Tenants not allowing access due to immuno compromised

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Tenants not allowing access due to immuno compromised

Tracy R.Pro Member
Investor · Marietta, GA · Member since 2016 · 65 posts · 23 votes

Hi, has anyone dealt with tenants who claim they are immuno compromised?  Is this a "protected class"  (rental is in Virginia)

This tenant has had a minor electrical repair issue over the past year, but when I send someone there (at her request), and they wear an N95 mask (at her request, and I make sure they have one), she either won't let them in, or she balks at letting them in.  

I've also needed to go inside a couple times over the past 2 years (minor HVAC issue), and she's done the same with me too.  The one time I was in there, I noticed the 2 rooms I went through were extremely messy also. 

Her lease is up soon, and I just sent her a new one, with a new clause about LL doing approx quarterly inspections, with min of 72 hrs notice.  

And that's when she said she is immuno compromised, and quarterly is too often, and if anyone comes in they have to wear an N 95 mask, sanitize their hands and wear gloves, wear booties, and if they've been in contact w Covid in the past 14 days, they cannot come in


So now I worry, if a bigger issue happened (leaking pipe, etc), would she even tell me, since she obviously doesn't want me or anyone else inside? And is she hiding something else too?

Would love to hear any thoughts/feedback - should I just send her a non-renewal letter at this point, since she has refused to sign the lease w the new clause?  Or did I shoot myself in the foot by giving her a chance first by sending a new lease?

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Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,

...and you are renewing her why?
12Reply
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  • Karl B.
    Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
    3y

    I would refer to the lease. I'm assuming it states you can enter with 24 hour notice; I would also let her know any unreported damage is going to be on her. Finally, if you haven't already done so, I would require all your tenants to have renter's insurance.  

    1Reply
  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Aloha,

    ...and you are renewing her why?
    12Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    3y

    Medical issues are generally protected. You must make reasonable accommodations. The wearing of a mask and gloves could easily fall under this. It's not exactly a crazy request. She cannot bar you or your workers from the property.

    Are you inserting quarterly inspections into all your leases? If so, you're on more stable ground. If only into her lease, you're on shaky ground. 

    Do not worry about hypotheticals (leaking pipe) because of her condition. That's like worrying about scuffed walls due to a person being in a wheelchair. Adverse action because of a medical condition will get you in deep s**t.

    I'm guessing that she is not homebound and she leaves the house. I would suggest she leave the house while workers and you are there. On your way out, you can spray antibacterial or disinfectant spray everywhere you touched. If that is not good enough for her, then she should be living in a bubble. 

    2Reply
  • Tracy R.Pro Member
    OP
    Investor · Marietta, GA · Member since 2016 · 65 posts · 23 votes
    3y
    Quote from @Karl B.:

    I would refer to the lease. I'm assuming it states you can enter with 24 hour notice; I would also let her know any unreported damage is going to be on her. Finally, if you haven't already done so, I would require all your tenants to have renter's insurance.  


     Thanks, yes, I have that 24 hr notice in the lease, and also require renter's insurance.  good points, i just didn't mention earlier!

    0Reply
  • Tracy R.Pro Member
    OP
    Investor · Marietta, GA · Member since 2016 · 65 posts · 23 votes
    3y
    Quote from @Greg M.:

    Medical issues are generally protected. You must make reasonable accommodations. The wearing of a mask and gloves could easily fall under this. It's not exactly a crazy request. She cannot bar you or your workers from the property.

    Are you inserting quarterly inspections into all your leases? If so, you're on more stable ground. If only into her lease, you're on shaky ground. 

    Do not worry about hypotheticals (leaking pipe) because of her condition. That's like worrying about scuffed walls due to a person being in a wheelchair. Adverse action because of a medical condition will get you in deep s**t.

    I'm guessing that she is not homebound and she leaves the house. I would suggest she leave the house while workers and you are there. On your way out, you can spray antibacterial or disinfectant spray everywhere you touched. If that is not good enough for her, then she should be living in a bubble. 


     thank you.  yes, I only have 1 other rental in this state, but it also has a quarterly inspection clause.  And yes, she can walk, she drives, she is only about 36 years old.

    0Reply
  • Tracy R.Pro Member
    OP
    Investor · Marietta, GA · Member since 2016 · 65 posts · 23 votes
    3y
    Quote from @Richard F.:
    Aloha,

    ...and you are renewing her why?

     I do get top dollar rent for the area, and she's been there 3 years, and pays thru an auto deduct platform, so it's been good in that sense.  The difficulty in dealing w her has gotten to be too much, though.  

