tenant says heat "not working right"

tenant says heat "not working right"

Real Estate Agent · Manchester, NH · Member since 2016 · 22 posts · 2 votes

So here's the situation, tenant (has been there for a year and a half, month to month lease, never any problem except she doesn't pick up dog poop, which I have been way too lax on so far, because she has been a very good tenant otherwise) text’s me on November 22 saying that her heat is cycling but not getting above 60 in her house. I immediately get back to her, schedule an appointment for my handyman (who has a background in heating and ac) to come check it out. We go in the next day, it is 72 degrees in her house, granted it was not a cold day and she also had a space heater running (not allowed per her lease) He looks at heater and said it is running fine, but suggests I get it serviced (yearly) as it will help it to run “smoother” also found two radiators that were not working, so he ordered the parts, which took a week to come in, I made an appointment for service (first available appointment was Dec 19th, which I thought was ok, scene it is not “broken”) and I bought her plastic to put on her windows. It’s an old house I always plastic my windows as well. So, he installs the new valves on the radiator, a week later and minutes after she texts me that the heat is still not working. Then, I'm outside and she STORMS out of her house, I ask her “have you adjusted the valves?” and she starts screaming at me that this is unacctable  that I am not having it serviced oil the 19th. I explain to her again that it is not a repair service or an emergency (because her heat is working), it is just maintenance and that that is the soonest I could get an appointment. she goes inside and slams the door. The temp outside during this conversation was 55.
So, Monday we had our first snow, I’m shoving outside and she comes home, I ask her to pick up the dog poop that is in front of me ( it gets way grosser in the snow, so I want to get on it right away Especially because i know that there are at least 20 piles from her dog underneath the fresh snow) so I ask her to pick it up, she says “Of course I always do” (uhhhhh?!) then says ( with attitude) “its still really cold in the house” Ok, she wants to start and argument, it goes on, I tell her I’m doing everything I can to help her I've made the appointment, had the valves fixed, and gave her plastic, I was told it is working fine so it is not an emergency situation. It goes back and fourth and she says “it was 20 degrees in my house the other night” ( if it’s 20 degrees in the house I'm thinking that WOULD be an emergency, and I should have got a phone call then, not mention it two days later because I asked you to pick up dog poop.) She also brings up a leak in her bathroom, that I am aware of it had leaked during a major rainstorm before she moved in, so any time there is major rain, I text her to make sure it isn't leaking, it has only happened 3 times in 3 years so Its on my to do list, but it has not happened in over a year. So, I’m offended, she's accusing me of not doing my job as a landlord and I’m taking it personally. Its hard to take her seriously when 1) I was told the heat was working 2) she's bringing up problems with the house that do not affect her (leak in the bathroom) 3) she tells me to my face that she cleans up her dog poop when i can see 20 piles! 4) that she opens the door wearing a t shirt (if its that cold in your house put on a sweater!!!)
I just want to make sure I’m doing everything right, she said “according to the state of NH” I’m not. alluding to reporting me. This is all so out of character, so I’m assuming there is some other problem in her life. But I am taking it personal, I pride myself on taking good care of my tenants so I’m offended that she's implying I don’t. Also, now it IS cold out, I really want to make sure there is not a real problem so I tried to get a sooner appt for service but have not herd back yet. I also want to tell her NO space heater, as it is clearly stated in her lease, but haven't mentioned anything about it. If I’m doing anything wrong please tell me.

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Real Estate Investor · Raleigh, NC · Member since 2012 · 427 posts · 297 votes
9y

"also brings up a leak in her bathroom, that I am aware of it had leaked during a major rainstorm before she moved in, so any time there is major rain, I text her to make sure it isn't leaking, it has only happened 3 times in 3 years so Its on my to do list, but it has not happened in over a year. So, I’m offended, she's accusing me of not doing my job as a landlord and I’m taking it personally."

If you have a roof that has leaked 3 times and you have not fixed it then I would agree with her you are not doing your job. No offense, but you call it a "big project looming over your head." It is not a project, it is a responsibility, and you have to get it fixed. You can let a leak at your house be on your to-do list, when it is a rental you need to fix it.

"Since she is month to month you can serve her notice to leave if you want or reminder her she is able to leave at her will. Send her letter (via email and mail) just to document the issues. Include pictures of the dog poop etc. The leak you should have taken care of along time ago! Pull out your cell phone next time she starts acting like a child and start recording it. Then ask her if we can go in and look a the thermostat and see the temperature."

