Tenant gets "Attitude Adjustment"

James R. · 2016-02-19T18:02:22-08:00

I sometimes have to give tenants, what I call an "attitude adjustment".Below is an email that I sent to a tenant. In her email, she talked about invoicing me for when she had to talk to the utility company. I sent them there to answer her questions and inspect the furnace for a potential gas leak. That night I put her in a hotel and ended up replacing the furnace. Fellow BPers, let me know your thoughts. Am I being too harsh on her, with my response? Stephanie,Please refer to your Rental Agreement Part II, Line #7.There is clearly nothing wrong with any of the appliances. I am not paying for trips to the property, for unwarranted complaints where damages caused are due to tenant negligence or in this case, no damages or repairs were found by the service repairmen, yet a service call was billed to me. Yes, my time is valuable and no where in the lease does it say that I am responsible for removing your hair from a clogged bathroom drain (one example). I cleared the drain for you as a courtesy and did not even get a thank you!I do not take kindly to your "entitlement attitude". I have maintained the property and appliances, per my responsibility. I did not have to put you in a hotel. I only have to provide 1/30th the amount of rent towards a place for you to stay the night. I also could have gotten the space heaters that night, but thought you would appreciate a hotel stay near to your workplace. Did you appreciate it? I guess not! Sending me an invoice for your "inconvenience" is another "entitlement attitude" response, which I do not appreciate. I could charge you for ALL of the service calls to come to the apartment, but I decided to charge you for only half, accepting the other half myself. Instead, I get your less than appreciative email response.Submit the requested payment for $99.88 in a separate check along with your March rent. Please see to it that it is deposited by my bank on or before the 1st. You have been late twice, since you moved in. The bank deposits checks the very day that they are received, however I gave you the benefit of doubt. I will not be doing that again. On another note, I have decided to let you out of your lease effective immediately. You will have the month of March to find a new place to live. Market rent is $875 for the apartment and I would like to pursue finding a new tenant for an April move-in date.

Chris MasonPro Member

Moderator

Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes

10y

*grabs popcorn*

8 Reply

Leland Barrow

Investor · San Marcos, TX · Member since 2015 · 272 posts · 360 votes

10y

Name calling will only escalate it. Business should be a no drama zone. State the facts and answer only the questions you have a legal obligation to answer. CYOA by always putting the ball in their court. Learn how to tell someone to $@&"& off and they thank you for doing it. Ignore everything else. About as far as I would go is to tell them "if you want to be the landlord I will entertain any offers, until then please respect my time".

6 Reply

Anthony R.

Property Manager · Lakewood, OH · Member since 2015 · 250 posts · 258 votes

10y

Ehh this is borderline childish. You're a business owner, not someone commenting on facebook. Act like it. Be the bigger person and side step the drama. If this tenant has an entitled attitude then don't react to it. You state the facts. You acknowledge your obligations and you side step the drama. That's what grown ups do. If this tenant has a problem with something that you've done they can move or sue you.

If in fact they do sue you and they take this letter to court how is that going to make you look to a judge? It's going to make you look like a joke. That's how. Never,ever, would you get a letter like this from AT&T or the IRS so why would you expect to send this to one of your customers?

One final parting note, canceling their lease like this? What the hell is that? Where is the proper notice? I find it hard to believe that someone with 10 years of experience in rentals would send a letter like this. This is probably the most unprofessional communication I have ever seen from a landlord and my entire business revolves around finding properties in distress from people that don't know what they're doing.

Be the bigger person

12 Reply

Justin R.

Developer · San Diego, CA · Member since 2015 · 1k+ posts · 1k+ votes

10y

IMO, you're not being harsh, but you are not being professional. Just focus on whatever you have to do to get the outcome you're looking for. State the facts, state your expectations, and avoid using "I". The conversation should be about facts and no longer than necessary. How we feel is irrelevant... Our job is to get results.

2 Reply

James R.

OP

Investor · Member since 2015 · 222 posts · 173 votes

10y

Fellow BPers, thank you for your feedback!

So far, you have indicated that I have acted "less than professionally".

My take on your comments:

1) I don't believe that I called my tenant any names, I simply expressed what is an "entitlement attitude." I was completely calm and unemotional when I wrote this, by the way.

2) This tenant falls into the category of "you as a landlord cannot do enough for me and you should count your blessings that I am living in your building." The fact is, I have never in 16 years had a problem filling any of my units in a week or less at market rent or above.

3) I have been a landlord for 16 years and in all that time, I have never gone to court once for anything and I have never had to evict anyone.

4) After 16 years, I think that I am doing everything right, but it is always nice to get other landlords' feedback on a site like this, to keep things in perspective.

I don't have to write an email like the one above often. Most of my tenants stay on average 5 or more years and are very happy. I expect this tenant's response will be something to the effect of "I'm sorry." "I love living here and I will remit the check for the service calls as requested with March's rent."