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    I may not have renewed her lease.  If she is immunocompromised, her requests are fair, but she needs to let them in which she's not doing.

    If she's going out, then she's also being exposed to others.  Her age is not relevant, only her condition (ie immunocompromised) and her request for people to mask, wear booties, and sanitize their hands.

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Tracy R.:

    First, COVID is dramatically exaggerated. Nobody played this game when tens of thousands died from the flue every year.

    Second, you have a right to enter. If she has health concerns, she can leave the home during your visit, then sanitize her way back in after you are gone.

    The more likely story is that she just doesn't want you in. I recommend you terminate her lease and get rid of her because this won't get any easier/better.

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    7Reply
  • Tracy R.Pro Member
    OP
    Investor · Marietta, GA · Member since 2016 · 65 posts · 23 votes
    3y
    Quote from @Theresa Harris:

    I may not have renewed her lease.  If she is immunocompromised, her requests are fair, but she needs to let them in which she's not doing.

    If she's going out, then she's also being exposed to others.  Her age is not relevant, only her condition (ie immunocompromised) and her request for people to mask, wear booties, and sanitize their hands.


     Thank you.  I was just mentioning the age since Greg M had asked if she was homebound (which an older person would be more likely to be, but I understand, not always the case).  Anyway, that's the only reason I mentioned her age.  I'm sure she goes out into the world to get things like food, gas, etc

    0Reply
  • Tracy R.Pro Member
    OP
    Investor · Marietta, GA · Member since 2016 · 65 posts · 23 votes
    3y
    Quote from @Nathan Gesner:
    Quote from @Tracy R.:

    First, COVID is dramatically exaggerated. Nobody played this game when tens of thousands died from the flue every year.

    Second, you have a right to enter. If she has health concerns, she can leave the home during your visit, then sanitize her way back in after you are gone.

    The more likely story is that she just doesn't want you in. I recommend you terminate her lease and get rid of her because this won't get any easier/better.

     Thank you @Nathan Gesner.  Yes, I believe this is all stemming from her not wanting me in there.  Why, I don't know, since I've been nothing but professional and polite to her in every interaction.

    So in your opinion, if I've already sent her a lease and she has rejected it, making even more demands, can I still just send her a non-renewal letter now?  Or does the fact that I sent her a lease already (even though she rejected it) mean I can't now send a non-renewal letter?  

    Side note:  I'm going to see a local attorney tomorrow also.

    thanks again!

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y
    Quote from @Tracy R.:
    Quote from @Theresa Harris:

    I may not have renewed her lease.  If she is immunocompromised, her requests are fair, but she needs to let them in which she's not doing.

    If she's going out, then she's also being exposed to others.  Her age is not relevant, only her condition (ie immunocompromised) and her request for people to mask, wear booties, and sanitize their hands.


     Thank you.  I was just mentioning the age since Greg M had asked if she was homebound (which an older person would be more likely to be, but I understand, not always the case).  Anyway, that's the only reason I mentioned her age.  I'm sure she goes out into the world to get things like food, gas, etc

    You should meet my mom and some of her friends who are in their 80s :)  They are rarely at home.
    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    3y

    @Tracy R.  You have made reasonable accommodations. I suspect that there is something in that unit she does not want you to see.  I would put your state required notice in. 72 hours may be too long for some things.  If she doesn't agree than call her on it and say she is free to find a unit more to her liking.  You will disinfect, wear masks but when you are coming you are coming and if that doesn't work she needs to find another place. 

    You could do a non-renewal but you have to make sure it is adequate notice. Your attorney can confirm.  The attorney might suggest a letter that words this correctly.  This assumes you are in a state where you  can non-renew at will and don't have to have cause for non-renewal. 

    0Reply
  • Bill B.
    Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    3y

    When you renew, you need to do it at market rent plus “hassle/fear factor”. Someone who has something to hide, is a pain in the butt, or has a real or imagined fear of new places/people isn’t moving over an extra $100 or $200/mo. If market rent is $3,100 charge $3,300 and let her be. You’ll have an extra $2,400 worth of security to ease your fears and feel like you’re being paid extra to do extra work. 

    1Reply
  • Account Closed
    Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes
    3y

    @Tracy R. Do not renew the lease and let her move on to someplace else.

    1Reply
  • Pete Harper
    Rental Property Investor · Streetman, TX · Member since 2018 · 528 posts · 495 votes
    3y

    We had a similar issue where a tenant would call for a maintenance issue then not let people into the apartment.  The boyfriend would make the request but his girlfriend would not allow anyone to enter the unit.  Finally I called him and said I was leaving for the day since I couldn't get access.  I guess he called her and she came out and sat in the car while I unstopped the sink.  That might be an option in this case.  Ask her to leave while you are there.  

