Tenants threatening at move-in

Member since 2020 · 87 posts · 22 votes

Esteemed colleagues,

I’m facing a tough situation and would appreciate your perspective.

On August 9th, three students (with their parents as guarantors) placed a deposit on my 3-bedroom Victorian near a college campus. As is common here, the prime leasing season is July through mid-August, and once school starts, demand drops off sharply. Accordingly, I removed the unit from the market after their deposit.

Their lease start date was today, August 16, 2025. However, when they arrived with their parents for move-in, they “freaked out.” This is an older Victorian (not a modern apartment), but it is clean, habitable, and up to code. The students had toured it in person before applying. We take pride in maintaining our properties, though of course, they aren’t new construction.

The tenants are now refusing to pay first month’s rent and sent the following notice citing habitability issues under California law (Civil Code §1941.1 and implied warranty of habitability). Their claims include:

Mold and old food around stove
Mold on walls
Blood stains, dead insects, dust throughout
Dirty stove/microwave, bathroom unsanitary
Windows unclean with missing/damaged screens
General filth, unswept floors
Showerhead replacement needed

They are demanding deep cleaning, mold remediation, replacement of window screens, painting, etc. and state they will withhold rent until this is completed. They’ve also threatened complaints to the local housing authority/code enforcement.

From my perspective:

The unit was cleaned and is habitable.
It’s not new, but it was shown in person before application, and the condition hasn’t materially changed since.
We pride ourselves on keeping units up to code and in good repair.

My concerns:

I held the property for them during peak leasing season and may now be stuck with a vacancy.
They’re making demands that feel like buyer’s remorse rather than legitimate habitability issues.
They are refusing to pay move-in rent, even though they signed a lease and provided a deposit.

Questions for the community:

How would you handle this?
Is this a case where I should meet their demands hoping this will not continue , or is it better to cut losses and move on?
Has anyone dealt with similar “last-minute” habitability disputes where tenants change their minds after committing?

Any input on best practices or legal/strategic next steps would be greatly appreciated.

2 Reply

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Isadore Swartz

Member since 2025 · 45 posts · 47 votes

OMG RUN!!! Forget your lost opportunity cost. You do not want any of these 3. They will be tenants from hell. Hopefully you have not turned over possession. Hopefully you documented the condition of the property as now required/(video walk through best).

They say it is not habitable, agree with them and cancel the lease as you need 6 months to complete all the demanded repairs and kick them out. Hopefully your lease has a clause for this.

I would suggest you have an attorney sue the parents for the unpaid rent. If they sue you, show the move in conditions, and document what they claim are the problems. The mold is the only issue I see that is applicable to uninhabitable, and I bet it is easily remediated with some Clorox and concrobium.

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Isadore Swartz
Member since 2025 · 45 posts · 47 votes
1y
OMG RUN!!! Forget your lost opportunity cost. You do not want any of these 3. They will be tenants from hell. Hopefully you have not turned over possession. Hopefully you documented the condition of the property as now required/(video walk through best).
They say it is not habitable, agree with them and cancel the lease as you need 6 months to complete all the demanded repairs and kick them out. Hopefully your lease has a clause for this.
I would suggest you have an attorney sue the parents for the unpaid rent. If they sue you, show the move in conditions, and document what they claim are the problems. The mold is the only issue I see that is applicable to uninhabitable, and I bet it is easily remediated with some Clorox and concrobium.
13 Reply
- Carlos Lez
  OP
  Member since 2020 · 87 posts · 22 votes
  1y
  Quote from @Isadore Swartz:
  
  OMG RUN!!! Forget your lost opportunity cost. You do not want any of these 3. They will be tenants from hell. Hopefully you have not turned over possession. Hopefully you documented the condition of the property as now required/(video walk through best).
  They say it is not habitable, agree with them and cancel the lease as you need 6 months to complete all the demanded repairs and kick them out. Hopefully your lease has a clause for this.
  I would suggest you have an attorney sue the parents for the unpaid rent. If they sue you, show the move in conditions, and document what they claim are the problems. The mold is the only issue I see that is applicable to uninhabitable, and I bet it is easily remediated with some Clorox and concrobium.
  
  They do have the keys since last evening when they were supposed to move in. I have been running this place for 15 years and no problems. But obviously one cannot reason when law only favors tenants.
  2 Reply
Jeremy Horton
Rental Property Investor · Somewhere over the Rainbow · Member since 2021 · 1k+ posts · 1k+ votes
1y
The easiest thing to do will be to release them from the lease and move on
Is it fair, no. But that will likely be the easiest cheapest route to go
If you want, just keep part of the deposit for an application fee of some sort. Maybe add some verbiage in your lease agreement about a lease cancellation fee (if that's allowed in California).
I had a similar thing happen once - we just returned the deposit and moved on. Didn't figure anything else was worth the cost/time/stress
8 Reply
- Carlos Lez
  OP
  Member since 2020 · 87 posts · 22 votes
  1y
  Quote from @Jeremy Horton:
  
  The easiest thing to do will be to release them from the lease and move on
  Is it fair, no. But that will likely be the easiest cheapest route to go
  If you want, just keep part of the deposit for an application fee of some sort. Maybe add some verbiage in your lease agreement about a lease cancellation fee (if that's allowed in California).
  I had a similar thing happen once - we just returned the deposit and moved on. Didn't figure anything else was worth the cost/time/stress
  I am willing to return the deposit provided they agree to it. Any ideas on how to initiate/steer that conversation? I don't want them to get any idea that I am intimidated, I just want to square this up.
  1 Reply
- Jeremy Horton
  Rental Property Investor · Somewhere over the Rainbow · Member since 2021 · 1k+ posts · 1k+ votes
  1y
  Quote from @Carlos Lez:
  
  Quote from @Jeremy Horton:
  
  The easiest thing to do will be to release them from the lease and move on
  Is it fair, no. But that will likely be the easiest cheapest route to go
  If you want, just keep part of the deposit for an application fee of some sort. Maybe add some verbiage in your lease agreement about a lease cancellation fee (if that's allowed in California).
  I had a similar thing happen once - we just returned the deposit and moved on. Didn't figure anything else was worth the cost/time/stress
  I am willing to return the deposit provided they agree to it. Any ideas on how to initiate/steer that conversation? I don't want them to get any idea that I am intimidated, I just want to square this up.
  
