Tenant called the Police

50 Replies

I bought house in Sept 2014 and it was rented with month to month lease with section 8. During November, Section 8 did yearly inspection and find out that HVAC is not working properly. We hire the HVAC guy and ask him to fix the problem. He told us that, this old HVAC is very old and its not possible to fix. So, we contacted Section 8 and told them the fact. They told us and tenant that, tenant can't live in this house and last day is 31st Dec. This is all section 8 decision to cancel the lease. We as a landlord agreed with section 8 and told tenant to move on or before 31st Dec. 

Since then, tenant is very angry at us. First she did not pay her portion for Dec and stop replying our emails. On one Saturday, we stop  by and knock the door and she did not open the door (her car was not there) so we left. Within a few minutes, she emailed us - 

-You will get your rent and do you think that me and my son are going to just sleep on a street corner!? Why would you harass me about turning over the keys when you told me we have to be out December 31, 2014 which is less than a 30 day notice.

So we contacted section 8 and they send her a letter and told her to pay the past due rent. Same day she called us during an evening and told us that she don't have money to hire the lawyer!! And finally, she paid rent on 24th Dec which is 24 days late. 

Yesterday, on 30th, we emailed her and ask her - 

-Please advise of the time when you'll have moved out tomorrow, so we can coordinate the time to receive the keys from you. 

Again, she did not answered our email and I was in the same area this afternoon, so I decided to stop by and ask her the time to pick up the key. I went alone and but kept my phone video on and took video. I went to the house and knock the door. No body answer the door so I check the door knob and it was lock. I see the u-haul truck was parked and some items near the mail box. I captured everything in the video. 

When I was driving back home, same time, police called and talk to my husband! She called police and told that landlord is harassing her. My husband told all details to police and he told police that because she did not reply to our email that's why I stop by to find out the time to pick up the key. 

My question is - What is next now? Both time she was not home and her neighbor told her about our present at the property. Do you think, once she move out, we will have hard time from the neighbor? Should I complain to section 8 about her that she called police? 

Why would you not fix the AC?  Is there a market for rentals in FL that don't have AC?

Bob

Your post is confusing.  It sounds like you've made the tenant's life difficult by not replacing the HVAC, thus making the house not meet Sec8 standards, And forcing her to move with short notice. Why did you not replace the HVAC? Why would you expect timely rent from someone living in a house without HVAC?

The tenant called the police because you showed up and tried to open the door.  Leave the tenant alone and let her move in peace.  Write to her tomorrow and ask her where top pick up the keys.

Fix the stinking HVAC.  Call another heating guy. HVAC are so brand specific and each guy works on different brands. Get another bid, get 3 more.   You can always fix things it just a matter of what cost.   

Why would you want a vacancy in January? Aspecaly a vacancy with no heat? 

Hvac is old and it is hard to fix it. It needs all new HVAC - duct work. For HVAC, we hired the AC company so it is not our decision that we can't fix the AC. CCurrently it is working but not blowing enough air. The house is old with flat roof and previous owner installed the hvac but covered the duct work. This requires a tear down to replace hvac and potentially ducts.

This is a section 8 decision to discontinue the lease. We are just following section 8 decision. 

When police called, within a 30 minutes, it had no caller ID. I Google the phone# but no any info.  I am not sure the phone call from real police or not. I am going to check on this phone call and ask police to provide me the copy of complain.

Please let me clear my point here. I am not saying that I don't want to fix the HVAC. Once the tenant move out, we are going to do the major renovation. New roof, new HVAC, floor, kitchen and bathroom.  Since it is low flat roof, ducts are under the ceilings and cover with wood. To fix the duct work ( garage is converted into a room by previous owner) need major work. It is not possible while someone is living.

Give the tenant her money back and pay first months rent in her new apt. This has nothing to do with blaming Sec. 8 or collecting past due money. The tenant is a customer and your are selling her a faulty product. 

This post has been removed.

Obviously the heat and AC used to work in the past, so maybe it is not ideal but it sounds like it could have been brought back to a functional state.  We have done work on some very old units with success.

i feel like there might be some information missing here

@Padma Mody  

"Once the tenant move out, we are going to do major renovation. New roof, new HVAC, floor, kitchen and bathroom."

When did you plan all this work and how were you going to do it if section 8 hadn't 'forced her out' for you with the HVAC issue?  

I don't know...it sounds shabby. 

@Padma Mody   - I don't see any need to report to section 8.  Leave it alone.  If the tenant moved out and you get the keys the next day or two, just move on and focus on your remodeling work.

For what it's worth, I don't think name calling is warranted here....

Wow I can't believe the responses here!  I thought I was on a landlord site. 

This is Padma's property.  He calls the shots.  His decision.  He has reasons. 

If it were me, and I use to live in Florida, a lot of  house are built on slabs, and I know what it would take to remove and reinstall a new air conditioner. 

This tenant would need to be put up into a Hotel or Motel until the work was done due to dust and inconvenience, and if you think this tenant wouldn't have demanded this treatment,  then I don't know what to tell you.

I think Padma is correct.  Get the tenant out, (not his choice, remember it's Section 8, but since it is happening),  fix it or don't fix it and rent it to someone else that wants a place that doesn't have air.  Simple fix. 

My goodness gracious, such snippiness as answers to this landlord family. Everyone on the tenant's side making this landlord out to be the villain, just like the Media treats us and the courts. 

As far as getting another tenant, because it's winter.  It's not winter in Florida.