This could be seen as a retaliatory eviction. I do not know the New Hampshire laws, but be careful if you think about doing this.

Also, is this a duplex or across the street from your house? Why are you outside where she can see you shoveling snow? Or is that something you do for tenants up there? We get 1" of snow a year so I don't know how that works. 

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  • Investor · Portland, ME · Member since 2011 · 81 posts · 27 votes
    9y

    Hi @Mara Witt, sorry for your situation with this Tenant.  I'm not a lawyer, so do contact one should you feel you need legal advice with this situation.

    My first thought is to make sure you are keeping records of any verbal and written communicaiton between you and the tenant.  Unfortunately, it seems to me this tenant does not have a particularly great attitude in general.  Write down any verbal communication and follow up with an email to the tenant confirming anything discussed as soon as possible.  Take any photos needed and definitely keep records of what your handyman said regarding the heat in the house (72 vs Tenant stated "60").  

    To answer your questions in order...
    1) See above.  Record all relevent heating information and communications.  Also, check the language in your lease regarding heat.  If she continues to 'Cry Wolf', you could create an addendum to your lease (which the tenant would have to sign) stating that any heating damages caused by tenant or any costs associated with false heating reports by tenant will be billed to Tenant. Something to that effect. I'm not sure of the legality, so contact a lawyer in this case.

    2) Is there a reason the leak has not been fixed? Is this a roof issue?  I might suggest to get this fixed ASAP.  If you need a new roof, you could categorize this as a Capital Expense and depreciate it in your taxes.

    3) What is stated in your lease regarding dog cleanup? You have to follow your own rules.

    4) This is secondary to the heating issue and is a personal clothing preference by the tenant.  Nothing you can do to enforce her to wear a sweater or a birthday suit.  As long as heat is provided per State Law at a minimum, you should be fine.


    Best of luck! Let us know how it goes.

    Cheers,

    Drew

  • Architect · Papillion, NE · Member since 2015 · 1k+ posts · 840 votes
    9y

    Since she is month to month you can serve her notice to leave if you want or reminder her she is able to leave at her will.  Send her letter (via email and mail) just to document the issues.  Include pictures of the dog poop etc.  The leak you should have taken care of along time ago!  Pull out your cell phone next time she starts acting like a child and start recording it.  Then ask her if we can go in and look a the thermostat and see the temperature.

  • Real Estate Agent · Manchester, NH · Member since 2016 · 22 posts · 2 votes
    9y

    Thanks @Drew MacDermott  Yes most conversations are documented, (thru text messages) 

    the leak in the bathroom is due to the roof. its a big project that is loomoing over my head but because it has only been an issue in monsoon rain storms and has only leaked ( and this is a small leak) into the bathroom 3 times in 3 years  its on my list, but, really has not been a problem for her so its just strange for her to bring it up. 

     The lease states that not picking up after your pet is grounds for eviction.  I know it is on me for not enforcing it enough.  I will  pick it all up, I have a dog too, and then tell her "I just cleaned it all, we need to stay on top of it from now on" too nice i know.

    I don't care what she wears in her house, its just hard to take this complaint seriously.

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Assuming your post is accurate and your are on top of the issues it is time you suggest to this tenant that she should consider moving. Once a landlord/tenant relationship degrades to the point that when a landlords asks tenants to comply with lease (pick up poop) and the tenant deflects the conversation back to landlord deficiencies the relationship is over and is not salvageable. 

    Most small landlords do not pick up on this point and will continue to try and appease the tenant to no avail.

    If she does not want to move your offer should shut her up temporarily but at some point you will need to make the tough decision to replace her. This is the decision most small landlords will avoid like the plague till the tenants stops paying rent and a eviction is required.

    Landlords that respond that you have a responsibility to maintain the property are doing as your tenant in deflecting responsibility back on you to avoid the reality that tenants are usually the problem and will at some point require replacement.

    If there is however a heating problem (possible) once you get it fixed it is unlikely the relationship will improve.

  • Real Estate Investor · Raleigh, NC · Member since 2012 · 427 posts · 297 votes
    9y

    "also brings up a leak in her bathroom, that I am aware of it had leaked during a major rainstorm before she moved in, so any time there is major rain, I text her to make sure it isn't leaking, it has only happened 3 times in 3 years so Its on my to do list, but it has not happened in over a year. So, I’m offended, she's accusing me of not doing my job as a landlord and I’m taking it personally."

