Received a harrassment letter from my tenant
Member since 2021 · 37 posts · 7 votes
Received a harrassment letter from my tenant
Most Popular Reply
Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
4yQuote from @Richard Ma:
Quote from @Account Closed:
Quote from @Richard Ma:
hi i just received a harassment letter from my tenant and was wondering if i should find a landlord attorney for this?
It really depends, (clue: not likely)
What does it say?
it say we harassing them because my mom went inside to go to the yard
when they are not at home and went inside their home to receive payment
without their permission and saying we throw away their mails/letter and
telling them not to use the washing machine/ drying machine after 7pm
and saying we making noise after 10pm. they also say we refused payment
because my mom don't know whats a cashier check because they always give
cash to her and all of a sudden they give her a cashier check and my
mom don't know whats that so she refused.
Sounds like mom isn't upto speed on what's allowed. I don't know where you are located, but you can't do things like that in Arizona. You have to treat tenants like it's their home because it is. The have a right to privacy and quiet enjoyment. So, no more going into the residence without the tenant's permission. Give them 2 days notice or whatever is required in your state and teach mom what cashier's checks are. And why would she care what time they do the laundry? It's their home.
Yes, I'd go with that she is harrassing them.
31 Replies
- Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes4y
Quote from @Richard Ma:
hi i just received a harassment letter from my tenant and was wondering if i should find a landlord attorney for this?It really depends, (clue: not likely)
What does it say?
- Rental Property Investor · Somewhere over the Rainbow · Member since 2021 · 1k+ posts · 1k+ votes4y
Harassment for what?
- Member since 2021 · 37 posts · 7 votes4y
Quote from @Jeremy Horton:
Harassment for what?
it say we harassing them because my mom went inside to go to the yard when they are not at home and went inside their home to receive payment without their permission and saying we throw away their mails/letter and telling them not to use the washing machine/ drying machine after 7pm and saying we making noise after 10pm. they also say we refused payment because my mom don't know whats a cashier check because they always give cash to her and all of a sudden they give her a cashier check and my mom don't know whats that so she refused.
- Member since 2021 · 37 posts · 7 votes4y
Quote from @Account Closed:
Quote from @Richard Ma:
hi i just received a harassment letter from my tenant and was wondering if i should find a landlord attorney for this?It really depends, (clue: not likely)
What does it say?
it say we harassing them because my mom went inside to go to the yard
when they are not at home and went inside their home to receive payment
without their permission and saying we throw away their mails/letter and
telling them not to use the washing machine/ drying machine after 7pm
and saying we making noise after 10pm. they also say we refused payment
because my mom don't know whats a cashier check because they always give
cash to her and all of a sudden they give her a cashier check and my
mom don't know whats that so she refused. - Member since 2021 · 37 posts · 7 votes4y
oh ya forgot to say theirs another family downstairs too which sometimes the family children forgot their key and ask my mom to open the door for them. this family is cool but the other family is the problem family sometimes the other family have argument with this family too.
- Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes4y
Quote from @Richard Ma:
Quote from @Account Closed:
Quote from @Richard Ma:
hi i just received a harassment letter from my tenant and was wondering if i should find a landlord attorney for this?It really depends, (clue: not likely)
What does it say?
it say we harassing them because my mom went inside to go to the yard
when they are not at home and went inside their home to receive payment
without their permission and saying we throw away their mails/letter and
telling them not to use the washing machine/ drying machine after 7pm
and saying we making noise after 10pm. they also say we refused payment
because my mom don't know whats a cashier check because they always give
cash to her and all of a sudden they give her a cashier check and my
mom don't know whats that so she refused.
Sounds like mom isn't upto speed on what's allowed. I don't know where you are located, but you can't do things like that in Arizona. You have to treat tenants like it's their home because it is. The have a right to privacy and quiet enjoyment. So, no more going into the residence without the tenant's permission. Give them 2 days notice or whatever is required in your state and teach mom what cashier's checks are. And why would she care what time they do the laundry? It's their home.