  Provide them a lease cancellation form to sign - this way the lease is simply cancelled. Did they move-in the house?
  If they won't sign, then I guess you would have to start the eviction process due to non-payment.
  I don't believe they can withhold rent regardless of unit conditions.
  We rent our units "as-is" that means when you sign the lease you are renting the unit as it sits. Repainting? Lol. Negative. If there is mold that is not caused by the tenant, we'll clean it. If the tenant causes the mold then it's on them.
  4 Reply
- Carlos Lez
  OP
  Member since 2020 · 87 posts · 22 votes
  1y
  Quote from @Jeremy Horton:
  
  Quote from @Carlos Lez:
  
  Quote from @Jeremy Horton:
  
  The easiest thing to do will be to release them from the lease and move on
  Is it fair, no. But that will likely be the easiest cheapest route to go
  If you want, just keep part of the deposit for an application fee of some sort. Maybe add some verbiage in your lease agreement about a lease cancellation fee (if that's allowed in California).
  I had a similar thing happen once - we just returned the deposit and moved on. Didn't figure anything else was worth the cost/time/stress
  I am willing to return the deposit provided they agree to it. Any ideas on how to initiate/steer that conversation? I don't want them to get any idea that I am intimidated, I just want to square this up.
  
  Provide them a lease cancellation form to sign - this way the lease is simply cancelled. Did they move-in the house?
  If they won't sign, then I guess you would have to start the eviction process due to non-payment.
  I don't believe they can withhold rent regardless of unit conditions.
  We rent our units "as-is" that means when you sign the lease you are renting the unit as it sits. Repainting? Lol. Negative. If there is mold that is not caused by the tenant, we'll clean it. If the tenant causes the mold then it's on them.
  Hey Jeremy, Id be grateful if you can share your lease cancellation form. You can send it privately if you choose. Thank you
  2 Reply
Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
1y
What do YOU want to do? Are you still interested in having them as tenants or do you just want to minimize your losses and move on?

Assuming their complaints are not accurate, I'd let them know that that the unit is habitable and in the same condition as when originally viewed. They can take the unit as is or break the lease and be liable for all lost rent until you can re-rent the unit.

Let them know:

Rent is due on 8/16 and a late fee will be added on 8/21. Rent is owed regardless of whether they choose to move in or leave the unit empty. They are not legally allowed to withhold the entire rent. The most they can withhold is based on the severity of the issue in relation to the entire unit. Sounds like the only issue they may have to withhold any is the mold.

Eviction proceedings will be started the first day allowed by law. It will be filed against all 3 students and will greatly prevent their ability to find another landlord willing to rent to them.

Lost rent (up to when you are able to re-rent the unit), late fees, and legal costs will be billed to the 3 students and their parent guarantors. If left unpaid, all will be listed in the lawsuit. If judgement unpaid, all including parent guarantors will be sent to collections and have their credit destroyed.
9 Reply
- Carlos Lez
  OP
  Member since 2020 · 87 posts · 22 votes
  1y
  Quote from @Greg M.:
  
  What do YOU want to do? Are you still interested in having them as tenants or do you just want to minimize your losses and move on?
  
  Assuming their complaints are not accurate, I'd let them know that that the unit is habitable and in the same condition as when originally viewed. They can take the unit as is or break the lease and be liable for all lost rent until you can re-rent the unit.
  
  Let them know:
  
  Rent is due on 8/16 and a late fee will be added on 8/21. Rent is owed regardless of whether they choose to move in or leave the unit empty. They are not legally allowed to withhold the entire rent. The most they can withhold is based on the severity of the issue in relation to the entire unit. Sounds like the only issue they may have to withhold any is the mold.
  
  Eviction proceedings will be started the first day allowed by law. It will be filed against all 3 students and will greatly prevent their ability to find another landlord willing to rent to them.
  
  Lost rent (up to when you are able to re-rent the unit), late fees, and legal costs will be billed to the 3 students and their parent guarantors. If left unpaid, all will be listed in the lawsuit. If judgement unpaid, all including parent guarantors will be sent to collections and have their credit destroyed.
  The unit is in a far better condition than when it was seen. The parents never bothered to come see it and whatever they imagined the place to be etc. the place is fully compliant and habitable. An old Victorian cannot be compared to a 2022 built apartment. There used to be no mold, it is alleged that there is.
  
  I surely want them out at the speed of light.
  1 Reply
- Greg M.
  Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
  1y
  Quote from @Carlos Lez:
  The unit is in a far better condition than when it was seen. The parents never bothered to come see it and whatever they imagined the place to be etc. the place is fully compliant and habitable. An old Victorian cannot be compared to a 2022 built apartment. There used to be no mold, it is alleged that there is.
  
  I surely want them out at the speed of light.
  
  Since there is a lease signed, you need to get them to cancel it. Tell them the unit is perfectly habitable and you won't be making any changes to it and they can have 24 hours to sign cancellation paperwork if they choose. After that, the lease will be legally enforced. You will have to give back their security deposit.
  
  Personally, since they looked at the unit before signing and you confirmed it does not have the issues you mentioned, I'd document the unit condition with provable date stamps and give them 24 hours to cancel the lease without further penalty, but inform them that you will be keeping the security deposit since you had to take the unit off the market and lost rent and listing expenses. See what they say.
  4 Reply
- Carlos Lez
  OP
  Member since 2020 · 87 posts · 22 votes
  1y
  Quote from @Greg M.:
  
  Quote from @Carlos Lez:
  The unit is in a far better condition than when it was seen. The parents never bothered to come see it and whatever they imagined the place to be etc. the place is fully compliant and habitable. An old Victorian cannot be compared to a 2022 built apartment. There used to be no mold, it is alleged that there is.
  
  I surely want them out at the speed of light.
  
  Since there is a lease signed, you need to get them to cancel it. Tell them the unit is perfectly habitable and you won't be making any changes to it and they can have 24 hours to sign cancellation paperwork if they choose. After that, the lease will be legally enforced. You will have to give back their security deposit.
  
  Personally, since they looked at the unit before signing and you confirmed it does not have the issues you mentioned, I'd document the unit condition with provable date stamps and give them 24 hours to cancel the lease without further penalty, but inform them that you will be keeping the security deposit since you had to take the unit off the market and lost rent and listing expenses. See what they say.
  I have somehow persuaded them to cancel out of the lease but they say they have already lodged a code complaint. There is no issue so I am not worried but this will delay re renting and the whole beaurocracy of it. Can they withdraw the complaint saying the issues they cited have been corrected or something to that effect? Today is Sunday so it must be an online submission. Dies anyone know if they call or log the additional change that they are withdrawing the complaint it will not get logged?
  0 Reply
- Isadore Swartz
  Member since 2025 · 45 posts · 47 votes
  11mo
  Quote from @Carlos Lez:
  
  Quote from @Greg M.:
  
  Quote from @Carlos Lez:
  The unit is in a far better condition than when it was seen. The parents never bothered to come see it and whatever they imagined the place to be etc. the place is fully compliant and habitable. An old Victorian cannot be compared to a 2022 built apartment. There used to be no mold, it is alleged that there is.
  