    If you have a roof that has leaked 3 times and you have not fixed it then I would agree with her you are not doing your job. No offense, but you call it a "big project looming over your head." It is not a project, it is a responsibility, and you have to get it fixed. You can let a leak at your house be on your to-do list, when it is a rental you need to fix it.

    "Since she is month to month you can serve her notice to leave if you want or reminder her she is able to leave at her will. Send her letter (via email and mail) just to document the issues. Include pictures of the dog poop etc. The leak you should have taken care of along time ago! Pull out your cell phone next time she starts acting like a child and start recording it. Then ask her if we can go in and look a the thermostat and see the temperature."

    This could be seen as a retaliatory eviction. I do not know the New Hampshire laws, but be careful if you think about doing this.

    Also, is this a duplex or across the street from your house? Why are you outside where she can see you shoveling snow? Or is that something you do for tenants up there? We get 1" of snow a year so I don't know how that works. 

  • Investor · Englewood, CO · Member since 2015 · 158 posts · 140 votes
    9y
    Originally posted by @Mara Witt:

    ...the leak in the bathroom is due to the roof. its a big project that is loomoing over my head ...

    Haha! I get it! Good one!

  • Real Estate Agent · Manchester, NH · Member since 2016 · 22 posts · 2 votes
    9y
    It is a duplex in my backyard. I usually shovel or hire a plow ( although the lease states tenants are responsible for there own snow removal) I try to be nice. I cover myself in the lease, but I take care of my property. The leak in the bathroom is small and has not been an issue for her. She is only bringing it up to make it seem like I don't do what I'm supposed to do. I have had it looked at (when it first happened and was told to keep an eye on it but that it was not a pressing issue. On a rainy day it dose not leak, it has only happens when it was a torrential down pour. I know that the roof will need to be replaced eventually but I have put it off, one cause I can't afford it yet slate roof) and also because it has not leaked in over a year. Did I mention it's a small leak? She is month to month, and I will let her know that she is free to go with 30 days notice. I am planning a rent increase in the spring (to help finance the roof) If it is something I need to do right away, I may have to increase the rent sooner. If the consensus is that I am in the wrong for not replacing the roof I will take your advice and start working to get it done. I am sincerely looking for advice to see if I am in the wrong. Her attitude is making it hard to take her seriously. I will call today again to see if they can come sooner to service the heater, I really do want to fix any problems right away, but when I'm told it isn't a problem....
  • Flipper/Rehabber · Allentown, PA · Member since 2011 · 1k+ posts · 701 votes
    9y

    @Mara Witt

    I think first and foremost you have to understand that no matter if someone is paying $100 a month or $10,000 - they all expect the same level of service. 

    I don't understand if the heat is actually working or not currently. Is it working but 2 radiators are not working until the 19th? People are going to expect a reasonable level of warmth, and 2 radiators could put a decent dent in the temperature depending on where they are located. Who is paying for the heating fuel?

    I also feel the roof should be addressed. She might be bringing it up for all the wrong reasons, but it should still be fixed. I would imagine melting snow on the roof would also cause it to leak. Either way, if your walls are getting wet, there is the potential for mold. You could have a mess on your hands.  

    I think you've let this tenant get a little too far without you laying down the law. It might be best to get this tenant out, and start over and be much more strict with the next tenant. This isn't a friendship with the tenant, it's a business. They need to follow your rules or get out. 

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Roof leaks can be fixed without replacing the entire roof. Call out a contractor and get a bid.

    Heat get a real heat guy from a company to make sure the system is properly running and radiators are bled. 

    Dog poop issue is because you permit pets, and I wouldn't. 

  • Rental Property Investor · Phila, PA · Member since 2015 · 276 posts · 111 votes
    9y

    @Mara Witt - sorry but I have to agree with some of the other posters.

    - who pays for the heat?  Electric?

    - get the roof fixed. We have slate too and area/partial repairs on roof are very common in my area.  Poor excuse for a tenant occupied, paying tenant. Not the way a good landlord performs. Sorry. Three years of dealing with a leak, no matter how small, would drive me bonkers...

    - enforce your lease. If your lease sets tenant expectations, enforce them. You 'being nice' about it does no good. You are saying in essence, don't pay any attention to what the lease says, I'm not.