Nancy Neville

@Padma Mody  sorry for your troubles 

sounds to me like you need a new HVAC guy and more estimates

where i am if section 8 says the tenant is moving then they are moving

from your post it sounds like you just need to replace ac unit which is not a major issue in my opinion in my area just to replace outside unit not duct work

@Padma Mody   So you inherited the tenant? She was there when you bought it in Sept. 2014. You have a major renovation but cannot do it with the tenant living there. If that is the case, I get it. @Ryan Naylor has it correct. Be nice and help the tenant move. Once she's out you can fix the place and get your own tenant. 

Well said Nancy.

Originally posted by @Nancy Neville :

Wow I can't believe the responses here!  I thought I was on a landlord site. 

This is Padma's property.  He calls the shots.  His decision.  He has reasons. 

If it were me, and I use to live in Florida, a lot of  house are built on slabs, and I know what it would take to remove and reinstall a new air conditioner. 

This tenant would need to be put up into a Hotel or Motel until the work was done due to dust and inconvenience, and if you think this tenant wouldn't have demanded this treatment,  then I don't know what to tell you.

I think Padma is correct.  Get the tenant out, (not his choice, remember it's Section 8, but since it is happening),  fix it or don't fix it and rent it to someone else that wants a place that doesn't have air.  Simple fix. 

My goodness gracious, such snippiness as answers to this landlord family. Everyone on the tenant's side making this landlord out to be the villain, just like the Media treats us and the courts. 

As far as getting another tenant, because it's winter.  It's not winter in Florida.

Nancy Neville

The hvac is just one issue with varying opinions how how to fix it..  It's the pestering of the tenant that's the problem.  The landlord checked the door handle....while the tenant was there. There are laws and lease requirements regarding entry. I would have called the police too. 

It is quite natural when a tenant is supposed to leave and doesn't respond to a landlords call, that a landlord goes over to HIS OR HER property and check to see if the tenant has moved.  

So we try to peek through the windows, knock on the doors hollaring LANDLORD, and then rattle the door knob to see if anyone's there.  If no one answers, we then open the door to see if they are still there.  If they are still there after opening the door, then we close the door and leave.

I have been in many of these situations and have had the police called on me.  After explaining the situation to the Police Officers, it is dismissed.  No breaking and entering.  No pestering the tenant.  Nada! 

Especially when one has an order of eviction from the court or a paper from the government (HuD-Section 8) stating that the tenant must move.  

Time is of the essence when you are a landlord.  It's a natural thing to check your property to see if a tenant has moved.  This is never considered Harrassament, only the Politically Correct Society would consider this a form of Harrassament.   

Nancy Neville

@Nancy Neville  - Thanks for the support! I really appreciate your support. 

It was not my decision to tell tenant to move out! This is section 8. I was even ready to keep tenant until she finds the another place. But as soon she received the letter from Section 8, she stopped her nice side! I read many treads here about late rent and everyone advice same like start eviction in a 3rd day of late payment. In my case I did not do anything at all. She paid Dec rent on 24th Dec and I never asked her for the late fee... 

Tenant never reply to my email or our phone call to let us know about the final moving date. As a landlord, I have a right to know when she is moving out.  Still today, I have a no idea that when I will get the keys. I have a right to know that when she is moving out so I can call people and start getting quotes for the work. 

@Kevin Page - Yes, I inherited the tenant. With tenant it is not possible to have a major renovation. Will post the pictures when I will have keys. 

Once you get them out you can get the property stabilized. Consider offering them money like @Ryan Naylor mentioned. Good luck.

@Mark Brogan  - I called two different company to check the AC and both them told us that it is not possible to fix this - blowing air issue since AC unit is very old. AC is leaking - inside unit. Also, when previous owner converted the garage into the room, they did not put vent on added room. Even there is no way they can clean the duct too. So, we talk to section 8 and they decided that they can't keep the tenant in this house. 

It is easy when you have roof with attic but with flat roof it is not possible to fix these issues.

Hi,

I have no opinion on the forced termination of the lease, however, you as the landlord should have a copy of the key. This will allow you to enter the property on the first day of the month after the tenant departed. You should be ok with getting in, I would recommend that you change the locks after each tenant, as you have come to see this tenant might be a little upset with you. If they kept a copy of the key they will have access to your property and can cause issues for you. Also it is a security issue for the new tenant when a new one is found. 

I would not worry about calling section 8 as their concern is for contract agreements and not relationships between tenant and landlord. If the tenant refuses to move or pay then call. If the tenant gives you lip but leaves I would put that to their personality and wash  my hands of them.

Best of luck in the New Year.

Phil

Is AC required in Florida for a rental? AC is a luxury here and most places do not have it (but heating is obviously a big issue in New England). Is your HVAC heat and cooling?

Do you have right of entry written into your lease agreement? If so, not really an issue in my opinion. You didn't enter either way so definitely not an issue. Any landlord I know has right of entry written into the lease.

If AC is required or expected as part of your agreement then you should provide it to the tenant. If you are not providing what you agreed to, the tenant should not pay the rent..or at least receive some rebate for having not received the whole product/service. If this is the case, you are lucky you have Section 8 to blame for removing her. If I were the tenant and you refused to uphold your lease, I would refuse to move and I would withhold rent and put it in escrow until you fixed it. I would also demand a discount and let you take me to court if you refused. You are very lucky they have section 8 and get strong armed into moving and paying if they want to continue to get my tax dollars.  

Of course we can only go by what is stated here on the thread. I think we all agree that the situation stinks, but that doesn't mean it could not have been handled better. The tenants safety and well being should have been the top priority, especially after knowing she would have to vacate and the property on less than 30 days notice. (Put yourself in her shoes) The other thing is that Padma knew the property and mechanical systems were old - and most likely not in good working order. If a routine maintenance list was in place, this would have been avoided. 

The good news is, that once the reno is done, Padma will have a great apt to rent - and could even raise the rent. Stay optimistic!

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