I've a tenant who has been paying her rent late each month (along with the late fee). This month, however, she has not paid the rent so far.
Here is the sequence of events that happened.
1. Issue #1 - a rat entered the house and caused damage to the pipes which caused a massive leak - This issue was addressed properly and promptly. The rat was trapped, and the leak has been fixed.
2. Issue #2 - She lodged a maintenance issue asking for the ceiling tiles to be replaced which had water stains from Issue #1. We have not yet addressed this issue since we incurred a lot of expense from issue #1, and don't consider this as urgent.
After several attempts to contact her, she replied back saying that she has "taken" some of the money from the rent to pay and get the ceiling tiles replaced herself. She says she will pay the rent late. There's no indication of when, or how much of it she is going to pay.
We have been very courteous with her and been very reasonable and patient with her so far. What is the best approach to handle this situation?
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
2y
"We have not yet addressed this issue since we incurred a lot of expense from issue #1, and don't consider this as urgent."
Unfortunately as a landlord, you dont get to choose not to make repairs because another repair cost you a lot of money. Your job is to make repairs in a timely and efficient matter, no excuses. Is the tenant in the wrong here? Absolutely. But you as the landlord are also in the wrong here.
I've a tenant who has been paying her rent late each month (along with the late fee). This month, however, she has not paid the rent so far.
Here is the sequence of events that happened.
1. Issue #1 - a rat entered the house and caused damage to the pipes which caused a massive leak - This issue was addressed properly and promptly. The rat was trapped, and the leak has been fixed.
2. Issue #2 - She lodged a maintenance issue asking for the ceiling tiles to be replaced which had water stains from Issue #1. We have not yet addressed this issue since we incurred a lot of expense from issue #1, and don't consider this as urgent.
After several attempts to contact her, she replied back saying that she has "taken" some of the money from the rent to pay and get the ceiling tiles replaced herself. She says she will pay the rent late. There's no indication of when, or how much of it she is going to pay.
We have been very courteous with her and been very reasonable and patient with her so far. What is the best approach to handle this situation?
Thank you in advance !
Tara
Hello Tara,
Navigating tenant-landlord situations, especially regarding rent payment and property maintenance, requires a delicate balance of legal obligations and interpersonal communication. Here are some ideas about how to approach the situation:
Review the Lease Agreement: First and foremost, check your lease agreement. It should have clauses regarding rent payment, late fees, and responsibilities for repairs and maintenance. This will guide your actions and ensure you're acting within the contract's bounds.
Understand Tenant Rights: Familiarize yourself with local tenant laws. Tenants often have the right to withhold rent under certain conditions, such as unresolved significant maintenance issues (doesn't sound like this is the case). This varies by location, so it's important to know the specific laws in your area.
Document Everything: Keep detailed records of all communication with the tenant, the issues reported, the repairs made, and any expenses incurred. This documentation is crucial in case of any legal disputes.
Open Communication: Reach out to the tenant for a calm and constructive conversation. Acknowledge her concerns and explain your situation regarding the expenses from the first repair. It's important to listen to her side as well and try to reach a mutual understanding.
Negotiate a Solution: See if you can negotiate a solution that works for both parties. This could include a timeline for the ceiling repairs and a payment plan for the rent owed.
Legal Consultation: If you cannot reach an amicable solution, consider consulting with a property lawyer or a local landlord association for advice on the next steps, which might include official notices or mediation.
Act Proactively in the Future: To prevent similar situations, consider setting up a maintenance reserve for unexpected repairs and clearly communicate maintenance priorities and timelines to tenants.
Remember, maintaining a positive relationship with your tenant can often be more beneficial in the long run than strict enforcement of rules. A fair and empathetic approach will likely yield the best outcome for both parties.
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
2y
"We have not yet addressed this issue since we incurred a lot of expense from issue #1, and don't consider this as urgent."
Unfortunately as a landlord, you dont get to choose not to make repairs because another repair cost you a lot of money. Your job is to make repairs in a timely and efficient matter, no excuses. Is the tenant in the wrong here? Absolutely. But you as the landlord are also in the wrong here.
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
2y
@TaRa Mehta most leases specify that tenant made repairs will not be paid for. I hope you did not tell her that the reason was the cost that you would not do the ceiling tile repair now (ceiling tiles can be painted).
I would send her the notice of pay or quit as per your local law as she has not paid rent. I would tell her that this is not a deduct and repair situation (as your local law may allow -check it) You took care of the urgent issue and will address the cosmetic issue and let her know when.