  I surely want them out at the speed of light.
  
  Since there is a lease signed, you need to get them to cancel it. Tell them the unit is perfectly habitable and you won't be making any changes to it and they can have 24 hours to sign cancellation paperwork if they choose. After that, the lease will be legally enforced. You will have to give back their security deposit.
  
  Personally, since they looked at the unit before signing and you confirmed it does not have the issues you mentioned, I'd document the unit condition with provable date stamps and give them 24 hours to cancel the lease without further penalty, but inform them that you will be keeping the security deposit since you had to take the unit off the market and lost rent and listing expenses. See what they say.
  I have somehow persuaded them to cancel out of the lease but they say they have already lodged a code complaint. There is no issue so I am not worried but this will delay re renting and the whole beaurocracy of it. Can they withdraw the complaint saying the issues they cited have been corrected or something to that effect? Today is Sunday so it must be an online submission. Dies anyone know if they call or log the additional change that they are withdrawing the complaint it will not get logged?
  
  0 Reply
Mark Cruse
Investor · Fort Washington, MD · Member since 2014 · 1k+ posts · 1k+ votes
1y
I would release them quick. However, are you implying they are making up all these things. If those things exists, Id make the same demands.
2 Reply
- Carlos Lez
  OP
  Member since 2020 · 87 posts · 22 votes
  1y
  Quote from @Mark Cruse:
  
  I would release them quick. However, are you implying they are making up all these things. If those things exists, Id make the same demands.
  As I have said several times, this is all made up.
  0 Reply
- Mark Cruse
  Investor · Fort Washington, MD · Member since 2014 · 1k+ posts · 1k+ votes
  1y
  Quote from @Carlos Lez:
  
  Quote from @Mark Cruse:
  
  I would release them quick. However, are you implying they are making up all these things. If those things exists, Id make the same demands.
  As I have said several times, this is all made up.
  
  Well excuse the sht out of me. Maybe I missed it.
  
  To me personally, it sounds like you have issues with the place. I see no logic in asking and requesting all that, for imaginary stuff. Your idea of habitable may be filthy and disgusting to the next person. If anyone said that about my units, Id seriously assesses the full scope of the situation.
  
  If multiple people simultaneously freaked out in one of my properties, It would freak me out.
  I do know if you play games and they call someone in and find all that stuff; you will be the one condemned.
  
  2 Reply
- JD MartinBusiness Member
  Moderator
  Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
  1y
  Quote from @Mark Cruse:
  
  Quote from @Carlos Lez:
  
  Quote from @Mark Cruse:
  
  I would release them quick. However, are you implying they are making up all these things. If those things exists, Id make the same demands.
  As I have said several times, this is all made up.
  
  Well excuse the sht out of me. Maybe I missed it.
  
  To me personally, it sounds like you have issues with the place. I see no logic in asking and requesting all that, for imaginary stuff. Your idea of habitable may be filthy and disgusting to the next person. If anyone said that about my units, Id seriously assesses the full scope of the situation.
  
  If multiple people simultaneously freaked out in one of my properties, It would freak me out.
  I do know if you play games and they call someone in and find all that stuff; you will be the one condemned.
  
  A couple of thoughts:
  
  1. You never rent anything out without collecting deposit and first month rent. You made a serious error in collecting deposit instead of rent. If you are only going to collect one at lease signing in the future (not recommended), you collect first months rent. That way if some nonsense like this comes up, you have the first months rent and you don't give anything back.
  
  2. If you are going to require co-signers, especially for students, you should not consider it rented until all responsible parties have viewed the property.
  
  3. Never align rent and deposit payment with the first day of the lease, especially in a situation where you are on a timeline because of seasonality or other issues. Now you are left with no market and no tenants.
  
  4. I agree that you want these people gone. They will suck to deal with.
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  3 Reply
Sean McKee
Rental Property Investor · Chicago, IL · Member since 2017 · 266 posts · 188 votes
1y
Quote from @Carlos Lez:
Esteemed colleagues,

I’m facing a tough situation and would appreciate your perspective.

On August 9th, three students (with their parents as guarantors) placed a deposit on my 3-bedroom Victorian near a college campus. As is common here, the prime leasing season is July through mid-August, and once school starts, demand drops off sharply. Accordingly, I removed the unit from the market after their deposit.

Their lease start date was today, August 16, 2025. However, when they arrived with their parents for move-in, they “freaked out.” This is an older Victorian (not a modern apartment), but it is clean, habitable, and up to code. The students had toured it in person before applying. We take pride in maintaining our properties, though of course, they aren’t new construction.

The tenants are now refusing to pay first month’s rent and sent the following notice citing habitability issues under California law (Civil Code §1941.1 and implied warranty of habitability). Their claims include:

Mold and old food around stove
Mold on walls
Blood stains, dead insects, dust throughout
Dirty stove/microwave, bathroom unsanitary
Windows unclean with missing/damaged screens
General filth, unswept floors
Showerhead replacement needed

They are demanding deep cleaning, mold remediation, replacement of window screens, painting, etc. and state they will withhold rent until this is completed. They’ve also threatened complaints to the local housing authority/code enforcement.

From my perspective:

The unit was cleaned and is habitable.
It’s not new, but it was shown in person before application, and the condition hasn’t materially changed since.
We pride ourselves on keeping units up to code and in good repair.

My concerns:

I held the property for them during peak leasing season and may now be stuck with a vacancy.
They’re making demands that feel like buyer’s remorse rather than legitimate habitability issues.
They are refusing to pay move-in rent, even though they signed a lease and provided a deposit.

Questions for the community:

How would you handle this?
Is this a case where I should meet their demands hoping this will not continue , or is it better to cut losses and move on?
Has anyone dealt with similar “last-minute” habitability disputes where tenants change their minds after committing?