    - I would have handled the heat issue differently. It doesn't appear tenant to be at fault. Instead of giving plastic for tenant to put up - I would have done it myself or hired someone to it. Is the thermostat functioning properly? 

    I'm laying odds the deferred maintenance has something to do tenant behavior.  When ppl pay $$, they expect the service they are paying for. Ppl are just 'wierd' like that. Go figure.  

    Get over being personally offended. It's business.

  • Levi T.Pro Member
    Rental Property Investor · Tucson AZ / Nice FR / Washington DC · Member since 2016 · 1k+ posts · 1k+ votes
    9y
    Originally posted by @Mara Witt:

    So here's the situation, tenant (has been there for a year and a half, month to month lease, never any problem except she doesn't pick up dog poop, which I have been way too lax on so far, because she has been a very good tenant otherwise) text’s me on November 22 saying that her heat is cycling but not getting above 60 in her house. I immediately get back to her, schedule an appointment for my handyman (who has a background in heating and ac) to come check it out. We go in the next day, it is 72 degrees in her house, granted it was not a cold day and she also had a space heater running (not allowed per her lease) He looks at heater and said it is running fine, but suggests I get it serviced (yearly) as it will help it to run “smoother” also found two radiators that were not working, so he ordered the parts, which took a week to come in, I made an appointment for service (first available appointment was Dec 19th, which I thought was ok, scene it is not “broken”) and I bought her plastic to put on her windows. It’s an old house I always plastic my windows as well. So, he installs the new valves on the radiator, a week later and minutes after she texts me that the heat is still not working. Then, I'm outside and she STORMS out of her house, I ask her “have you adjusted the valves?” and she starts screaming at me that this is unacctable  that I am not having it serviced oil the 19th. I explain to her again that it is not a repair service or an emergency (because her heat is working), it is just maintenance and that that is the soonest I could get an appointment. she goes inside and slams the door. The temp outside during this conversation was 55.
    So, Monday we had our first snow, I’m shoving outside and she comes home, I ask her to pick up the dog poop that is in front of me ( it gets way grosser in the snow, so I want to get on it right away Especially because i know that there are at least 20 piles from her dog underneath the fresh snow) so I ask her to pick it up, she says “Of course I always do” (uhhhhh?!) then says ( with attitude) “its still really cold in the house” Ok, she wants to start and argument, it goes on, I tell her I’m doing everything I can to help her I've made the appointment, had the valves fixed, and gave her plastic, I was told it is working fine so it is not an emergency situation. It goes back and fourth and she says “it was 20 degrees in my house the other night” ( if it’s 20 degrees in the house I'm thinking that WOULD be an emergency, and I should have got a phone call then, not mention it two days later because I asked you to pick up dog poop.) She also brings up a leak in her bathroom, that I am aware of it had leaked during a major rainstorm before she moved in, so any time there is major rain, I text her to make sure it isn't leaking, it has only happened 3 times in 3 years so Its on my to do list, but it has not happened in over a year. So, I’m offended, she's accusing me of not doing my job as a landlord and I’m taking it personally. Its hard to take her seriously when 1) I was told the heat was working 2) she's bringing up problems with the house that do not affect her (leak in the bathroom) 3) she tells me to my face that she cleans up her dog poop when i can see 20 piles! 4) that she opens the door wearing a t shirt (if its that cold in your house put on a sweater!!!)
    I just want to make sure I’m doing everything right, she said “according to the state of NH” I’m not. alluding to reporting me. This is all so out of character, so I’m assuming there is some other problem in her life. But I am taking it personal, I pride myself on taking good care of my tenants so I’m offended that she's implying I don’t. Also, now it IS cold out, I really want to make sure there is not a real problem so I tried to get a sooner appt for service but have not herd back yet. I also want to tell her NO space heater, as it is clearly stated in her lease, but haven't mentioned anything about it. If I’m doing anything wrong please tell me.

     You said you sent your handyman to look at the unit because he has experience, is he licensed? Send a licensed HVAC tech, and put this heat issue to rest. If you have an invoice from a 3rd party licensed HVAC saying the unit is working just fine, then that's that. She has no case after that point.

    You want to end the dog poop issue, or any issue like that; apply a monetary fine each time you see the problem is not resolved. People respond to big fines, court summons, and police officers, everything else is just idle threats.