Yes, I'd go with that she is harrassing them. - Member since 2021 · 37 posts · 7 votes4y
Quote from @Account Closed:
Quote from @Richard Ma:
Quote from @Account Closed:
Quote from @Richard Ma:
hi i just received a harassment letter from my tenant and was wondering if i should find a landlord attorney for this?It really depends, (clue: not likely)
What does it say?
it say we harassing them because my mom went inside to go to the yard
when they are not at home and went inside their home to receive payment
without their permission and saying we throw away their mails/letter and
telling them not to use the washing machine/ drying machine after 7pm
and saying we making noise after 10pm. they also say we refused payment
because my mom don't know whats a cashier check because they always give
cash to her and all of a sudden they give her a cashier check and my
mom don't know whats that so she refused.
Sounds like mom isn't upto speed on what's allowed. I don't know where you are located, but you can't do things like that in Arizona. You have to treat tenants like it's their home because it is. The have a right to privacy and quiet enjoyment. So, no more going into the residence without the tenant's permission. Give them 2 days notice or whatever is required in your state and teach mom what cashier's checks are. And why would she care what time they do the laundry? It's their home.
Yes, I'd go with that she is harrassing them.yep, i told her u cant go into someone place without permission, just because they don't answer the phone. So i told her don't ever go to their place ever again and forget about going to the yard. I told her about the cashier check also its a form of payment you have to accept payment. i told her about the laundry machine too even tho it makes noise and bother them sleeping since they always do it late at night i told them you cant do anything about it. so i guess those are solved. my question is if my mom not going to repeat those mistake they cant do anything right? now another question for my mom is back then they never asked for receipt for the rent or utilities bill, now they want it and my mom want to tell them to sign the contract can they refuse that? if they refuse to sign then my mom can never get back downstairs unless they leave on their on since she don't have contract? another question is my mom never throw away their mail/letter so do they have a case on this one too and also the making noise at 10pm?
- Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes4ySign what contract? Do you not have a rental agreement with them?
Quote from @Richard Ma:
Quote from @Account Closed:
Quote from @Richard Ma:
Quote from @Account Closed:
Quote from @Richard Ma:
hi i just received a harassment letter from my tenant and was wondering if i should find a landlord attorney for this?It really depends, (clue: not likely)
What does it say?
it say we harassing them because my mom went inside to go to the yard
when they are not at home and went inside their home to receive payment
without their permission and saying we throw away their mails/letter and
telling them not to use the washing machine/ drying machine after 7pm
and saying we making noise after 10pm. they also say we refused payment
because my mom don't know whats a cashier check because they always give
cash to her and all of a sudden they give her a cashier check and my
mom don't know whats that so she refused.
If your mom continues to violate the rights of the tenants, yes that can bcome an issue that becomes a landlord/tenant law issue.
I don't know where you are so I don't know the landlord\tenant laws that affect you. You need to talk to a local attorney to have the rest of your questions answered correctly. - Member since 2021 · 37 posts · 7 votes4y
Quote from @Account Closed:
Sign what contract? Do you not have a rental agreement with them?Quote from @Richard Ma:
Quote from @Account Closed:
Quote from @Richard Ma:
Quote from @Account Closed:
Quote from @Richard Ma:
hi i just received a harassment letter from my tenant and was wondering if i should find a landlord attorney for this?It really depends, (clue: not likely)
What does it say?
it say we harassing them because my mom went inside to go to the yard
when they are not at home and went inside their home to receive payment
without their permission and saying we throw away their mails/letter and
telling them not to use the washing machine/ drying machine after 7pm
and saying we making noise after 10pm. they also say we refused payment
because my mom don't know whats a cashier check because they always give
cash to her and all of a sudden they give her a cashier check and my
mom don't know whats that so she refused.
If your mom continues to violate the rights of the tenants, yes that can bcome an issue that becomes a landlord/tenant law issue.