Any input on best practices or legal/strategic next steps would be greatly appreciated.
If there’s actually no material issues and you are certain of it then you can:
- Offer to break lease. Return money. This would be the preferred route. They sound awful and will likely be a nightmare. It’s an older unit and if they want perfection, they need to pay up for it.
-If you don’t want to break lease or they refuse to terminate lease. Tell them any legitimate issues will be handled. Rent needs to be paid. If they refuse to pay, serve them notice and start the eviction process.
I had a very similar situations on a few occasions. Must recent was a current tenant of several years. He got a little behind on rent and started causing issues. He Refused to break lease. So I served him a 5 day notice.
He vacated a week later and paid rent

If you go the legal route be prepared to deal with the city. Tenants often retaliate this way. With an old Victorian home, there’s bound to be stuff not to current code, unless you are really on it with the updates. I’ve dealt with this as well
A lot of times people act tough, but when confronted with legal actions , they back down.
Sorry this is happening. It’s unfortunately very common. Whatever you do, I’d take action very quickly to try and squash it.
2 Reply
- Carlos Lez
  OP
  Member since 2020 · 87 posts · 22 votes
  1y
  Quote from @Sean McKee:
  
  Quote from @Carlos Lez:
  
  Esteemed colleagues,
  
  I’m facing a tough situation and would appreciate your perspective.
  
  On August 9th, three students (with their parents as guarantors) placed a deposit on my 3-bedroom Victorian near a college campus. As is common here, the prime leasing season is July through mid-August, and once school starts, demand drops off sharply. Accordingly, I removed the unit from the market after their deposit.
  
  Their lease start date was today, August 16, 2025. However, when they arrived with their parents for move-in, they “freaked out.” This is an older Victorian (not a modern apartment), but it is clean, habitable, and up to code. The students had toured it in person before applying. We take pride in maintaining our properties, though of course, they aren’t new construction.
  
  The tenants are now refusing to pay first month’s rent and sent the following notice citing habitability issues under California law (Civil Code §1941.1 and implied warranty of habitability). Their claims include:
  
  Mold and old food around stove
  Mold on walls
  Blood stains, dead insects, dust throughout
  Dirty stove/microwave, bathroom unsanitary
  Windows unclean with missing/damaged screens
  General filth, unswept floors
  Showerhead replacement needed
  
  They are demanding deep cleaning, mold remediation, replacement of window screens, painting, etc. and state they will withhold rent until this is completed. They’ve also threatened complaints to the local housing authority/code enforcement.
  
  From my perspective:
  
  The unit was cleaned and is habitable.
  It’s not new, but it was shown in person before application, and the condition hasn’t materially changed since.
  We pride ourselves on keeping units up to code and in good repair.
  
  My concerns:
  
  I held the property for them during peak leasing season and may now be stuck with a vacancy.
  They’re making demands that feel like buyer’s remorse rather than legitimate habitability issues.
  They are refusing to pay move-in rent, even though they signed a lease and provided a deposit.
  
  Questions for the community:
  
  How would you handle this?
  Is this a case where I should meet their demands hoping this will not continue , or is it better to cut losses and move on?
  Has anyone dealt with similar “last-minute” habitability disputes where tenants change their minds after committing?
  
  Any input on best practices or legal/strategic next steps would be greatly appreciated.
  
  If there’s actually no material issues and you are certain of it then you can:
  - Offer to break lease. Return money. This would be the preferred route. They sound awful and will likely be a nightmare. It’s an older unit and if they want perfection, they need to pay up for it.
  -If you don’t want to break lease or they refuse to terminate lease. Tell them any legitimate issues will be handled. Rent needs to be paid. If they refuse to pay, serve them notice and start the eviction process.
  I had a very similar situations on a few occasions. Must recent was a current tenant of several years. He got a little behind on rent and started causing issues. He Refused to break lease. So I served him a 5 day notice.
  He vacated a week later and paid rent
  
  If you go the legal route be prepared to deal with the city. Tenants often retaliate this way. With an old Victorian home, there’s bound to be stuff not to current code, unless you are really on it with the updates. I’ve dealt with this as well
  A lot of times people act tough, but when confronted with legal actions , they back down.
  Sorry this is happening. It’s unfortunately very common. Whatever you do, I’d take action very quickly to try and squash it.
  Shawn, there are no material issues. These are the people that will continually harass under threat. I am trying to get them to cancel asap.
  
  the only advise I am now seeking is if there is anyway to get them to withdraw the code complaint before they are out the lease.
  0 Reply
- Sean McKee
  Rental Property Investor · Chicago, IL · Member since 2017 · 266 posts · 188 votes
  1y
  Quote from @Carlos Lez:
  
  Quote from @Sean McKee:
  
  Quote from @Carlos Lez:
  
  Esteemed colleagues,
  
  I’m facing a tough situation and would appreciate your perspective.
  
  On August 9th, three students (with their parents as guarantors) placed a deposit on my 3-bedroom Victorian near a college campus. As is common here, the prime leasing season is July through mid-August, and once school starts, demand drops off sharply. Accordingly, I removed the unit from the market after their deposit.
  
  Their lease start date was today, August 16, 2025. However, when they arrived with their parents for move-in, they “freaked out.” This is an older Victorian (not a modern apartment), but it is clean, habitable, and up to code. The students had toured it in person before applying. We take pride in maintaining our properties, though of course, they aren’t new construction.
  
  The tenants are now refusing to pay first month’s rent and sent the following notice citing habitability issues under California law (Civil Code §1941.1 and implied warranty of habitability). Their claims include:
  
  Mold and old food around stove
  Mold on walls
  Blood stains, dead insects, dust throughout
  Dirty stove/microwave, bathroom unsanitary
  Windows unclean with missing/damaged screens
  General filth, unswept floors
  Showerhead replacement needed
  
  They are demanding deep cleaning, mold remediation, replacement of window screens, painting, etc. and state they will withhold rent until this is completed. They’ve also threatened complaints to the local housing authority/code enforcement.
  
  From my perspective:
  
  The unit was cleaned and is habitable.
  It’s not new, but it was shown in person before application, and the condition hasn’t materially changed since.
  We pride ourselves on keeping units up to code and in good repair.
  
  My concerns:
  
  I held the property for them during peak leasing season and may now be stuck with a vacancy.
  They’re making demands that feel like buyer’s remorse rather than legitimate habitability issues.
  They are refusing to pay move-in rent, even though they signed a lease and provided a deposit.
  
  Questions for the community:
  
  How would you handle this?
  Is this a case where I should meet their demands hoping this will not continue , or is it better to cut losses and move on?
  Has anyone dealt with similar “last-minute” habitability disputes where tenants change their minds after committing?
  
  Any input on best practices or legal/strategic next steps would be greatly appreciated.
  
