General non-responsiveness from tenants in adhering to agreement

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General Landlording & Rental Properties
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General non-responsiveness from tenants in adhering to agreement

Katharina Bormann
Everett · Member since 2021 · 7 posts · 7 votes

Hello,

How do you handle non-responsiveness from tenants regarding not-so-critical issues. E.g.,
1. If the tenant does not clean up large trash items in the backyard despite repeated requests. The contract says - RESIDENT shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage hauler.
2. If the tenant is dilly-dallying in paying the repair costs for (not wear-and-tear) damage for more than 1 week. The contract says - RESIDENT agrees to keep the premises and all items in good order and good condition and to immediately pay for costs to repair and/or replace any portion of the above damaged by RESIDENT.

3. If the tenant does not keep the basement clean to an extent that it might be attract mice.

The contract does not have any explicit language stating "Failure to do so will results in penalties or such and such...".
I dislike sending multiple reminders. What is the recommended way of handling this?

Thanks


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Kevin Sobilo
Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
1y

@Katharina Bormann, the responsiveness required likely has to do with how your state laws are with regard to eviction. Perhaps use nonpayment of rent as a general guideline. When a tenant doesn't pay rent, they are violating the lease terms which is what they are doing with most of these other items. In most places that started with a notice to pay rent or get out (pay or quit notice) with a specific time-frame to comply.

So, for items #1 and #3, I would talk to them directly first because I like to treat people like people and communicate directly about anything. However, I would also tell them that the discussion will be followed up by a lease violation warning letter. The letter would state how they need to resolve the issue and the time-frame. In my state you would give a 10 day notice for nonpayment. So, I would probably give 10-14 days for them to resolve the issue as long as that was a reasonable time-frame for them to do so.

For item #2, my lease states that anything they owe me is payable "as rent". Some leases state "payable before rent", but in either case that makes the amount due with the next rent payment. Then if it isn't paid, you have unpaid rent and take action accordingly like you would for any other unpaid rent situation. Again, I would communicate this directly and proactively to them so they were not surprised. If the amount was substantial, I very well might make a payment arrangement with them. 

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  • Kevin Sobilo
    Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    1y

    @Katharina Bormann, the responsiveness required likely has to do with how your state laws are with regard to eviction. Perhaps use nonpayment of rent as a general guideline. When a tenant doesn't pay rent, they are violating the lease terms which is what they are doing with most of these other items. In most places that started with a notice to pay rent or get out (pay or quit notice) with a specific time-frame to comply.

    So, for items #1 and #3, I would talk to them directly first because I like to treat people like people and communicate directly about anything. However, I would also tell them that the discussion will be followed up by a lease violation warning letter. The letter would state how they need to resolve the issue and the time-frame. In my state you would give a 10 day notice for nonpayment. So, I would probably give 10-14 days for them to resolve the issue as long as that was a reasonable time-frame for them to do so.

    For item #2, my lease states that anything they owe me is payable "as rent". Some leases state "payable before rent", but in either case that makes the amount due with the next rent payment. Then if it isn't paid, you have unpaid rent and take action accordingly like you would for any other unpaid rent situation. Again, I would communicate this directly and proactively to them so they were not surprised. If the amount was substantial, I very well might make a payment arrangement with them. 

    2Reply
  • Katharina Bormann
    OP
    Everett · Member since 2021 · 7 posts · 7 votes
    1y

    Thanks @Kevin Sobilo. These are good pointers. I agree with the chronology. I seek these options only after direct communication as well as multiple text messages have not yielded any results. 

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    1y
    Quote from @Katharina Bormann:

    I address the importance of clear communication in my book.