Again, thank you all for your feedback and if anyone else wants to give me their 2 cents, have at it!

0 Reply

Brian Mathews

Contractor · Round Rock, TX · Member since 2013 · 767 posts · 389 votes

10y

You're writing an email like this and you're expecting them to be grateful and tell you how much they love living there? I don't think so. If the relationship with your tenant has progressed to writing an email like that, then I think you might be in a for a battle and possibly some damage to the property on their inevitable exit from your property. That is a drama filled email and if it does go to court, as somebody mentioned, the judge could have fun with it. Just state where in your lease it addresses their issues and leave it at that. If your lease states that they must pay for the clogged drain, then they pay for it and that is that. Don't get your panties wadded up because they didn't tell you thank you for fixing the drain or putting them up in a hotel. I at least wouldn't put that in what could become a legal document to a judge

1 Reply

Brenda Lyons

Toledo, OH · Member since 2015 · 63 posts · 27 votes

10y

I sure that person won't find a good landlord like you :-)

1 Reply

Ned CareyPro Member

Moderator

Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes

10y

@James R. You asked for feedback and got legitimate feedback that was pretty unanimous. Then you ignore the advice and get defensive.

Your email may have been perfectly justified but that does not mean it was well written. It was not. For example, you use words like I, me, or mine, 22 times, but you, your etc only 16 times. The correct ratio for an effective business letter should be the reverse of that. Also I would not that about the only time you used the words "you or your" were when you were criticizing her actions.

You points were legitimate. Your way of communicating them can be improved.

You cannot unilaterally end the lease. You can let her move but not force her to move.

6 Reply

Robert Melcher

Residential Real Estate Broker · San Antonio, TX · Member since 2016 · 506 posts · 311 votes

10y

Any communication should reference a section of the lease. Document, but enforce it as written. It's a contract.

0 Reply

John D.

Rental Property Investor · La Quinta, CA · Member since 2014 · 1k+ posts · 779 votes

10y

When you say things like "I did not even get a thank you!" or "Did you appreciate it? I guess not!" you are conveying emotion, appreciation and thank you's are unrelated to your contract, and talking in a non-professional manner, given this has nothing to do with either parties responsibilities.

Saying this person has an "entitlement attitude" is in effect name calling -- you are calling them entitled (and telling them they are acting as such).

You write "I was completely calm and unemotional when I wrote this, by the way." but the email was peppered with emotion. You didn't get thanked, you didn't feel appreciated, you think they seem entitled......these are not unemotional words, but rather quite the opposite.

8 Reply

David Dachtera

Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes

10y

@James R.

I have to agree with the others. You "stooped to the tenant's level".

A calm, matter-of-fact response would be appropriate - all business, no emotion or indignity.

If you want to make a point, ask your attorney to help you put in some "legalese" relating to the lease agreement and who is responsible for what. Make it clear that you have the upper hand, being the owner and such, but no ego and no emotion.

An adopted mentor of mine taught me: "Refuse to be offended."

David J Dachtera

"Success is not a destination. Failure is not an event. Success is a process, failure is a choice."
- DJ Benedict

5 Reply

James R.

OP

Investor · Member since 2015 · 222 posts · 173 votes

10y

@Ned Carey

Thank you for your feedback! This is exactly why I posted this email here.

The words that I used are much more informal and should have been crafted to reflect more "business".

I really appreciate your opinion.

I don't think that I have tenants staying in my buildings on average 5 or more years, because I am a bad landlord. On the contrary.

I guess, the fact that I am often unappreciated for my efforts as a landlord, when I go above and beyond, got to my rational brain here. My point was made, but as you wrote it can be improved!

In regard to unilaterally ending her lease, my words were "let you out of your lease". I simply want her to know that if she is unhappy living there, she can move. That is not a problem.

1 Reply

Chris MasonPro Member

Moderator

Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes

10y

@James R.I read the following as asking her to depart the premises:

"On another note, I have decided to let you out of your lease effective immediately. You will have the month of March to find a new place to live."

You did not technically say that she was getting the boot, but a reasonable person might very well read it as such. If you go to work and your boss says this, you're probably going to think you just got fired:

"On another note, I have decided that your services are no longer needed here. You will have two weeks to find a new place to work."

*returns to popcorn*

4 Reply

Nnabuenyi Anigbogu

Chicago, IL · Member since 2015 · 298 posts · 261 votes

10y

I would have to agree with what was stated above. The email was in no way unemotional. All aspects of it related to you not being appreciated in some way by the tenant. That could be the truth but that is a facet of emotion and not plain facts.