  If there’s actually no material issues and you are certain of it then you can:
  - Offer to break lease. Return money. This would be the preferred route. They sound awful and will likely be a nightmare. It’s an older unit and if they want perfection, they need to pay up for it.
  -If you don’t want to break lease or they refuse to terminate lease. Tell them any legitimate issues will be handled. Rent needs to be paid. If they refuse to pay, serve them notice and start the eviction process.
  I had a very similar situations on a few occasions. Must recent was a current tenant of several years. He got a little behind on rent and started causing issues. He Refused to break lease. So I served him a 5 day notice.
  He vacated a week later and paid rent
  
  If you go the legal route be prepared to deal with the city. Tenants often retaliate this way. With an old Victorian home, there’s bound to be stuff not to current code, unless you are really on it with the updates. I’ve dealt with this as well
  A lot of times people act tough, but when confronted with legal actions , they back down.
  Sorry this is happening. It’s unfortunately very common. Whatever you do, I’d take action very quickly to try and squash it.
  Shawn, there are no material issues. These are the people that will continually harass under threat. I am trying to get them to cancel asap.
  
  the only advise I am now seeking is if there is anyway to get them to withdraw the code complaint before they are out the lease.
  Carlos. I’ve only had this issue a couple of times when I was actively evicting for nonpayment of rent. Each time I was proactive and dealt quickly with the city. Each time the case was with the city was dismissed and the tenants were still evicted. City government’s like landlords that are quick to deal with issues.
  
  You can certainly try and get them to retract it, but it might not matter. The city still might want to go out.
  
  If you can get them to leave, it will make dealing with the City easier.
  
  If they won’t cancel and won’t pay. Start the eviction process immediately. I don’t know California law, but they likely had to give you some demand period before legally withholding rent. I would also proceed to with making whatever necessary repairs to negate any of their complaints.
  
  There’s a decent chance they will agree to leave or pay with a serious legal actions. The building needing some repairs doesn’t always give tenants the right to withhold rent and many of them don’t know how to do it properly.
  I bought buildings with active code violations and I’ve also had to deal with tenant complaints. Most of the time they are focused on big picture issues. So if your building is as well kept as you say it is, then any citations issued will be manageable.
  This is the crummy part of being and landlord. Good luck!
  1 Reply
- Carlos Lez
  OP
  Member since 2020 · 87 posts · 22 votes
  1y
  Quote from @Sean McKee:
  
  Quote from @Carlos Lez:
  
  Quote from @Sean McKee:
  
  Quote from @Carlos Lez:
  
  Esteemed colleagues,
  
  I’m facing a tough situation and would appreciate your perspective.
  
  On August 9th, three students (with their parents as guarantors) placed a deposit on my 3-bedroom Victorian near a college campus. As is common here, the prime leasing season is July through mid-August, and once school starts, demand drops off sharply. Accordingly, I removed the unit from the market after their deposit.
  
  Their lease start date was today, August 16, 2025. However, when they arrived with their parents for move-in, they “freaked out.” This is an older Victorian (not a modern apartment), but it is clean, habitable, and up to code. The students had toured it in person before applying. We take pride in maintaining our properties, though of course, they aren’t new construction.
  
  The tenants are now refusing to pay first month’s rent and sent the following notice citing habitability issues under California law (Civil Code §1941.1 and implied warranty of habitability). Their claims include:
  
  Mold and old food around stove
  Mold on walls
  Blood stains, dead insects, dust throughout
  Dirty stove/microwave, bathroom unsanitary
  Windows unclean with missing/damaged screens
  General filth, unswept floors
  Showerhead replacement needed
  
  They are demanding deep cleaning, mold remediation, replacement of window screens, painting, etc. and state they will withhold rent until this is completed. They’ve also threatened complaints to the local housing authority/code enforcement.
  
  From my perspective:
  
  The unit was cleaned and is habitable.
  It’s not new, but it was shown in person before application, and the condition hasn’t materially changed since.
  We pride ourselves on keeping units up to code and in good repair.
  
  My concerns:
  
  I held the property for them during peak leasing season and may now be stuck with a vacancy.
  They’re making demands that feel like buyer’s remorse rather than legitimate habitability issues.
  They are refusing to pay move-in rent, even though they signed a lease and provided a deposit.
  
  Questions for the community:
  
  How would you handle this?
  Is this a case where I should meet their demands hoping this will not continue , or is it better to cut losses and move on?
  Has anyone dealt with similar “last-minute” habitability disputes where tenants change their minds after committing?
  
  Any input on best practices or legal/strategic next steps would be greatly appreciated.
  
  If there’s actually no material issues and you are certain of it then you can:
  - Offer to break lease. Return money. This would be the preferred route. They sound awful and will likely be a nightmare. It’s an older unit and if they want perfection, they need to pay up for it.
  -If you don’t want to break lease or they refuse to terminate lease. Tell them any legitimate issues will be handled. Rent needs to be paid. If they refuse to pay, serve them notice and start the eviction process.
  I had a very similar situations on a few occasions. Must recent was a current tenant of several years. He got a little behind on rent and started causing issues. He Refused to break lease. So I served him a 5 day notice.
  He vacated a week later and paid rent
  
  If you go the legal route be prepared to deal with the city. Tenants often retaliate this way. With an old Victorian home, there’s bound to be stuff not to current code, unless you are really on it with the updates. I’ve dealt with this as well
  A lot of times people act tough, but when confronted with legal actions , they back down.
  Sorry this is happening. It’s unfortunately very common. Whatever you do, I’d take action very quickly to try and squash it.
  Shawn, there are no material issues. These are the people that will continually harass under threat. I am trying to get them to cancel asap.
  
  the only advise I am now seeking is if there is anyway to get them to withdraw the code complaint before they are out the lease.
  Carlos. I’ve only had this issue a couple of times when I was actively evicting for nonpayment of rent. Each time I was proactive and dealt quickly with the city. Each time the case was with the city was dismissed and the tenants were still evicted. City government’s like landlords that are quick to deal with issues.
  
  You can certainly try and get them to retract it, but it might not matter. The city still might want to go out.
  
  If you can get them to leave, it will make dealing with the City easier.
  
  If they won’t cancel and won’t pay. Start the eviction process immediately. I don’t know California law, but they likely had to give you some demand period before legally withholding rent. I would also proceed to with making whatever necessary repairs to negate any of their complaints.
  
  There’s a decent chance they will agree to leave or pay with a serious legal actions. The building needing some repairs doesn’t always give tenants the right to withhold rent and many of them don’t know how to do it properly.
  I bought buildings with active code violations and I’ve also had to deal with tenant complaints. Most of the time they are focused on big picture issues. So if your building is as well kept as you say it is, then any citations issued will be manageable.
  This is the crummy part of being and landlord. Good luck!
  It’s refreshing to see your sensible comment among the many baseless rants and accusatory comments I am trying to get them to leave and regain possession. Hopefully the city would be able to complete their inspection soon enough. Thanks to all those who helped with sensible and actionable replies. From several responses it sounded like some members are running their properties perfectly in utopia and just know it all. Kudos to them.
  0 Reply
Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
1y
You've been in business 15 years, and the current renters alleged problems include:
- [1] Mold around stove,
- [2] Old food around stove,
- [3] Mold on walls,
- [4] Blood stains,
- [5] Dead insects,
- [6] Dust throughout,
- [7] Dirty stove,
- [8] Dirty Microwave,
- [9] Bathroom unsanitary,
- [10] Windows unclean,
- [11] Windows missing/damaged screens,
- [12] General filth,
- [13] Unswept floors,
- [14] Showerhead replacement needed.
If it were mine I would ask for picks of each one of these items in the unit.