I don't know where you are so I don't know the landlord\tenant laws that affect you. You need to talk to a local attorney to have the rest of your questions answered correctly.yea we don't have a rental agreement with them and now my mom want to have them sign a rental agreement and she scared that they refuse to sign. ya i told her dont do those stuff ever again next time its gonna be a legal battle and we gonna lose cause u keep invading their place
- 4yDan H.Pro MemberInvestor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
Quote from @Richard Ma:
im in sf, caIn ca, and every state I am aware of, no rental contract implies month to month lease. In most states you would be able to provide notification of lease termination with a month or two notification but …
In California multiplexes over 15 years old (I am assuming your units are older than 15 years) are rent controlled. The landlord has only a few legal reasons for a “no fault” lease termination. The two most common are to move an immediate family member into the unit or to rehab the unit where the rehab is such that it is unreasonable for tenant to reside in the unit during rehab. A no fault termination requires landlord to provide one month rent to the tenant. In the absence of meeting a criteria for no fault termination, you cannot legally get rid of the tenant if they are paying the rent and following the lease (which you have no lease so they are automatically in compliance with the lease).
My recommendation is that you interview property managers and hire one immediately. Loosing a tenant suite could cost you much more than the cost of a professional property manager. I suspect the PM may run efficiently enough that your actual cost will be very small and there is a chance that you will actually increase your cash flow. I state this because many/most poorly self-managed properties 1) do not do rent surveys and do not know market rent and therefore are often charging far below market rent, 2) do not have reliable, competent, reasonably priced handymen/contractors and therefore often overpay for maintenance/cap ex items 3) do not know the housing laws and therefore can get sued by tenant, fined by the housing authority, or taken advantage by the tenant.
Do you know AB1482? If you choose to ignore my advise about hiring a competent, professional PM, make sure you know the rent control ordinance.
by the way there is a Property Manager Certification. This certification would be a good first screening criteria.
Good luck
- New to Real Estate · Oakland, CA · Member since 2020 · 8 posts · 1 vote4y
@Richard Ma sounds like they got good advice from the tenant union. Yeah be careful, this is SF.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes4y
This sounds like a personality conflict. Mom should know what forms of payment are allowed. If she doesn't, then she has no business collecting rent. Entering the yard without permission is a violation of the Tenant's right to quiet enjoyment, but there are exceptions to that.
I don't see enough information here to determine who's at fault. I would probably ignore the letter and focus on being the best Landlord you can be.
The DIY Landlord Book4.7248 Reviews - Member since 2021 · 37 posts · 7 votes4y
Quote from @Dan H.:
Quote from @Richard Ma:
im in sf, caIn ca, and every state I am aware of, no rental contract implies month to month lease. In most states you would be able to provide notification of lease termination with a month or two notification but …
In California multiplexes over 15 years old (I am assuming your units are older than 15 years) are rent controlled. The landlord has only a few legal reasons for a “no fault” lease termination. The two most common are to move an immediate family member into the unit or to rehab the unit where the rehab is such that it is unreasonable for tenant to reside in the unit during rehab. A no fault termination requires landlord to provide one month rent to the tenant. In the absence of meeting a criteria for no fault termination, you cannot legally get rid of the tenant if they are paying the rent and following the lease (which you have no lease so they are automatically in compliance with the lease).
My recommendation is that you interview property managers and hire one immediately. Loosing a tenant suite could cost you much more than the cost of a professional property manager. I suspect the PM may run efficiently enough that your actual cost will be very small and there is a chance that you will actually increase your cash flow. I state this because many/most poorly self-managed properties 1) do not do rent surveys and do not know market rent and therefore are often charging far below market rent, 2) do not have reliable, competent, reasonably priced handymen/contractors and therefore often overpay for maintenance/cap ex items 3) do not know the housing laws and therefore can get sued by tenant, fined by the housing authority, or taken advantage by the tenant.
