Tenant invites evicted subletter to visit and other grievances

Tenant invites evicted subletter to visit and other grievances

Investor · Lafayette, LA · Member since 2014 · 10 posts · 2 votes

My rental property is a historic home, divided into 3 units. I have successfully rented them for the past 13 years (until 6 months ago) on a month-to-month basis with no written leases. It's a small town, so folks know each other (yes, we are "up in each other's business"), and a lot of deals are still done on a handshake. Anyhow, no lectures necessary, I am switching to written leases in the new year!

My upstairs tenant of two years, F., always pays on time and occasionally volunteers his labor to make agreed upon improvements to the property.

About six months ago, I had a bit of a falling out with F. I had given 6 weeks' notice to my downstairs tenant, C., who had lived there for one year, that I needed the apartment back for a sick relative. Long story short, C. went off the deep end, sent numerous whiny and/or mean text messages, and threatened me with legal action, when I was actually being generous, because by law I could have given her only 10 days' notice. F. invited C. to move upstairs with him, but I refused to have C. remain a resident because of her threats and her overall response to me. C. didn't want to move upstairs anyway, but F. let me know that resented me telling him who he could have in his home, and proceeded to give me much unsolicited advice about how I was making a huge mistake having my relative move in.

About four months ago, F. informed me that he had invited a homeless man, M., to live upstairs with him so that F. could help him get on his feet. I didn't like the idea, but I didn't object because I found out after the fact, and because I deferred to F.'s good judgement and character prior to the incident with C. Most days F. and M. get along well, but there are occasionally loud arguments and fisticuffs around 11:00 pm or midnight, and on 2 occasions now, the police have intervened.

As of Monday the 21st, F. told the Justice of the Peace that M. had moved out, following a posted Notice to Vacate the week before, which was done on mutual agreement between F. and myself.

On Christmas Eve, I noticed F. and M. entering the property together. I let them be because of the holiday and they had a quiet night, but now I have to decide if and how to address M. visiting.

On the one hand, F. pays on time and I do appreciate the improvements.

On the other hand, I am fed up with F.'s attitude toward me and my relative, who lives in the downstairs unit. (I have now received what I assume are drunken text messages calling my downstairs relative "a nosy spy who should mind her own business" because she told me that M's brother (the one with recent prison time??) was sitting on the front steps for several hours and asked her if she know where M. was.

I'm also concerned for everyone's safety. What if their next argument involves a weapon? What if M. or his associates are criminals? (I wish I had done a background check on M. before he moved out....can I require one now?)

I have to decide if I've had enough and F. needs to go, or I'll give F. another chance with a written lease that includes a 7 consecutive days/30 days total per year limit on guests.

I'm also thinking if the police come again, I'll have F. move out and be done with it

What do you think? Thanks for reading!

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    Time to give F notice, unless you just need the drama in your life.

  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    10y

    I agree with @Wayne Brooks.  The fact that you are posting this here on the forums makes me think you know serving F is the right thing to do and you are just looking for confirmation.  Well, here is another vote to get rid of him.

    Also, I know you live in a small town, but trying getting a business number for tenants to call so you can avoid them blowing up your personal cell with random late night drunk texts.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    10y

    As a Property Manager, I get a lot of business from Landlords like yourself. You don't screen applications, you don't use a written lease, and you probably rent below market value with the assumption the tenants will show their appreciation by paying on time and taking care of the place. This sometimes works for many years but eventually bites you. In the end, it almost always ends up costing you more than you ever saved.

    Get them to toe the line or move out. Meet with an attorney to get a solid lease agreement you can use, even with your relative. Screen applications, put them under contract, and ensure you are renting at market rate - or at least close to it - so you don't get all the riff-raff.

    The DIY Landlord Book4.7247 Reviews
  • Investor · Lafayette, LA · Member since 2015 · 152 posts · 50 votes
    10y

    I would say having the police called twice would put them over the line, get them out before something happens to your property. No messing around trying to justify giving them another chance or a written lease.

  • Residential Real Estate Broker · Indianapolis, IN · Member since 2009 · 477 posts · 304 votes
    10y

    Sounds like one of my "All Star of the Month" tenants!  Their prize is they get notice to vacate.... If I spend over an hour a month thinking about a tenant or owner, because of issues, they get the boot... My sanity is worth more than fretting over stupid stuff...

    Had an owner complaining all the time about our prices.. $35 to clean gutters, and you are throwing a hissy fit? You the all star of the month! Thanks for coming, you can go now! haha

  • Investor · Lafayette, LA · Member since 2014 · 10 posts · 2 votes
    10y

    Thanks everyone for the great feedback!

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