1. If there is mold it should be remediated- that might be a quick job.

2. In my opinion missing screens and damaged screens should have been handled on the turn.

3. A bad shower head is a common easy replacement.

4. The other things on the list look to me as if they would be solvable by an apartment cleaning service, which some owners use when they do a turn.

Maybe it would be easiest, and least expensive to just have the complaint items fixed.

And like the others have said these may be problem renters in the future as far as complaints and holding back the rent for little things- because there are people out there who will do this kind of stuff.

The items on the list seem to me like something that should be fixed before turning the unit.

But rather than words I'd want photographs of all of the problems.

Good Luck!
3 Reply
- Mark Cruse
  Investor · Fort Washington, MD · Member since 2014 · 1k+ posts · 1k+ votes
  1y
  Quote from @Scott Mac:
  
  You've been in business 15 years, and the current renters alleged problems include:
  
  [1]   Mold around stove,
  [2]   Old food around stove,
  [3]   Mold on walls,
  [4]   Blood stains,
  [5] Dead insects,
  [6] Dust throughout,
  [7]   Dirty stove,
  [8] Dirty Microwave,
  [9] Bathroom unsanitary,
  [10]   Windows unclean,
  [11] Windows missing/damaged screens,
  [12]   General filth,
  [13]   Unswept floors,
  [14]   Showerhead replacement needed.
  
  If it were mine I would ask for picks of each one of these items in the unit.
  
  1. If there is mold it should be remediated- that might be a quick job.
  
  2. In my opinion missing screens and damaged screens should have been handled on the turn.
  
  3. A bad shower head is a common easy replacement.
  
  4. The other things on the list look to me as if they would be solvable by an apartment cleaning service, which some owners use when they do a turn.
  
  Maybe it would be easiest, and least expensive to just have the complaint items fixed.
  
  And like the others have said these may be problem renters in the future as far as complaints and holding back the rent for little things- because there are people out there who will do this kind of stuff.
  
  The items on the list seem to me like something that should be fixed before turning the unit.
  
  But rather than words I'd want photographs of all of the problems.
  
  Good Luck!
  
  You all seem to be treating this with kid gloves. No one just makes up a detailed list like that for no apparent reason, and request that it be mitigated. I have been managing property for well over a decade. This is what anyone would do. My goofy *** kids may go to get a rental house and not fully understand what they should have. When I was young, a dirty low-level motel was five star to me. An intelligent parent with standards would immediately step in and assure their kids is not subjected to silliness or slumlord characteristics. If the landlord expects decent tenants and rents on time, they are going to at least have to deliver the basics. This individual sounds to me like they have an idea they are delivering a substandard product, then dressing it up with words like habitable. Any experienced landlord knows you have to deliver some form of quality on your end, or you will get bottom feeding, desperate and feckless tenants who come in not caring.
  Is what it is but if they are reported to the city, they will really understand what inhabitable means.
  2 Reply
- Sean McKee
  Rental Property Investor · Chicago, IL · Member since 2017 · 266 posts · 188 votes
  1y
  Quote from @Mark Cruse:
  
  Quote from @Scott Mac:
  
  You've been in business 15 years, and the current renters alleged problems include:
  
  [1]   Mold around stove,
  [2]   Old food around stove,
  [3]   Mold on walls,
  [4]   Blood stains,
  [5] Dead insects,
  [6] Dust throughout,
  [7]   Dirty stove,
  [8] Dirty Microwave,
  [9] Bathroom unsanitary,
  [10]   Windows unclean,
  [11] Windows missing/damaged screens,
  [12]   General filth,
  [13]   Unswept floors,
  [14]   Showerhead replacement needed.
  
  If it were mine I would ask for picks of each one of these items in the unit.
  
  1. If there is mold it should be remediated- that might be a quick job.
  
  2. In my opinion missing screens and damaged screens should have been handled on the turn.
  
  3. A bad shower head is a common easy replacement.
  
  4. The other things on the list look to me as if they would be solvable by an apartment cleaning service, which some owners use when they do a turn.
  
  Maybe it would be easiest, and least expensive to just have the complaint items fixed.
  
  And like the others have said these may be problem renters in the future as far as complaints and holding back the rent for little things- because there are people out there who will do this kind of stuff.
  
  The items on the list seem to me like something that should be fixed before turning the unit.
  
  But rather than words I'd want photographs of all of the problems.
  
  Good Luck!
  
  You all seem to be treating this with kid gloves. No one just makes up a detailed list like that for no apparent reason, and request that it be mitigated. I have been managing property for well over a decade. This is what anyone would do. My goofy *** kids may go to get a rental house and not fully understand what they should have. When I was young, a dirty low-level motel was five star to me. An intelligent parent with standards would immediately step in and assure their kids is not subjected to silliness or slumlord characteristics. If the landlord expects decent tenants and rents on time, they are going to at least have to deliver the basics. This individual sounds to me like they have an idea they are delivering a substandard product, then dressing it up with words like habitable. Any experienced landlord knows you have to deliver some form of quality on your end, or you will get bottom feeding, desperate and feckless tenants who come in not caring.
  Is what it is but if they are reported to the city, they will really understand what inhabitable means.
  
  Mark I wish this were true. Assuming the truth is being told, this could be a bit of buyers remorse. People over exaggerate all the time.
  We definitely would need more context and photos.
  
  Mold on walls… could mean a leak underneath the sink that wasn’t caught in time. And the mold is just in that location. Mold remediation would be overkill.
  
  Carlos very well might have been on the hook for dealing with the issues. But the truth is stuff happens and gets missed. Cleaners don’t do a great job, broken items get missed, etc. Missing screens…. They sale kits for those or you can get the adjustable ones from Amazon.
  
  Stuff happens. Automatically threatening to withhold rent and to call the city without the option to remedy is overkill. In a lot of places there’s a demand period before tenants can even start to legally withhold rent.
  