Do you know AB1482? If you choose to ignore my advise about hiring a competent, professional PM, make sure you know the rent control ordinance.
by the way there is a Property Manager Certification. This certification would be a good first screening criteria.
Good luck
yea i might do that after seeing a landlord attorney first. If my girlfriend just give birth to my baby is that a good reason for moving an immediate family member into the unit since my girlfriend and the baby will be living in the house? - Member since 2021 · 37 posts · 7 votes4y
Quote from @Josh Benjamin:
@Richard Ma sounds like they got good advice from the tenant union. Yeah be careful, this is SF.
yep after my mom received that letter we know that they went to a tenant union to get advice, ya sf is hard to rent out now since most of the tenant take advantage of you. my neighbor tenant didn't pay over a year and have to get a attorney involve. after this time i told my mom don't rent no more not worth it in sf i will give her money to pay for the monthly payment for the house. - Member since 2021 · 37 posts · 7 votes4y
Quote from @Nathan Gesner:
This sounds like a personality conflict. Mom should know what forms of payment are allowed. If she doesn't, then she has no business collecting rent. Entering the yard without permission is a violation of the Tenant's right to quiet enjoyment, but there are exceptions to that.
I don't see enough information here to determine who's at fault. I would probably ignore the letter and focus on being the best Landlord you can be.
ya my mom is Chinese and most of the Chinese just want try to rent out and help pay a bit for the monthly payment for the house. my worry is they said in the letter we throwing away their mail/letter and making noise bothering sleeping which we did not do. - Member since 2021 · 37 posts · 7 votes4y
I got a question can i put camera in the garage? i told my mom don't ever go inside their property to collect rent, meet them in the garage and if they ignore your call then we put up a notice for them to pay rent or leave. is that a good idea?
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes4y
Quote from @Richard Ma:
I got a question can i put camera in the garage? i told my mom don't ever go inside their property to collect rent, meet them in the garage and if they ignore your call then we put up a notice for them to pay rent or leave. is that a good idea?
An even better idea:
1. Get instructions from your bank to set up direct deposit so your tenant can pay electronically without you ever seeing them;
2. Give them deposit slips so they can drop payment off at the bank;
3. Mount a secure box in the garage and instruct tenant to drop money orders or cashiers checks in the box.
The DIY Landlord Book4.7248 Reviews - Member since 2021 · 37 posts · 7 votes4y
Quote from @Nathan Gesner:
Quote from @Richard Ma:
I got a question can i put camera in the garage? i told my mom don't ever go inside their property to collect rent, meet them in the garage and if they ignore your call then we put up a notice for them to pay rent or leave. is that a good idea?
An even better idea:
1. Get instructions from your bank to set up direct deposit so your tenant can pay electronically without you ever seeing them;
2. Give them deposit slips so they can drop payment off at the bank;
3. Mount a secure box in the garage and instruct tenant to drop money orders or cashiers checks in the box.
thnx for the tip i will go with #3 just brought a mail drop off box, and told my mom next time tell them to drop the money into the box when its the due date. my question now is how do you give the receipt for the rent/utilities bill to them? - 4yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Is it your rental or your mom's? If it is yours, I'd suggest you tell your mom that she can't go there and needs to remember when they are renting the home, it is the the tenant's home, not your property. Is this a shared house where the tenants live in the basement and you live upstairs or do you (and your mom) live in another property?
- Member since 2021 · 37 posts · 7 votes4y
Quote from @Theresa Harris:
Is it your rental or your mom's? If it is yours, I'd suggest you tell your mom that she can't go there and needs to remember when they are renting the home, it is the the tenant's home, not your property. Is this a shared house where the tenants live in the basement and you live upstairs or do you (and your mom) live in another property?
yes its a share house ya i live with my mom in the same property as the tenant, she do all the renting stuff it just that the tenant starting to have problem so i have to tell her what she doing wrong and dont do it ever again. - 4yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votesOne option is to change the locks to the tenant's unit and give them a key and one for you-do not give your mom one. I'd also take over dealing with the tenant if your mom doesn't know the rules.