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    9y

    @Mara Witt the impression I get is that you are blowing these issues off like they are no big deal. Two broken radiators and a house that will only heat to 60 degrees is a major problem. How can your handyman say it is operating fine when two radiators are broken? You indicate it is fixed, but she is still making claims it is not, so this needs to be addressed. I would tell her assuming she has the thermostat set to 70, if she ever sees the temperature at 60 or 20 (that is obviously BS) then tell her to call you to come over and witness it. You can also offer to have an independent service tech look at the furnace and if they find a problem, you will fix it. If it checks out good, she pays the bill. Pick a local company with good reputation. Either way, you need to put the temperature complaints to rest. Is there a reason you are not letting her use a space heater, because if that makes her more comfortable then why stop her?

    As far as the leaky roof, you need to get it fixed. There are ways to address leaks without replacing an entire roof. Very often some tar around a vent or at a leaky point will temporarily fix a problem. Three times in three years warrants action. You may not want to deal with it, but blowing off a problem makes you look non-responsive as a landlord. It is like not picking up some dog poop. No big deal, it is just small poop, right? I hope you see my point, which is that if you expect her to be responsive, then you need to be.

    I am not trying to pick on you or make you feel bad, but it would be a disservice to tell you it is fine to not resolve these issues. Broken heat and leaky roofs are two situations that look really bad for landlords in court.

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    9y

    You are in the wrong on two issues that I see:

    1. Not fixing the roof because it is a big-ticket item and you have to gather funds;

    2. Not having a licensed, professional heating service examine the system and make repairs or give it a clean bill of health as necessary.

    It's not the tenant's responsibility to help you gather funds to fix a roof that has leaked multiple times. And if your handyman is just "handy" at heating systems, you cannot say with any kind of authority whether the system is working properly or not. A heating tech can tell you all kinds of stuff, from temperature differentials across intakes and blowers to steam pressure levels, etc. that your handy man won't have any information about. 

    As far as the dog crap, that should be cut and dry. Our leases require that the yard be picked up completely at least twice weekly for tenants who have dogs. You could make that as specific or general as you like, but if I had a tenant living next door in my yard it would say "daily". 

    Skyline Properties
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  • Real Estate Investor · Raleigh, NC · Member since 2012 · 427 posts · 297 votes
    9y

    @Levi T. I do not want to be rude but you have to reassess how you are behaving as a property owner. A landlord does not get to decide for a tenant if a recurring leak is a problem or not. That is not your decision. It is not even a decision. It is a problem. That is a fact. Fix it. Now. Good luck telling a judge "well there is a leak, but only three times, and it isn't that big, so I'll fix it in a few months." Fix it.

    If you reread your posts, you are applying a lot of personal feelings to the situation. First, you state she must be doing this because she is having personal problems in her life. You don't know this, and even if she is it is none of your business. If the heat doesn't work it does not work. If the roof leaks then it leaks. The tenant breaking up with their husband, losing their job, finding out their kid is pregnant, none of that changes the fact the heat does not work according to her.

    Also, complaining about the dog poop now is doing what you accuse the tenant of doing. Now she is giving your trouble so you are picking out other things not related to the problem at hand to "get even" like when an argument in a relationship starts about something tiny and then the people start bringing up stuff from like 5 years ago. The issue is the heat, not the dog poop. If she did not complain about the heat you would not bring up the dog poop.  This is a business.

    Basically your 2 points boil down to 1) the leak is small and you don't want to fix it right now, so you have decided for the tenant it is not a problem and 2) She stated her heat was not working, so first you had a guy, not licensed, go out and he said it was fine but somehow also 2 radiators were broken (interesting definition of fine). This was November 22nd. Your scheduled service is December 19th. So basically the tenant should go an entire month with 2 broken radiators (possibly fixed by your unlicensed handyman) because you decided it was OK. FYI, this is not OK. 

    To summarize, quit reading personal feelings into this. You are the landlord and you need to do these three things immediately. 

    1) Fix the roof right now. Again, to do lists are for your personal house. This is a rental house. You fix problems immediately. And yes you mentioned it is a small leak multiple times. You can stop mentioning it. It doesn't matter, it is a recurring leak. 

    2) make sure the heat is working properly.

    3) Stop deciding for your tenants which maintenance issues should be fixed vs put off (hint: They should all be fixed as soon as possible.)