  Point is any tenants that are automatically jumping to the nuclear option are potentially problematic….. I wouldn’t want them living there. They might have an issue with everything the entire lease.
  I’ve had tenants that had buyers remorse. I’ve signed mutual termination agreements. Returned the money, took the vacancy and slept like a baby knowing I dodged this exact situation.
  2 Reply
- Mark Cruse
  Investor · Fort Washington, MD · Member since 2014 · 1k+ posts · 1k+ votes
  1y
  Quote from @Sean McKee:
  
  Quote from @Mark Cruse:
  
  Quote from @Scott Mac:
  
  You've been in business 15 years, and the current renters alleged problems include:
  
  [1]   Mold around stove,
  [2]   Old food around stove,
  [3]   Mold on walls,
  [4]   Blood stains,
  [5] Dead insects,
  [6] Dust throughout,
  [7]   Dirty stove,
  [8] Dirty Microwave,
  [9] Bathroom unsanitary,
  [10]   Windows unclean,
  [11] Windows missing/damaged screens,
  [12]   General filth,
  [13]   Unswept floors,
  [14]   Showerhead replacement needed.
  
  If it were mine I would ask for picks of each one of these items in the unit.
  
  1. If there is mold it should be remediated- that might be a quick job.
  
  2. In my opinion missing screens and damaged screens should have been handled on the turn.
  
  3. A bad shower head is a common easy replacement.
  
  4. The other things on the list look to me as if they would be solvable by an apartment cleaning service, which some owners use when they do a turn.
  
  Maybe it would be easiest, and least expensive to just have the complaint items fixed.
  
  And like the others have said these may be problem renters in the future as far as complaints and holding back the rent for little things- because there are people out there who will do this kind of stuff.
  
  The items on the list seem to me like something that should be fixed before turning the unit.
  
  But rather than words I'd want photographs of all of the problems.
  
  Good Luck!
  
  You all seem to be treating this with kid gloves. No one just makes up a detailed list like that for no apparent reason, and request that it be mitigated. I have been managing property for well over a decade. This is what anyone would do. My goofy *** kids may go to get a rental house and not fully understand what they should have. When I was young, a dirty low-level motel was five star to me. An intelligent parent with standards would immediately step in and assure their kids is not subjected to silliness or slumlord characteristics. If the landlord expects decent tenants and rents on time, they are going to at least have to deliver the basics. This individual sounds to me like they have an idea they are delivering a substandard product, then dressing it up with words like habitable. Any experienced landlord knows you have to deliver some form of quality on your end, or you will get bottom feeding, desperate and feckless tenants who come in not caring.
  Is what it is but if they are reported to the city, they will really understand what inhabitable means.
  
  Mark I wish this were true. Assuming the truth is being told, this could be a bit of buyers remorse. People over exaggerate all the time.
  We definitely would need more context and photos.
  
  Mold on walls… could mean a leak underneath the sink that wasn’t caught in time. And the mold is just in that location. Mold remediation would be overkill.
  
  Carlos very well might have been on the hook for dealing with the issues. But the truth is stuff happens and gets missed. Cleaners don’t do a great job, broken items get missed, etc. Missing screens…. They sale kits for those or you can get the adjustable ones from Amazon.
  
  Stuff happens. Automatically threatening to withhold rent and to call the city without the option to remedy is overkill. In a lot of places there’s a demand period before tenants can even start to legally withhold rent.
  
  Point is any tenants that are automatically jumping to the nuclear option are potentially problematic….. I wouldn’t want them living there. They might have an issue with everything the entire lease.
  I’ve had tenants that had buyers remorse. I’ve signed mutual termination agreements. Returned the money, took the vacancy and slept like a baby knowing I dodged this exact situation.
  
  I have been managing for some time. There is no way in hell I, and everyone I send there would miss a list like that. Hey, I doubt we will ever know, and my goal was not to beat up on him. All I'm saying is, being around the business so long, I know what it sounds like. I know several who rent out substandard, half *** stuff, especially to the low income. They set them up with stuff because they know so many are desperate and have no place to go. Not sure of how this dude operates but to me, and from my real-life interactions, it sounds like this is a valid list and the dude has an idea he is offering a wack product. Just my own personal and professional opinion. I respect yours though.
  1 Reply
Dan H.Pro Member
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
1y
Quote from @Carlos Lez:
Esteemed colleagues,

I’m facing a tough situation and would appreciate your perspective.

On August 9th, three students (with their parents as guarantors) placed a deposit on my 3-bedroom Victorian near a college campus. As is common here, the prime leasing season is July through mid-August, and once school starts, demand drops off sharply. Accordingly, I removed the unit from the market after their deposit.

Their lease start date was today, August 16, 2025. However, when they arrived with their parents for move-in, they “freaked out.” This is an older Victorian (not a modern apartment), but it is clean, habitable, and up to code. The students had toured it in person before applying. We take pride in maintaining our properties, though of course, they aren’t new construction.

The tenants are now refusing to pay first month’s rent and sent the following notice citing habitability issues under California law (Civil Code §1941.1 and implied warranty of habitability). Their claims include:

Mold and old food around stove
Mold on walls
Blood stains, dead insects, dust throughout
Dirty stove/microwave, bathroom unsanitary
Windows unclean with missing/damaged screens
General filth, unswept floors
Showerhead replacement needed

They are demanding deep cleaning, mold remediation, replacement of window screens, painting, etc. and state they will withhold rent until this is completed. They’ve also threatened complaints to the local housing authority/code enforcement.

From my perspective:

The unit was cleaned and is habitable.
It’s not new, but it was shown in person before application, and the condition hasn’t materially changed since.
We pride ourselves on keeping units up to code and in good repair.

My concerns:

I held the property for them during peak leasing season and may now be stuck with a vacancy.
They’re making demands that feel like buyer’s remorse rather than legitimate habitability issues.
They are refusing to pay move-in rent, even though they signed a lease and provided a deposit.

Questions for the community:

How would you handle this?
Is this a case where I should meet their demands hoping this will not continue , or is it better to cut losses and move on?
Has anyone dealt with similar “last-minute” habitability disputes where tenants change their minds after committing?