Quote from @Richard Ma:
Quote from @Theresa Harris:
Is it your rental or your mom's? If it is yours, I'd suggest you tell your mom that she can't go there and needs to remember when they are renting the home, it is the the tenant's home, not your property. Is this a shared house where the tenants live in the basement and you live upstairs or do you (and your mom) live in another property?
yes its a share house ya i live with my mom in the same property as the tenant, she do all the renting stuff it just that the tenant starting to have problem so i have to tell her what she doing wrong and dont do it ever again. - Member since 2021 · 37 posts · 7 votes4y
Quote from @Theresa Harris:
One option is to change the locks to the tenant's unit and give them a key and one for you-do not give your mom one. I'd also take over dealing with the tenant if your mom doesn't know the rules.Quote from @Richard Ma:
Quote from @Theresa Harris:
Is it your rental or your mom's? If it is yours, I'd suggest you tell your mom that she can't go there and needs to remember when they are renting the home, it is the the tenant's home, not your property. Is this a shared house where the tenants live in the basement and you live upstairs or do you (and your mom) live in another property?
yes its a share house ya i live with my mom in the same property as the tenant, she do all the renting stuff it just that the tenant starting to have problem so i have to tell her what she doing wrong and dont do it ever again.
ya im taking over the renting stuff now. my mom will call them and i will meet them by myself and introduce myself and telling them i will be taking over from now on and give them my phone number and if anything let me know - 4yDan H.Pro MemberInvestor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
Quote from @Richard Ma:
Quote from @Dan H.:
Quote from @Richard Ma:
im in sf, caIn ca, and every state I am aware of, no rental contract implies month to month lease. In most states you would be able to provide notification of lease termination with a month or two notification but …
In California multiplexes over 15 years old (I am assuming your units are older than 15 years) are rent controlled. The landlord has only a few legal reasons for a “no fault” lease termination. The two most common are to move an immediate family member into the unit or to rehab the unit where the rehab is such that it is unreasonable for tenant to reside in the unit during rehab. A no fault termination requires landlord to provide one month rent to the tenant. In the absence of meeting a criteria for no fault termination, you cannot legally get rid of the tenant if they are paying the rent and following the lease (which you have no lease so they are automatically in compliance with the lease).
My recommendation is that you interview property managers and hire one immediately. Loosing a tenant suite could cost you much more than the cost of a professional property manager. I suspect the PM may run efficiently enough that your actual cost will be very small and there is a chance that you will actually increase your cash flow. I state this because many/most poorly self-managed properties 1) do not do rent surveys and do not know market rent and therefore are often charging far below market rent, 2) do not have reliable, competent, reasonably priced handymen/contractors and therefore often overpay for maintenance/cap ex items 3) do not know the housing laws and therefore can get sued by tenant, fined by the housing authority, or taken advantage by the tenant.
Do you know AB1482? If you choose to ignore my advise about hiring a competent, professional PM, make sure you know the rent control ordinance.
by the way there is a Property Manager Certification. This certification would be a good first screening criteria.
Good luck
yea i might do that after seeing a landlord attorney first. If my girlfriend just give birth to my baby is that a good reason for moving an immediate family member into the unit since my girlfriend and the baby will be living in the house?I believe AB1482 does not include girlfriend as immediate family but it does include child. Not sure the intent is the child be an infant, but intent or not you can no fault terminate to move your child into the unit. It will cost you one month rent to the tenant. I recommend not forgiving the last month’s rent for this but to pay them once they are out. If you forgive last month’s rent and they do not move out like they are required and you are forced to go through eviction, they have received the one rent but did not do what was required to be entitled to that money.
I still highly recommend you interview and hire a professional PM.
Good luck
- Member since 2021 · 37 posts · 7 votes4y
final question is whats the best why to notify the tenant for their utilities bill amount? and do i have to make a copy of the utilities bill for them too?
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