    It's not enough to tell them what is wrong. You need to set a deadline for them to correct the issue, then follow up with an inspection or other method to confirm compliance. Finally, you need a consequence if the fail. Example:

    Dear Tenant,

    Per Paragraph 12 of your lease agreement, you must dispose of all trash. If Acme Disposal does not accept the items, you must transport them to the landfill. I noticed you have a broken recliner and several bags/boxes of trash in the back yard for several weeks. This is unsightly and can attract pests. Please remove these items no later than December 15, 2024. If you do not, I will remove them and charge you for the disposal costs. If you have any questions, call me at XXX-XXXXXXX.

    Landlord

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  • Warren LizoBusiness Member
    Property Manager · Boston, MA · Member since 2017 · 32 posts · 14 votes
    1y

    @Katharina Bormann

    Hi Katharina, you need to put something in writing to the tenant with a reference to the lease clause to officiate the lease violation, as @Nathan Gesner mentioned. Not only does this provide you a reason to non-renew, but if it gets worse you have a paper trail. 

    In MA, tenants generally have 30 days to pay repair costs. Be sure you provide them with copies of the invoices. You lease should state a interest fee for unpaid balances. This is a good incentive for them to pay on time.

    If this is a single family, they are responsible for pest control. If this is a multi, then you are. But, you can charge them back if the pest control report indicates they are the cause. That is a health code violation. Clutter/hoarding are a different issue and create a fire hazard. If you have a multi, I usually recommend not allowing tenants to store items in the basement. The risk is too great.

    Overall, I recommend revising your lease to include less arbitrary language to set clearer expectations and make it more enforceable in court.

    Feel free to reach out directly with any questions. 

    [email protected]
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  • Katharina Bormann
    OP
    Everett · Member since 2021 · 7 posts · 7 votes
    1y

    Thanks @Warren Lizo. Is the information about “In MA, tenants generally have 30 days to pay repair costs...” available somewhere online? 
    Yes, it’s a multi-family and I need to make the language more specific to address consequences. I presume we do this on the “Addendum” section, correct? I used the standard Massachusetts Lease Rental application and it didn’t have any language regarding such. 

    Thanks! 

    0Reply
  • Warren LizoBusiness Member
    Property Manager · Boston, MA · Member since 2017 · 32 posts · 14 votes
    1y

    If you attempt to go to court, the 30 days repayment is most likely what the judge will grant in my experience. Without seeing your lease, if the lease says that 'charges are due as additional rent' the charges may fall into housing delinquency law. If they are billed separately, the charges may fall into Fair Debt Collection Practices Act laws. Someone on BP may have a different suggestion on the later. Ultimately, you want to be fair and firm.

    Nothing says you have to use the GBREB lease or MA Realtor lease. You can craft your own or modify it in the Addendum(s). We use a custom lease that has evolved over more than a decade to protect us and the property owners. If you connect with a good real estate attorney, s/he will certainly have a strong lease for you to use.

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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    1y

    @Katharina Bormann in my experience they don't like those official looking letters in the mail so make sure you do that and also have a cost associated with unresolved issues like trash in your lease. 

    0Reply
  • Tyler MunroePro Member
    Boston, MA · Member since 2017 · 84 posts · 42 votes
    1y

    @Katharina Bormann They don't seem like very respectful tenants. How long is left on their lease? If the cost of the couch removal and other items isn't that significant, maybe just pay out of pocket and don't renew them for another term (or take it out of security deposit if you have one). If you go to court, there's some cost to that and you'd be risking more escalation if they sought counsel as well.

    My approach for problem tenants is just appease them if the cost is minor and then not renew the lease, or even cash-for-keys if necessary. MA is a very tenant-friendly state so I try not avoid the legal route, even if it costs a bit.

    0Reply
  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    1y

    We give the tenant one chance to communicate about things like messy yards or parking on the grass. After that they get a 7-day curable notice with a $45 posting fee. Depending upon the severity of the issue we will follow that up with a 7-day non-curable notice and get them out. We have tenants that we have repeatedly put up 7-day curables but we do not want to lose them as a tenant.

    As for not paying, follow your systems for non-payment just like rent.

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    Bartomeo Property Management4.7150 Reviews
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