Any input on best practices or legal/strategic next steps would be greatly appreciated.
I see by mutual agreement the lease has been terminated. I suspect this was best option for all parties.
None of those items other than potentially the mold is cause for breaking a lease. A place does not have to be clean to rent it, The walls do not need to be freshly pained assuming it is not flaking lead paint. The shower head does not need to work perfectly.
However, addressing those items will help obtain higher quality tenants at maximum rent.
At a minimum, I would get a good cleaning crew in there. Request they especially address any areas with mildew. I would also replace the shower head if it is not functioning correctly. Analyze whether painting is necessary.
Once you have it cleaned, list it for rent unless you receive something official such as red tag that indicates you cannot rent the unit.
Good luck
2 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
1y
I'd tell them it is in the same condition or better than when they viewed it. If they don't want to move in, that's fine-they can find another place to live and you will relist it. give them 24 hours to decide and then return the deposit when you pick up the keys.
2 Reply
J CastroBusiness Member
Lender · Florida · Member since 2025 · 684 posts · 242 votes
1y
We own rental properties ourselves and to minimize tenant issues on move-in day, we as landlords should ensure the property is thoroughly prepared, communicate clearly with the tenant, and handle any necessary paperwork efficiently. This includes performing necessary repairs, conducting a move-in inspection, and clearly outlining expectations in the lease agreement.

In your lease agreement you should consider outlining (if you haven't already) the following...

1- Property Preparation:

- Thorough Cleaning and Repairs: The property should be spotless and all necessary repairs completed before the move-in date.

- Code Compliance: Ensure the property meets all applicable building, housing, and health codes.

   - Safety:Verify all smoke detectors are functional and that the property is free of hazards.

   - Appliances and Utilities: Ensure all appliances are working correctly and that utilities are set up and ready for the tenant.

2- Communication and Paperwork:

   - Clear Lease Agreement: Review the lease agreement with the tenant, highlighting important clauses and responsibilities.

- Move-In Inspection: Conduct a move-in inspection with the tenant, documenting the property's condition and any existing issues. This protects both the landlord and the tenant.

- Key Exchange: Ensure the tenant receives all necessary keys and access information.

- Emergency Contact Information: Provide the tenant with emergency contact information for the landlord or property manager.

3- Addressing Potential Issues:

   - Tenant Concerns: Address any tenant concerns or questions before or on move-in day.

- Documentation: Keep thorough records of all communication and transactions related to the property.

Something else to address in your lease agreement and being very specific and clear is the tenants responsibility to the property such as...

- Maintaining the A/C unit filter clean / replaced.
- Returning the unit in the same condition as given to them, including cleaning and paint.

By proactively addressing these areas, we as landlords can significantly reduce the potential for move-in day issues and foster a positive landlord-tenant relationship. This are things we have learned and tried to perfection with time. Now with rental properties across multiple states, we've had expand and hire management companies. We've managed to align their policies with ours making sure our properties are being managed and maintained within the same guidelines.
If you feel your lease didn't cover all of their claims clearly, I will agree with @Jeremy Horton "Provide them a lease cancellation form to sign - this way the lease is simply cancelled." Make the proper corrections on the unit and on your lease and start over. You'll be better cutting your looses now rather than later having to deal with headaches and possible a bigger loose.
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2 Reply
Jules Aton
MD/DC · Member since 2024 · 1k+ posts · 1k+ votes
1y
I guess they could just be hysterical prima-donnas but I have to suspect the place is actually dirty or they wouldn’t have started picking it apart. What would be their motive? They need somewhere for their kids to live asap and will be in a similar jam trying to secure another rental at the last minute. IDK probably would have been easily smoothed over with apology, deep clean and a few minor fixes.
1 Reply
- Mark Cruse
  Investor · Fort Washington, MD · Member since 2014 · 1k+ posts · 1k+ votes
  1y
  Quote from @Jules Aton:
  
  I guess they could just be hysterical prima-donnas but I have to suspect the place is actually dirty or they wouldn’t have started picking it apart. What would be their motive? They need somewhere for their kids to live asap and will be in a similar jam trying to secure another rental at the last minute. IDK probably would have been easily smoothed over with apology, deep clean and a few minor fixes.
  
  This, amongst many other things is my point. I feel they most likely have a valid list. If they were scammers, or feel they found something better, they would just not show up and demand funds later. They showed up, went out and found an entire punch list of unacceptable characteristics. If he fixes it, they will do it. It would be illogical to just make up a bunch of stuff that doesn't exist for no apparent reason. Somone who keeps saying their place is habitable speaks volumes. The ape house at the zoo his habitable to something.
  
  1 Reply
Henry T.
Member since 2022 · 1k+ posts · 1k+ votes
1y
What the heck is going on? Correct me if I'm wrong, but I think California at least allows collection of 1st and security deposit? Why are they in the building without having paid first months rent? Nobody gets keys from me without full verified cleared payment. If this is the situation, you need some schooling, I'm not fooling, sir.
3 Reply
James Mc Ree
Rental Property Investor · Malvern, PA · Member since 2016 · 1k+ posts · 934 votes
1y
@Carlos Lez
I am confused by all this. You wrote your tenants complained about a laundry list of issues that don't actually exist. I am OK with that part. You then express concern about a code complaint that will slow things down. I don't understand that if there are no issues. You should welcome the code enforcement person if there are no issues and ask for them to give you an inspection report specifically focusing on these issues. That becomes some excellent physical evidence for an eviction lawsuit.
I see that you are writing, you have an old Victorian. The issues your tenants are complaining about have nothing to do with age. They concern cleanliness and basic function. For example, screens are there or not and it has nothing to do with age. Your local maintenance code probably requires screens in all the windows. A simple pic showing them there or not is trivial to make that go away.
Have you personally inspected this property prior to their move-in? I always do a walkthrough with my new tenants to allow them to point out any issues. These issues appear to be easily addressed with the tenants, as in they say X, you both look at it together and agree it exists or not.
I am concerned with your multiple references to the property being habitable. That could be just above the line of "uninhabitable." How bad is it really? I don't have experience with someone who is genuinely proud of their property merely describing it as habitable.
4 Reply
James Stout
Lender · Irvine, CA · Member since 2025 · 27 posts · 8 votes
1y
Carlos — seasoned landlords here have all been through some version of this. The mistake was handing over keys without first month’s rent — that’s where your leverage was lost. At this point, best move is exactly what you did: get a cancellation in writing, return keys, and document condition with photos/video for both code enforcement and your own protection. Clean the unit, swap a few easy items (screens, showerhead, mildew spot), and relist. Much cheaper than fighting with tenants who already showed you they’ll weaponize complaints.”
0 Reply
Carlos Lez
OP
Member since 2020 · 87 posts · 22 votes
1y
Thanks James. It's a lifetime of learning. Perfectly said "...they’ll weaponize complaints"
0 Reply
Isadore Swartz
Member since 2025 · 45 posts · 47 votes
11mo
Document all the areas that they complained about (should have pictures on the entire place as proof of move in status anyway).
As to filed a complaint, who did they file with? At worst some housing minion will contact you for more information. Give that person copies of the photos and the complaint should go away. Even if there was some issue, you can show it has been remediated.
0 Reply

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