You should also include location so local landlords can chime in.
Thank you Russell, Colleen and KC ! Very helpful responses ! We do have a maintenance budget and we do intend to fix the cosmetic issue that she's complaining about. She has reported several issues time and again and all of them have been fixed - except this cosmetic one - which she only reported on December 1st. However, she consistently pays rent late and this time, it's the 20th, and she still hasn't paid. There's no timeline of when she will pay (we would definitely work with her if she would say something along those lines). Anyways, I appreciate all of your responses. Thank you so much !
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
2y
PLEASE hire a Property manager. They would probably be collecting enough in late fees to pay all their fees. OR, the late payments would magically go away when they started getting fees deducted from their rent. As a bonus you’ll have a proper lease and a standard operating procedure.
This is all assuming you are collecting market rent and the PM didn’t start collecting even more rent. If you only lose thsi repair money there’s a good chance you got off lightly.
I've a tenant who has been paying her rent late each month (along with the late fee). This month, however, she has not paid the rent so far.
Here is the sequence of events that happened.
1. Issue #1 - a rat entered the house and caused damage to the pipes which caused a massive leak - This issue was addressed properly and promptly. The rat was trapped, and the leak has been fixed.
2. Issue #2 - She lodged a maintenance issue asking for the ceiling tiles to be replaced which had water stains from Issue #1. We have not yet addressed this issue since we incurred a lot of expense from issue #1, and don't consider this as urgent.
After several attempts to contact her, she replied back saying that she has "taken" some of the money from the rent to pay and get the ceiling tiles replaced herself. She says she will pay the rent late. There's no indication of when, or how much of it she is going to pay.
We have been very courteous with her and been very reasonable and patient with her so far. What is the best approach to handle this situation?
Thank you in advance !
Tara
This has to be Cleveland lol, tenants there think they can pay when they want. Give a 3 day notice,
I've a tenant who has been paying her rent late each month (along with the late fee). This month, however, she has not paid the rent so far.
Here is the sequence of events that happened.
1. Issue #1 - a rat entered the house and caused damage to the pipes which caused a massive leak - This issue was addressed properly and promptly. The rat was trapped, and the leak has been fixed.
2. Issue #2 - She lodged a maintenance issue asking for the ceiling tiles to be replaced which had water stains from Issue #1. We have not yet addressed this issue since we incurred a lot of expense from issue #1, and don't consider this as urgent.
After several attempts to contact her, she replied back saying that she has "taken" some of the money from the rent to pay and get the ceiling tiles replaced herself. She says she will pay the rent late. There's no indication of when, or how much of it she is going to pay.
We have been very courteous with her and been very reasonable and patient with her so far. What is the best approach to handle this situation?
Unless the tiles were having mold issues, there is no reason for her to withhold rent. Tell her you want the rent paid on time and a copy of the receipts for the tiles. Remind her that she is not to do any repairs on her own and she needs to follow the lease. I'd also find out how much notice you have to give her for non-renewal as she's continually late on rent and give her notice that you won't be renewing the lease.
As soon as she's late on her rent, you need to serve her notice to pay and if she doesn't, start with eviction. Once people get behind, it is really hard for them to catch up.
I've a tenant who has been paying her rent late each month (along with the late fee). This month, however, she has not paid the rent so far.
Here is the sequence of events that happened.
1. Issue #1 - a rat entered the house and caused damage to the pipes which caused a massive leak - This issue was addressed properly and promptly. The rat was trapped, and the leak has been fixed.
2. Issue #2 - She lodged a maintenance issue asking for the ceiling tiles to be replaced which had water stains from Issue #1. We have not yet addressed this issue since we incurred a lot of expense from issue #1, and don't consider this as urgent.
After several attempts to contact her, she replied back saying that she has "taken" some of the money from the rent to pay and get the ceiling tiles replaced herself. She says she will pay the rent late. There's no indication of when, or how much of it she is going to pay.
We have been very courteous with her and been very reasonable and patient with her so far. What is the best approach to handle this situation?
Thank you in advance !
Tara
Seriously, if you don't post the 3 day notice and start the eviction process, you're literally training her to walk all over you. ETMFA
I've a tenant who has been paying her rent late each month (along with the late fee). This month, however, she has not paid the rent so far.
Here is the sequence of events that happened.
1. Issue #1 - a rat entered the house and caused damage to the pipes which caused a massive leak - This issue was addressed properly and promptly. The rat was trapped, and the leak has been fixed.