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    It's easy to be judgmental, I know because I am very judgemental, however based on what you have state you do not have a pressing roof leak. If it has not leaked in a year it is not a leak. As you have stated it has not been a issue for the tenant, it is an issue for you. Put the roof on your deferred maintenance list, as you have, and plan it for the future. Not every maintenance issue is a emergency, as some would have you believe, and you should be prioritising them based on importance, tenant impact, increased damage, money etc. Your are lucky you are even aware there was a leak as the majority of tenants do not bother to report maintenance issues.

    You are doing fine and need to simply be more confident in your decisions. Once the heating issue is resolved, one way or the other, deal with your tenant issue.

    Hang tight, it will be fine if you stay on track, Good luck.

  • Investor · Alabaster, AL · Member since 2016 · 280 posts · 88 votes
    9y

    Sorry for your situation, but I have to agree that on this you are doing a poor job.In my experience tenants do not just randomly wake up and say "the heat is not cooling well,and oh btw there is a leak in the bathroom" These are objective, not subjective issues. It either is, or it isn't. You don't have to replace the whole roof. A roofing company should be able to give you an estimate on a reasonable repair job since it only leaks in that one spot. On the heat, I suggest you save yourself some headache and put this matter to rest by getting an independent licensed electrician (not handyman) to come out immediately and take a look at this. As for the dog poop, best wishes, I have no experince with that. Just kidding, it's simple, enforce your lease, but I would not push that right now until I have taken care of the other 2 issues. Best wishes.

  • Real Estate Agent · Manchester, NH · Member since 2016 · 22 posts · 2 votes
    9y
    Ok point taken. Roof needs to be fixed. I will have it taken care of. This is the first time she has mentioned it and has not had to "deal with a leaky roof" I had it looked at and told her about it before she moved in, was told to keep an eye on it and told her to let me know if there was ever a problem with it. Over a year ago there was a very heavy rain storm she told me that it did leak a small amount just during the storm. Because it is only a problem with severe heavy rain, I thought it could be put off til I need to replace the roof in the next couple of years. The real issue is the heat, the handyman used to work at a heating company, so I'm not sure if he still has holds a license, but I trust his opinion. The radiators were fixed a week after the complaint. (A week for the parts to be delivered) this is a very small apartment and two of the 6 radiators were not working. Also made the appointment for service that day. She is expecting me to treat it like an emergency situation. I don't feel that it is, 1) because the heat working when I was there 2) because I was told by a professional that the heat was working 3) because she exaggerated 20 degrees, and only made another complaint when I asked her to clean up poop. If I could get an appointment sooner I would have. I am new at this 3 years and I am learning from my mistakes, so far most of my mistakes have been being too nice. Today it is actually cold. I am worried about the possibility that there could be a real problem. I texted her to see what the temp is today and have not herd back. She is home. But has not responded. I am willing to have emergency service it it is warranted, especially with this cold weather. I definitely have taken it personally, her attitude about this thrown me for a loop.
  • Levi T.Pro Member
    Rental Property Investor · Tucson AZ / Nice FR / Washington DC · Member since 2016 · 1k+ posts · 1k+ votes
    9y
    Originally posted by @Eric F.:

    @Levi T. "You want to end the dog poop issue, or any issue like that; apply a monetary fine each time you see the problem is not resolved. People respond to big fines, court summons, and police officers, everything else is just idle threats."

    How would you legally do this? Can you even put something like this in a lease? 

    @Mara Witt I do not want to be rude but you have to reassess how you are behaving as a property owner. A landlord does not get to decide for a tenant if a recurring leak is a problem or not. That is not your decision. It is not even a decision. It is a problem. That is a fact. Fix it. Now. Good luck telling a judge "well there is a leak, but only three times, and it isn't that big, so I'll fix it in a few months." Fix it.

    If you reread your posts, you are applying a lot of personal feelings to the situation. First, you state she must be doing this because she is having personal problems in her life. You don't know this, and even if she is it is none of your business. If the heat doesn't work it does not work. If the roof leaks then it leaks. The tenant breaking up with their husband, losing their job, finding out their kid is pregnant, none of that changes the fact the heat does not work according to her.

    Also, complaining about the dog poop now is doing what you accuse the tenant of doing. Now she is giving your trouble so you are picking out other things not related to the problem at hand to "get even" like when an argument in a relationship starts about something tiny and then the people start bringing up stuff from like 5 years ago. The issue is the heat, not the dog poop. If she did not complain about the heat you would not bring up the dog poop.  This is a business.

