tenant gave notice and an ultimatum

tenant gave notice and an ultimatum

Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes

Just got a call from my tenant that gave their 30 days notice .She wants to meet me tomorrow at noon for her final walk thru . Now she says she wont give me the keys until I give her security deposit in full ., then and there . I explained to her thats not how it works , I mentioned some of the damages than I noticed from the outside  ( all the screens and frames are gone , grass is tall , beds are full of weeds ( real small but her responsibility )  And I havent seen the inside empty . I explained I have 45 days .  She says , then I wont get the keys for 45 days .   I told her to go read the Md laws , and that playing that game could be very expensive to her .  She then screams the screens were cheap and thats not her problem   ( brand new windows and screens ) She wont cut the grass the lawn is too big .      

i told her tomorrow , she signs that she has given up the house , hands me the keys  ( I change the locks anyway )  Screens , grass and anyother damages are deducted from the deposit . If not she is still renting and i will file for an eviction etc .   She then says if I dont have a check in hand I wont sign a thing and no keys . 

I am taking a witness with me tomorrow 

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San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
10y

I highly suggest that you resist getting into any arguments with her at all.  It would be great if your witness could also video record it all.

Your mission:  Ignore her completely, as you walk though and write everything down that relates to the walk through, and say it out loud for the camera.  Ignore all of her arguments and attempts to discuss any of it.

At the very beginning, for the camera, in front of the tenant,  I would say that because the tenant has threatened to not hand over the keys unless you immediately turn over her security deposit in cash, that you are deliberately not engaging in any arguments with the tenant, that you brought a witness, and you are putting everything in writing and also saying out loud what you have written down.  That you have explained the laws regarding returning security deposits, but the tenant has still said she would not hand over the keys until she receives her deposit, even though law says you have 45 days.

When you are through with your walk-through, take a photo of the written walk-through document, unless you can otherwise make a copy right then and there.

Turn to the tenant and ask for the keys.  If she refuses, turn to the camera and witness and say, "In front of the witness and the video recording, the tenant has refused to vacate."  To the tenant say, "As you are still in possession of the premises, I will begin eviction proceedings immediately."

Then, if her tenancy is up, I would hand her the eviction notice right then and there in front of the witness and the camera.

That's what I'd do.  I don't suffer bullies. 

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  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    10y
    Originally posted by @James DeRoest:

    Not sure why so many people are saying that you should avoid the scene.

    Are you afraid?

    There are times when an situation is engineered beyond your call, and it's time to roll up the sleeves, put your big boy pants on and go protect your investment.

    The tenant in this case has left the OP with so few choices, he had no choice but to grow some balls and get this sorted. As for all the fraidy-cats hiding behind bits of paper, and so forth, please.....

    You have a 5-6 figure investment and the best some of you can do is cower.

    I got a set , rather large set .  I learned long ago , I sit in the big chair , the tenant sits in the little chair

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    10y
    Originally posted by @Account Closed:

    Forget the keys, you don't need them. It's $35 and one hour to rekey my house, just a cost of doing business. Politely explain there is no discussion about the security until you see the vacant property. Take photos of the damage and save your receipts to show the judge, but it will never come that.

    And with a bump key I can be in the house in about 10 seconds . 

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    10y

    Update . she got everything out in time . I told her she can meet with me at 7 am  monday for the walk thru .  She told me it has to be in the evening , so I told her its at 7 am , because the painter is coming at 8 am . She says  her boyfriend will be there (not on the lease)  I tell her no , he has nothing to do with it .   Painter comes in paints the 5 walls she painted with out approval  ( 2 coats ) , he cleans up the paint she got on the recently done ( 1 year) wood floors .  She repaired 1/2 the screens , the 3 missing were $ 75.00 repaired at the hardware store .  