It is ideal for a tenant to thank you for times you go above and beyond for them. However humans are humans and you will not get thanked most of the time. It is not mandatory that they appreciate of than you. All that is mandatory is that they follow what is in the lease. Also on that note you are not allowed to unilaterally end the lease whenever you want. The lease ends when it ends according to the contract or when the two of you mutually agree to end it.

0 Reply

James R.

OP

Investor · Member since 2015 · 222 posts · 173 votes

10y

Ok. Message received. Again, I appreciate all of your positive and constructive feedback.

@John D.You are so correct! I was emotional and I did infer that this person is "entitled" which is name calling.

This is exactly why I posted this email. Sometimes one doesn't always see the error of his ways.

Now, I want advice on if I should follow-up with an email to my email or wait for her response? I mean, if she is stewing now about having to move, I don't want that as a miscommunication either.

Any help is appreciated!

0 Reply

Chris MasonPro Member

Moderator

Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes

10y

"

Hi Stephanie,

I wanted to make a point of clarity.

Towards the end of my last e-mail, I was releasing you from your obligations under the lease to remain and pay rent for the duration of the contract, meaning that if you are unhappy with my services as landlord you are now free to leave without [consequence specified in the lease] if you provide XX days of written notice to me.

If you'd like to remain for the term of the lease, that's also certainly an option available to you.

As a landlord, I want happy tenants. If a tenant is unhappy, I don't want them to feel trapped in the property. Neither of us want that toxicity in our lives, so I was merely opening a door for you that you are free to exit through if you wish.

If you decide to stay, however, I'd really appreciate it if you took more responsibility for things like your hair in the drain and taking care of the appliances that I've provided for your use.

Thanks,

@James R.

"

Bad cop in last email, good cop in this email. Hey, maybe it will actually "adjust" her attitude towards her tenancy.

11 Reply

Anthony R.

Property Manager · Lakewood, OH · Member since 2015 · 250 posts · 258 votes

10y

Going forward is tough in your case. If the tenant truly is a pain then any apology is going to destroy what's left of your authority base and they are going to walk all over you. That said, you need to clarify your implication that their lease is ending. Otherwise you might have some legal troubles ahead.

I would send them a letter something to the effect of:

NOTICE TO TENANT:

Per your lease, section whatever sub section blah, you are required to do x,y,z. You recently requested blank service from me. This is not covered in your lease agreement. I have attached a copy of your agreement so you may review it. Please feel free to submit an appeal if you feel that this is decision is not in accordance with your lease. I am happy to review it.

Your lease doesn't expire until date whatever. However, I have decided that if you wish to leave you may do so, penalty free, by date whatever. If you wish to do this you will need to submit a letter of intent with your next rental payment. Otherwise my offer will be rescinded and you will be required to stay for the remainder of your lease.

As always please feel free to contact me with any questions you might have.

Respectfully,

-The most professional landlord ever, so in your stupid face

2 Reply

James R.

OP

Investor · Member since 2015 · 222 posts · 173 votes

10y

Ok, folks. What's the verdict on Chris M's email response. Any tweaking required? I will change the details to suit, but is the "tone" okay?

Also, what you didn't get from my original email is that the tenant called me 5 different times over about 5 months saying that the clothes washer wasn't working. Within 48 hours each time, I had a repairman there. Two different repairmen were at the property during this timeframe of 5 months and each time said that it was working perfectly. I tried communicating with this tenant to try to find out what she was doing to make her think it wasn't working. I finally asked her to put a bunch of towels on top of the washer and I would wash them through a cycle. The clothes washer worked perfectly.

One of her special requests was that only I could be there while the repairman worked on it. She did not want a strange man in her apt. without me being there. It seemed like she was trying to drag me down there for no reason, which in her email she implied was "getting what she paid for, by paying me rent".

0 Reply

Anthony R.

Property Manager · Lakewood, OH · Member since 2015 · 250 posts · 258 votes

10y

@James R. I've had a couple tenants demand that of me. I tried like hell to find a law that clarified if I could hire someone and send them in with proper notice but the law in Ohio seemed ambiguous. The way I get around this now is I build it directly into my lease. I say explicitly in the lease that with 24 hours notice I can come in to do repairs or someone that I contract can come in to do repairs, regardless if they're there or not.

Even if there was a clear cut law, having it built into the lease just seems to make things run smoother.

0 Reply

James R.

OP

Investor · Member since 2015 · 222 posts · 173 votes

10y

The tenant's lease was up for renewal and she said that she wanted to stay another year. So, I renewed it for one year effective April first (60 day notice). I was willing to put the multiple trips to the apartment for no apparent reason behind me. I also thought that she was pretty happy about the new furnace. She even told me that it was "fun" staying in hotel. Then 2 weeks after signing the renewal, she said that the clothes washer still wasn't working. That is when I called a service repairman (he had been to the property for this before as well as one of his coworkers) for the final and 5th time. I had loaded towels prior to his arrival and the cycle finished about 10 minutes after he got there. He inspected the washer and said that it was working perfectly. Five times!