2. Issue #2 - She lodged a maintenance issue asking for the ceiling tiles to be replaced which had water stains from Issue #1. We have not yet addressed this issue since we incurred a lot of expense from issue #1, and don't consider this as urgent.
After several attempts to contact her, she replied back saying that she has "taken" some of the money from the rent to pay and get the ceiling tiles replaced herself. She says she will pay the rent late. There's no indication of when, or how much of it she is going to pay.
We have been very courteous with her and been very reasonable and patient with her so far. What is the best approach to handle this situation?
Thank you in advance !
Tara
Seriously, if you don't post the 3 day notice and start the eviction process, you're literally training her to walk all over you. ETMFA
Property Manager · Birmingham, AL · Member since 2019 · 10 posts · 6 votes
2y
@TaRa Mehta KC had some really good suggestions. If you do not already know your local and state level laws research and learn those. Print them out and keep them on hand particularly if you are managing multiple investment properties. Most state level Landlord/Tenant Acts prohibit tenants from withholding rent for unresolved maintenance items.They also spell out the Landlord's responsibilites surrounding the curing of maintenance issues. Communication and documentation are always key in all things property management.
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
2y
You did not finish the repair because you didn't have enough money to have a ceiling tiles replaced.
A rat was in there. A rat. Rats carry diseases like the plague and dysentery. They're also very mean and bite- rabies.
I don't agree that renters should take it on themselves to repair things. But when it's a hole that rats used to be in that needs to be covered up so the person could sleep at night without worrying about having rats bite them in the face or on the hands. I could understand the renter buying the ceiling tiles and putting them up to cover the hole where the rat used to be.
If it were mine, I would accept the rent minus the ceiling tile repair price. But I would expect the rent to be on time.
If it was not on time I would move in the direction of starting towards eviction- whatever that is in your area. 3 day notice 5 day notice, etc.
I would also be on the phone with the renter Asking for pics of the repair and the receipts.
Hopefully the rat issue does not return And you can continue to collect the rent- on time- or with a late fee.
If the repair is unacceptable to you workmanship wise I think you should have it fixed to your standards and you pay for it. Basically pay for the renters repair and whomever you decide is a better repair person.
This does not appear to be rats inside the unit due to renter filth and garbage all over the place. It appears to be rats getting into the wall to chew through the plumbing to get a drink. Like any other animal they get thirsty.
If the unit is a filthy unit due to the renters neglect at cleaning and is drawing rats. That's a separate issue to be addressed with the renter.
I've a tenant who has been paying her rent late each month (along with the late fee). This month, however, she has not paid the rent so far.
Here is the sequence of events that happened.
1. Issue #1 - a rat entered the house and caused damage to the pipes which caused a massive leak - This issue was addressed properly and promptly. The rat was trapped, and the leak has been fixed.
2. Issue #2 - She lodged a maintenance issue asking for the ceiling tiles to be replaced which had water stains from Issue #1. We have not yet addressed this issue since we incurred a lot of expense from issue #1, and don't consider this as urgent.
After several attempts to contact her, she replied back saying that she has "taken" some of the money from the rent to pay and get the ceiling tiles replaced herself. She says she will pay the rent late. There's no indication of when, or how much of it she is going to pay.
We have been very courteous with her and been very reasonable and patient with her so far. What is the best approach to handle this situation?
Thank you in advance !
Tara
I'm sorry you are dealing with this- self managment isn't as easy as people like to claim. Most of the posts on these boards are self managers who have put themselves in huge financial and legal trouble because they want to save a couple dollars each month.
Assuming what you've posted here is accurate, your tenant either doesn't understand what their rights are OR they know that YOU don't know what YOUR rights are and they are going to take you for a ride.
Regardless, the simple answer is you have to enforce your lease and most self managers don't want to do that.
Hire a process server today to post a 3 day notice to pay or quit. I am not aware of a single scenario in the US that allows tenants to withhold rent if the landlord is following the lease and addressing maintenance requests in a reasonable manner. If you believe you have done this, you have nothing to worry about.
That being said, you need to replace those ceiling tiles once this gets sorted out. If you don't have the money to do that, then you have some work to do- you need basic reserves if you want to be in this business and that is an inexpensive repair.
I would highly reccomend you find yourself a qualified property manager. If you are trying to save money by doing it yourself, but not being paid rent at all due to inexperience or unprofessional practices, you aren't actually saving any money. Plus, you need to value your peace of mind and this stress is very costly.
You can do it, just put your tough landlord hat on and push forward.