    So I send her the repairs totals deducted from the security deposit      Paint $ 62.00  Painter $380.00  Screens $ 75.00  septic pumping $ 125.00  Grass cutting  $ 95.00  ( about 10 inches tall)  Screen labor  $ 75.00  cleaning  $ 100.00  for a total of  $ 912.00  deposit was $ 1175 . so she cot the difference . Sent certified mail .

    Then I got a call .   " This is BS , the walls looked better when I added some color , the paint foot print is where a bed goes so who cares , It doesnt cost that much to paint , you could have done it instead of calling a painter , you have tractor , why didnt you cut the grass .  It was as clean as I could get it , it was getting dark and I already had the electric cut off  I couldnt see .  ( a lease violation) .  Why should I pay to pump your septic tank ?  ( its in the lease) . YOU could have done all that to save me money . 

    My reply to her . Read the lease , you were not suppose to paint , you had to cut the grass , the place was to be wiped down and cleaned .  I DID save you money . Why didnt I do it myself ?  Because I would have to leave a paying job to work for free , I dont do that .  Had you not painted , and cleaned , and had the screens repaired  you would have gotten most of it back . 

    Her  " i will see you in court then " 

    Me   "  Ok , but read your lease , there is a section that covers that .

    Her  " F you I threw it away  you need to send me a copy '

    Me   " no , I dont need to send you a copy , but I will bring my copy  with me if you want to go to court .  is there anything else?    ...........Bye 

  • Dawn AnastasiPro Member
    Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
    10y

    All your deductions seem very reasonable.  It doesn't matter if SHE thinks it looked better with the walls painted the color she wanted.  It's not her house to paint the walls.

    My guess is she said "see you in court" and it's a total bluff.  She knows she's in the wrong.  You'll probably never hear from her again.

    Sounds like you handled it just fine.

  • Wholesaler · Riverview, FL · Member since 2011 · 28 posts · 9 votes
    10y

    Intently waiting for the update ;)

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    10y

    Nope , didnt jack up the price , just paid someone else to do it .   I could have done everything myself . BUT , I bill out more doing my work , than the painter charged .   I do this just because of the off chance I do have to go to court and the judge questions the charges. If I pay another contractor , its fine . BUT If I bill the tenant from MY company  there could be a conflict of interest 

  • Rich N.Pro Member
    Investor · Haverhill, MA · Member since 2015 · 761 posts · 328 votes
    10y

    @Matthew Paul

    wow, a lot of drama/confrontation.  My suggestion is next time ignore all the rants and just respond back "thank you for the update. please let me know what day and time you will be out and I can meet you for the walkthrough". 

    Day of the walkthrough, bring a set of locks with you (be prepared to change them) and leave them in your car.  Meet the tenant and if they are not out completely, just state" oh, looks like you need more time, I will be back in xx hours" .  If they are out, perform the walkthrough.  Document and take pictures as needed.

    At the end of it all, then you state "okay, I will put this all together and send you the report.  FINALLY if there is going to be drama, it will be now.  My point is all the drama and threats and possible damage before this is just a waste of energy.

    If the tenant flips out and demands anything, now you say, I do not have the report ready and according to the lease I have xx days to send it to you.  Where would you like it sent?"  Either the tenant will start communicating or still rant and storm out with the keys.....who cares?  Once the tenant is gone (wait a few minutes), then go get your locks and change away.

    For folks that would say the tenant still has the keys......wouldn't you change the locks anyways?  I always change the locks.....to me getting the keys is a farce.  Think about it, if they were jerks, don't you think they would have made a spare key...just change the lock.

    As long as you have the tenants original letter/email (hardcopy) of her terminating and ending the lease you are safe.

    All the other stuff you did with the return of funds and hiring the people is right.

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y
    Originally posted by @Rich N.:

    @Matthew Paul

    wow, a lot of drama/confrontation.  My suggestion is next time ignore all the rants and just respond back "thank you for the update. please let me know what day and time you will be out and I can meet you for the walkthrough". 

    Day of the walkthrough, bring a set of locks with you (be prepared to change them) and leave them in your car.  Meet the tenant and if they are not out completely, just state" oh, looks like you need more time, I will be back in xx hours" .  If they are out, perform the walkthrough.  Document and take pictures as needed.