I have documented ALL of the emails, one streaming after another, with a final email listing the five dates over 5 months, when nothing was found wrong with the washer and a request for her to pay half of the service fees.

0 Reply

David Dachtera

Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes

10y

To the larger audience...

@James R.'s experience underscores why I advocate NOT self-managing.

Look at the time, effort and emotional investment he has made in this one tenant. His time alone was probably worth ten or more times what he "saved" by not paying a PM. I always like to ask this question: "How much (money) can you AFFORD to 'save'?"

Plus, that's a personal investment - time and effort - which cannot be reimbursed by his business entity. Lose - lose - lose all around.

Your time is your most precious - and profitable - resource! Why squander those "dollars" chasing after "pennies"?

David J Dachtera

"Success is not a destination. Failure is not an event. Success is a process, failure is a choice."
- DJ Benedict

0 Reply

James R.

OP

Investor · Member since 2015 · 222 posts · 173 votes

10y

@David Dachtera

With all due respect, I would not have it any other way. The above situation rarely comes up. For the most part, my self-management of my rentals is on auto-pilot and I spend my days doing whatever I want at a very young age!

I can spend my days analyzing new RE deals, so that I am ready to take action when an opportunity makes sense. While others are just getting home from their 8-5 cubicle jobs, I can already have a deal in motion.

I have saved TONS of money self-managing! For example: I do not buy properties that cash flow $100 a door. I buy one property that cash flows at least $500 a door. I have fewer properties to manage, better tenants AND these properties have appreciated 2-5% over the last 16 years, the recession years aside. Five or six of these and I'm fine. Others buy 20 and 30 pigs with little to no appreciation. A property manager would be essential for all of these pigs, given the amount of headaches that come up with the caliber of tenants that they find to live in their pigs.

I appreciate all of the feedback, but this tenant has not caused me to lose one wink of sleep. I will be back to my usual freedom today.

A round or two of golf sounds good.

0 Reply

Colleen F.Pro Member

Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes

10y

This is the email you write to get it out of your system but don't send it. When I feel like this I usually apply a 24 hour rule before I send. When you go back and read it you see it is how you feel but it isn't what you should say and you re-write. In this case less is more.

If you want the service call payment just say per the terms of the lease please remit x for the service call in a seperate check with your March rent payment.

If you want the tenant out I would just say I am giving you 60 days notice that we are canceling the lease renewal (you might check with a lawyer if you can do this). You appear to be no longer satisfied with the property. Ignore any invoice she sent to you, just remind her at the end that all your actions met or exceed the terms of the lease and landlord tenant laws in your state. Say you are sorry that she isn't happy and you are freeing her to find a property that meets her expectations.

If she talks to you then I would say things like it is the 5th service call for this appliance with nothing found or we put you up in a hotel when the furnace went out and stick to the message that you meet or exceed the terms of the lease.

Yes, she needs an attitude adjustment but she is not going to hear the details you share so stick to a short simple message. We treat you well and per the lease terms, if you aren't happy then we are letting you move.

3 Reply

James R.

OP

Investor · Member since 2015 · 222 posts · 173 votes

10y

@Colleen F.Thank you for your response! You are absolutely correct across all points!

In retrospect, I did not follow my cardinal rule...wait at least until the morning or 24 hours to respond. My response would have been crafted in a much more "business" frame of mind.

We have all had the above tenant at some point, I'm sure. "Princess Stephanie" is the label my girlfriend gave her. "Princess Stephanie" doesn't know how to use a clothes washer or "P.S." wants to be reimbursed for the dinner she had to buy that night she stayed in the hotel and for breakfast the next morning because the complimentary buffet was not to her liking.

I won't generalize millennials, but this woman is in that generation.

Thanks again for your feedback and advice.

0 Reply

Gail K.

Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes

10y

Your tenant does sound like more than a bit of pain. However, I have to agree with the others that your letter to her was loaded with emotion and while it is understandable you don't want to stoop to her level.

It's not all that unusual that a female tenant might want a landlord present when an unknown male repairman is there to attempt to address what the tenant claims is a repair issue. My father was a "building superintendent" (fancy name for janitor) for many years in Illinois and every time he addressed a repair issue that involve a single female he took my mother with him. He would never address a repair issue with a female tenant alone.

I think you've done enough on this washer business and a better approach would be to offer this tenant the "Happy Clause". And you did tell this tenant you were kicking her out when you wrote that she had the month of March to find a new place to live. If you two have a signed lease starting in April then there is the risk of an illegal eviction. If no lease has been signed then there is the possibility of not providing adequate notice regarding this 60 day business of not renewing the lease on your part.

Gail

3 Reply

Tenant gets "Attitude Adjustment"

Tenant gets "Attitude Adjustment"

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