    Basically your 2 points boil down to 1) the leak is small and you don't want to fix it right now, so you have decided for the tenant it is not a problem and 2) She stated her heat was not working, so first you had a guy, not licensed, go out and he said it was fine but somehow also 2 radiators were broken (interesting definition of fine). This was November 22nd. Your scheduled service is December 19th. So basically the tenant should go an entire month with 2 broken radiators (possibly fixed by your unlicensed handyman) because you decided it was OK. FYI, this is not OK. 

    To summarize, quit reading personal feelings into this. You are the landlord and you need to do these three things immediately. 

    1) Fix the roof right now. Again, to do lists are for your personal house. This is a rental house. You fix problems immediately. And yes you mentioned it is a small leak multiple times. You can stop mentioning it. It doesn't matter, it is a recurring leak. 

    2) make sure the heat is working properly.

    3) Stop deciding for your tenants which maintenance issues should be fixed vs put off (hint: They should all be fixed as soon as possible.)

    Yup. My lease binds them to the HOA rules, and other rules of our own and outlines a fine for breach. Have your attorney work it out.

  • Investor · Alabaster, AL · Member since 2016 · 280 posts · 88 votes
    9y

    Mara, I forgot to say this though, if you have not, use the fact that she lives in your backyard to your advantage. Go with her and set that thermostat to 75 take a pic of the original temp. Then come back in 2 hours or so and take a pic of the new temp. Then you'll both know if it's working or not. And you will have documentation if it is. If it's not, you know what to do.

  • Real Estate Agent · Manchester, NH · Member since 2016 · 22 posts · 2 votes
    9y
    Thank you all for the great advice and info! I am asking here. Because I really want to know if I'm doing things the right way. So I definitely take all your advice to heart. (Roof needs to be fixed) I use a few different handymen to help me make decisions about what is a serious issue and what is something small that they can take care of. It's worked for me. It's a good first line of defense. Thank you all:)
  • Richmond, VA · Member since 2016 · 215 posts · 129 votes
    9y

    Something you may want to look into if she's using a space heater.  I'm assuming there's only one thermostat in the apartment?  Is she using the space heater in this room?  If so, it might be registering warm enough to keep the heat from coming on and making the rest of the apartment cold.

  • Williamsville, NY · Member since 2015 · 80 posts · 34 votes
    9y

    @Mara Witt you have a lot of good advice and a bunch of different opinions regarding your current issues with your tenant.  I want to comment on the heat issue, I have worked in the HVAC field for 15 years and I have a few questions and some pointers that might help you.  First just a little clarification as to the system that is being used to heat this house, you referred to a "furnace" and "radiators"  are these hot water radiators? if so the system used to heat the house is a boiler not a furnace, not a major point, I am just trying to get all the info on the system.  As far as your handyman is concerned, the fact that he is not working for a HVAC company currently might be the reason it is taking him so long to get parts, I know not all parts are readily available all the time, but if its a heating unit of any kind there should be some place locally to get the parts in a day or two. 

    As far as his license is concerned, not all area require a license for heating, so people might be misunderstanding this, a license is required to work with the refrigerant gases used in Air Conditioning systems.  

    Is this heating system controlled by 1 thermostat? if so and it is a boiler system(I am making that assumption because you talk about radiators) and you have 2 radiators out of 6 that are not working it is very possible for some rooms to be getting very cold on cold nights.  The system may be working fine but with a third of your heating output not working you could have cold spots in the house.  

    Here is something to consider if you are running on 1 thermostat you can consider installing a new wifi thermostat and you would have the ability to set up monitoring so when she tells you the house was "20" you can look back and tell her that it never went below 65 or whatever temp.

  • Rich N.Pro Member
    Investor · Haverhill, MA · Member since 2015 · 761 posts · 328 votes
    9y

    @Mara Witt

    I have a slate roof on one of my properties too. It can be expensive to replace it all, but most times its not an all or nothing.  I had a situation where only torrential wind driven rain resulted in a leak.  Whenever the leak is, directly above it, is there a chimney or shelf/ledge ?  If there is hire a roof company to inspect, it may be that you need new "tar" like rubber sealant in the area....way lower cost versus new roof!

