How to Handle Inherited Tenant With Health/Safety Concerns?

Question

This situation is in Vermont, where landlord–tenant law is very tenant-friendly. We inherited a long-term tenant (10+ years) who is very kind and well-liked, but she does not maintain the unit or herself very well. There’s a strong odor, and she keeps multiple cats and dogs that are not well cared for. While she isn’t technically violating the lease, the city inspector who recently went through the property suggested contacting the health department.

We’d like to balance compassion with responsibility. Ideally, we’d like to (1) help her in the best way possible without offending her, but (2) also protect the property and possibly free up the unit for renovations within the next 1–2 years.

Questions:

• 1. Given Vermont’s tenant protections, if she isn’t in clear violation of the lease, would our best option be to issue a no-cause non-renewal notice when the lease ends, understanding that could lead to an eviction if she refuses to leave?
• 2. Are there alternative approaches under Vermont law that might allow us to either require improved conditions (due to health/safety concerns) or provide support/resources while still protecting ourselves as landlords?
• 3. Would involving the health department complicate things, or could it create a clearer legal path for addressing the situation?

1. Given Vermont’s tenant protections, if she isn’t in clear violation of the lease, would our best option be to issue a no-cause non-renewal notice when the lease ends, understanding that could lead to an eviction if she refuses to leave?

2. Are there alternative approaches under Vermont law that might allow us to either require improved conditions (due to health/safety concerns) or provide support/resources while still protecting ourselves as landlords?

3. Would involving the health department complicate things, or could it create a clearer legal path for addressing the situation?

Colleen F. · Answer

@Madeline Marquardt does the lease not have an animal limit.  One thing to do if you have concerns is animal control needs to be involved. They may remove the animals if there are an excessive number not cared for.   This is a call you can make to the animal control officer.  The other thing is if you don't think she is caring for herself and she is elderly there are sometimes agencies you can call. Call your senior center. Not sure if these would be easier than a non-renewal but sometimes animal control is very pro-active in overcrowding situations.

Wesley W. · Answer

@Colleen F. gives you good advice.

I think in practical terms, your goals (1) and (2) are mutually exclusive.  Are you going to be a philanthropist, or operate a profitable business?  That's a personal choice, but a choice nonetheless.  (There's a continuum, I get it - but hopefully the sentiment lands.)

Of your "questions" at the end of your post, I think your first outcome (1.) is probably the most likely and I would begin preparing for that eventuality (i.e. engage a L/T attorney, procuring cash reserves for non-payment during eviction, funds for extensive renovation).

That being said, I would strongly recommend getting an attorney on board.  I've seen lots of new landlords try and save money by trying to do a DYI eviction, only to get schooled by a pro-bono laywer from any one of the numerous tenants' right groups willing to battle the evil capitalist landlord.  These folks are trained and intimately familiar with the state/local statutes and all the associated loopholes.  Having an attorney handle this for you is money well spent, especially in the tenant friendly jurisdictions.

Moving forward, I suggest offering only MTM leases to your tenants, so you are not placed in this situation again.  I've written about this strategy in detail here on BP so feel free to search it up.

There is a lot to know in this industry, and we've all made plenty of mistakes.  My rule has always been to, whenever possible, try and learn from others' mistakes in order to avoid them myself; give myself some grace when making a mistake I did not foresee, but to change my operations/process in order to make those mistakes only once.  The definition of insanity is expecting different results by doing the same thing.

Good luck!

Jules Aton · Answer

Please report if animals are not being cared for appropriately. To me that is a no brainer. It is also possibly an APS situation if elder or vulnerable person can’t care for their self.

Madeline Marquardt · Answer

Thank you so much for sharing your thoughts Jules, we really appreciate the input. We’ve definitely considered those routes, but at this point we don't have enough evidence/proof of this for us to reach out to those agencies on her behalf. We’re doing our best to navigate the situation carefully while also staying on her good side in case we do end up needing to pursue a non-renewal and/or eviction. Your reminder is really helpful, though, and it’s good to know those resources are available if things do escalate.

Madeline Marquardt · Answer

Wesley - thank you so much for taking the time to share your perspective, it’s really helpful to hear from someone who’s been through similar situations. You’re absolutely right about the importance of having a good attorney, especially in Vermont. She’s currently on a month-to-month lease, but as you probably know, we still have to provide 30–60 days’ notice of non-renewal depending on length of tenancy (60 days in her case). I’ve been through about a dozen evictions and a half dozen cash-for-keys situations, and I honestly can’t imagine trying to handle any of those DIY in VT with how tenant-friendly the state is. Having a solid attorney has saved us more than once.

I hear you on the tension between philanthropy and profitability (honestly, this is the biggest reason I look forward to investing more in commercial moving forward as the continuum is much more cut and dry compared to residential). At the end of the day, this is a business, but we also want to explore every resource available to help her transition smoothly if we can. That’s really why I posted; not to avoid the legal route, but to see if there are any alternative suggestions or community resources others have used successfully in similar cases.

I really appreciate your thoughtful response and your reminder to always keep improving operations to avoid the same mistakes twice. That’s exactly the mindset we’re trying to adopt as we keep learning!

How to Handle Inherited Tenant With Health/Safety Concerns?

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