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Tracy R.:

    Until the contract is signed, you are under no obligation. Give her a notice of non-renewal and save the attorney fees.

    The DIY Landlord Book4.7247 Reviews
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    3Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y

    All good advice above. My 2 cents is - find a way to get rid of her now, you have a golden opportunity. Just because she is on an auto-pay system means nothing. Most renters pay on time anyway. 

    She is being unreasonable to you as a Landlord and I would wonder what exactly she is hiding....? Or is she just a nut-job? Either way, you can do better....let her go make another Landlord's life complicated, you don't need it, life is complicated enough....she is costing you time and mental energy, both of which are far more precious than money.

    3Reply
  • Tracy R.Pro Member
    OP
    Investor · Marietta, GA · Member since 2016 · 65 posts · 23 votes
    3y
    Quote from @Theresa Harris:
    Quote from @Tracy R.:
    Quote from @Theresa Harris:

    I may not have renewed her lease.  If she is immunocompromised, her requests are fair, but she needs to let them in which she's not doing.

    If she's going out, then she's also being exposed to others.  Her age is not relevant, only her condition (ie immunocompromised) and her request for people to mask, wear booties, and sanitize their hands.


     Thank you.  I was just mentioning the age since Greg M had asked if she was homebound (which an older person would be more likely to be, but I understand, not always the case).  Anyway, that's the only reason I mentioned her age.  I'm sure she goes out into the world to get things like food, gas, etc

    You should meet my mom and some of her friends who are in their 80s :)  They are rarely at home.
    Yep I’ve got some friends like that too! 😊
    0Reply
  • Tracy R.Pro Member
    OP
    Investor · Marietta, GA · Member since 2016 · 65 posts · 23 votes
    3y
    Quote from @Nathan Gesner:
    Quote from @Tracy R.:

    Until the contract is signed, you are under no obligation. Give her a notice of non-renewal and save the attorney fees.


    0Reply
  • Tracy R.Pro Member
    OP
    Investor · Marietta, GA · Member since 2016 · 65 posts · 23 votes
    3y
    Quote from @Tracy R.:

    Hi, has anyone dealt with tenants who claim they are immuno compromised?  Is this a "protected class"  (rental is in Virginia)

    This tenant has had a minor electrical repair issue over the past year, but when I send someone there (at her request), and they wear an N95 mask (at her request, and I make sure they have one), she either won't let them in, or she balks at letting them in.  

    I've also needed to go inside a couple times over the past 2 years (minor HVAC issue), and she's done the same with me too.  The one time I was in there, I noticed the 2 rooms I went through were extremely messy also. 

    Her lease is up soon, and I just sent her a new one, with a new clause about LL doing approx quarterly inspections, with min of 72 hrs notice.  

    And that's when she said she is immuno compromised, and quarterly is too often, and if anyone comes in they have to wear an N 95 mask, sanitize their hands and wear gloves, wear booties, and if they've been in contact w Covid in the past 14 days, they cannot come in


    So now I worry, if a bigger issue happened (leaking pipe, etc), would she even tell me, since she obviously doesn't want me or anyone else inside? And is she hiding something else too?

    Would love to hear any thoughts/feedback - should I just send her a non-renewal letter at this point, since she has refused to sign the lease w the new clause?  Or did I shoot myself in the foot by giving her a chance first by sending a new lease?

    Edit:  I posted a non renewal let’s see if she actually leaves or I have to evict.  Thanks for all the advice. 
    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Tracy R.:

    Be proactive. Start learning what the eviction involves and building a plan. If she leaves, you've saved yourself some work. If she refuses, you are one step ahead.
    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    1Reply
  • Tracy R.Pro Member
    OP
    Investor · Marietta, GA · Member since 2016 · 65 posts · 23 votes
    3y
    Quote from @Nathan Gesner:
    Quote from @Tracy R.:

    Be proactive. Start learning what the eviction involves and building a plan. If she leaves, you've saved yourself some work. If she refuses, you are one step ahead.

     Thanks @Nathan Gesner, took your advice, met w a local lawyer experienced in this, and he served the notice of non-renewal.  Has affadavit to prove it now if she doesn't leave, and I know what time and extra money it will take to evict.  But, maybe she will just leave.  Either way, she will be gone, sooner or later.  

    2Reply
  • Eric Gerakos
    Investor · Costa Mesa, CA · Member since 2016 · 1k+ posts · 1k+ votes
    3y

    I would drop her like a bad habit.

    1Reply
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