    As for the heating system, just for a test, turn it up to 75-80 and stay there for the 20-30mins and confirm each radiator is "hot".  If your friend/handyman is just checking to see if it fires up, that's cool that its working but doesn't prove its getting upstairs.  At least 2 things you need to check at the radiators (besides it getting hot), does the open/close valve work? Does the air vent work ?

    Good luck with it.

  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    9y

    Couple of quick thoughts on this:

    • Get a licensed HVAC contractor to correct the radiator problem, not a handyman
    • it takes a month to get a service on a furnace up there?  I find it hard to believe you couldn't get someone in there sooner, but now if you know schedule it for Sept or Oct before it gets cold
    • Allowing pets is a slippery slope.  Not all pet owners are responsible which is why some landlords do not allow them 
  • Lender · Tyngsboro, MA · Member since 2009 · 3k+ posts · 2k+ votes
    9y
    Originally posted by @Mara Witt:

    Ok point taken. Roof needs to be fixed. I will have it taken care of. This is the first time she has mentioned it and has not had to "deal with a leaky roof" I had it looked at and told her about it before she moved in, was told to keep an eye on it and told her to let me know if there was ever a problem with it. Over a year ago there was a very heavy rain storm she told me that it did leak a small amount just during the storm. Because it is only a problem with severe heavy rain, I thought it could be put off til I need to replace the roof in the next couple of years.
    The real issue is the heat, the handyman used to work at a heating company, so I'm not sure if he still has holds a license, but I trust his opinion. The radiators were fixed a week after the complaint. (A week for the parts to be delivered) this is a very small apartment and two of the 6 radiators were not working. Also made the appointment for service that day. She is expecting me to treat it like an emergency situation. I don't feel that it is, 1) because the heat working when I was there 2) because I was told by a professional that the heat was working 3) because she exaggerated 20 degrees, and only made another complaint when I asked her to clean up poop. If I could get an appointment sooner I would have.
    I am new at this 3 years and I am learning from my mistakes, so far most of my mistakes have been being too nice.
    Today it is actually cold. I am worried about the possibility that there could be a real problem. I texted her to see what the temp is today and have not herd back. She is home. But has not responded. I am willing to have emergency service it it is warranted, especially with this cold weather.
    I definitely have taken it personally, her attitude about this thrown me for a loop.

    Tenants don't want you to be "nice".  They want you to fix the issues.  Your problem is not that you are being too nice, it is that you are not treating this professionally.  

    All my rentals are in NH, so I'm on the same page as you, both climate-wise and tenant law - wise. 

    Roof:  If you have had small leaks over multiple years in the same place in an old building, it is likely that the leak is worse than you realize, and that it's only visible during heavy rains.  The rest of the time it simply wets areas you can't see.  This is a huge problem, and only gets more expensive the longer you wait.  It is possible it really only leaks occasionally, and then dries out, but it's even more likely that it's bigger than that.  Plus, why give a tenant ammunition?  Fix it.  You've now waited until the worst possible and most expensive time to look at a roof.  It may not even be possible given the weather, pitch of the roof, and snow cover.  But deal with it as soon as the weather breaks.

    Poop:  This is your issue for not enforcing the lease.  Always.  Stop being nice.  You have an agreement with the tenant.  She expects you to abide by the lease, and you have to expect her to do the same.  If you don't, she knows you're a pushover and you're contributing to her attitude.

    Space heater:  If the lease says no space heater, then enforce it.  period.  Don't ignore it.  You just sent her another message.

    Heating system:  Get it fixed professionally so you have documentation that it all works properly.  Then if she still complains, document each conversation, check the inside temperature yourself each time, note a photograph of the thermostat and thermometer showing setting and actual temperature.  Keep them with your logs of conversations.  Then if you end up in court you'll be able to show the judge that you acted properly.  Remember, if you have to evict and end up in court, it's not the truth that matters, it's what you can prove.  Logs and photos are proof.  You tenant likely won't have any proof of her side.  

    If you act professionally, instead of being "nice", you'll send a message from the beginning that you have your act together and that saves a lot of angst later.  The longer I do this, the fewer tenant issues I have.  I still have them, I just don't have as many.  

    I don't want to hammer on you, as a relatively new landlord.  The reason I feel I can tell you all this stuff is I've made all these mistakes over the years myself.  That's how I know not to do them.  :-)  Good luck.  

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