months.
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"Tenant is upset with Non-Renew Notice."
And we care why?
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They won't be happy. If you want to extend it for 7 months at the market rate, that is your choice. It would give him time to find a new place and you can tell him he can give you 30 days' notice at any point during that 7 months without any penalty. You are letting them control what you do with your unit. Having said that they did pay the rent on time.
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Quote from @Theresa Harris:
Having said that they did pay the rent on time.
No disrespect meant, but in my eyes that is not a plus...that is what people should do. It is like saying 'well they didn't beat their kids'.... :-)
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Quote from @Bruce Woodruff:
Quote from @Theresa Harris:
Having said that they did pay the rent on time.
No disrespect meant, but in my eyes that is not a plus...that is what people should do. It is like saying 'well they didn't beat their kids'.... :-)
People should, but many people don't. ...and I mean should pay the rent, NOT beat their kids.
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Quote from @Theresa Harris:
Quote from @Bruce Woodruff:
Quote from @Theresa Harris:
Having said that they did pay the rent on time.
No disrespect meant, but in my eyes that is not a plus...that is what people should do. It is like saying 'well they didn't beat their kids'.... :-)
People should, but many people don't. ...and I mean should pay the rent, NOT beat their kids.
Ahaha, no folks, don't beat your kids.
I wonder what percentage of people pay their rent every month, more or less on time?
wow.. thank you everyone. Sometimes it hard not to get involved in peoples troubles and then you end up down a rabbits hole.
Great perspective from all, thank you. Especially Wesley and Matt who i think i needed to hear and nailed it on the head. tenant threw a lot of stuff at me
and need to step back and as the saying goes. it is what it is. and their personal issues are not my job, place or responsibility to try and cure.
Thanks again. i do love this BP site !!
@Daniel Okeefe At least you will have all the fun stories at parties from now on :) Hang out with a couple of property managers! We have heard it all!
I’m not sure why a person sent text or email to tell the tenant that they are not going to extend/ renew the lease. I’m not an expert on all the ways you can put someone on notice so if a PM wants to chime in that would sure help.
I have found personally that the people I’ve tried hardest to be understanding with I ended up having to evict anyways and they were definitely trying to throw me under the bus before the judge. The fact that the guy went off on you should have given you more resolve to remove him. I’m not trying to be vindictive It simply is what it is and the guy trying to blame his life troubles on you is something that you should not accept as your job to fix or solve. I have gotten schooled More than once by tenants trying to make me feel like I’m the bad person and I took the bait. The easiest bait for me in the past was when they started talking about Jesus because I am pro Jesus. One time I had three different people in one week time challenge my faith and calling if I didn’t do what they demanded or requested. Looking back it’s a little humorous, but I can assure you it was not humorous at the time. It was a very low blow.
These responses of "it's your house, you decide who lives there" etc. are making me laugh. You're all not from California, I'm guessing? haha. Good night, I can't wait to get the rest of my money out of this state!!!
Quote from @Daniel Okeefe:
Daniel, I didn't even read your entire email because you know in your gut this is completely wrong. He's not a good tenant and you are not his caretaker. Stick with the non-renewal and ignore his rants. He'll find another place to live and you'll be so much happier once he's gone.
You have to learn to toughen up a little. Tenants are very good at manipulating emotions, begging, threatening, offering to do better, etc. Business is business. He performed poorly and needs to go.
Keep it simple and to the point. Sometimes being the "good guy" will only result in them taking advantage and screwing you over!
Quote from @Chris John:
These responses of "it's your house, you decide who lives there" etc. are making me laugh. You're all not from California, I'm guessing? haha. Good night, I can't wait to get the rest of my money out of this state!!!
Oregon and Washington too. Reminds me, I need to complete my list of UNjust cause states.