    At the end of it all, then you state "okay, I will put this all together and send you the report.  FINALLY if there is going to be drama, it will be now.  My point is all the drama and threats and possible damage before this is just a waste of energy.

    If the tenant flips out and demands anything, now you say, I do not have the report ready and according to the lease I have xx days to send it to you.  Where would you like it sent?"  Either the tenant will start communicating or still rant and storm out with the keys.....who cares?  Once the tenant is gone (wait a few minutes), then go get your locks and change away.

    For folks that would say the tenant still has the keys......wouldn't you change the locks anyways?  I always change the locks.....to me getting the keys is a farce.  Think about it, if they were jerks, don't you think they would have made a spare key...just change the lock.

    As long as you have the tenants original letter/email (hardcopy) of her terminating and ending the lease you are safe.

    All the other stuff you did with the return of funds and hiring the people is right.

     It's so helpful for landlords and managers to have a list of answers/comebacks for different situations with tenants.  I had to compile a list of answers/delay tactics, because they would catch me off guard and sometimes I'd say yes when I should not have, etc. 

    I love your answer to a rant = "Thank you for the update."  LMAO! I'm going to use that in my now retired life when someone ever rants at me.  "Thank you for the update" and walk away LMAO!!!!  What can anyone do with that?  God, that's so precious!

    Tenant: "RANT RANT RANT RANT RANT RANT!!!!!!!!!"

    You: "Thank you for the update."

    This is just the best response ever to a ranting tenant.

  • Rich N.Pro Member
    Investor · Haverhill, MA · Member since 2015 · 761 posts · 328 votes
    10y
    Originally posted by @Account Closed:
    Originally posted by @Rich N.:

    @Matthew Paul

    wow, a lot of drama/confrontation.  My suggestion is next time ignore all the rants and just respond back "thank you for the update. please let me know what day and time you will be out and I can meet you for the walkthrough". 

    Day of the walkthrough, bring a set of locks with you (be prepared to change them) and leave them in your car.  Meet the tenant and if they are not out completely, just state" oh, looks like you need more time, I will be back in xx hours" .  If they are out, perform the walkthrough.  Document and take pictures as needed.

    At the end of it all, then you state "okay, I will put this all together and send you the report.  FINALLY if there is going to be drama, it will be now.  My point is all the drama and threats and possible damage before this is just a waste of energy.

    If the tenant flips out and demands anything, now you say, I do not have the report ready and according to the lease I have xx days to send it to you.  Where would you like it sent?"  Either the tenant will start communicating or still rant and storm out with the keys.....who cares?  Once the tenant is gone (wait a few minutes), then go get your locks and change away.

    For folks that would say the tenant still has the keys......wouldn't you change the locks anyways?  I always change the locks.....to me getting the keys is a farce.  Think about it, if they were jerks, don't you think they would have made a spare key...just change the lock.

    As long as you have the tenants original letter/email (hardcopy) of her terminating and ending the lease you are safe.

    All the other stuff you did with the return of funds and hiring the people is right.

     It's so helpful for landlords and managers to have a list of answers/comebacks for different situations with tenants.  I had to compile a list of answers/delay tactics, because they would catch me off guard and sometimes I'd say yes when I should not have, etc. 

    I love your answer to a rant = "Thank you for the update."  LMAO! I'm going to use that in my now retired life when someone ever rants at me.  "Thank you for the update" and walk away LMAO!!!!  What can anyone do with that?  God, that's so precious!

    Tenant: "RANT RANT RANT RANT RANT RANT!!!!!!!!!"

    You: "Thank you for the update."

    This is just the best response ever to a ranting tenant.

    haha. I have a list too. My fall back answer is ... oh, I will have to check with the rest of the team/partners/owners and get back to you. It answers them but doesn't answer them ! It gives us time to figure out what is right for us.

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