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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  • Joe SplitrockPro Member
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    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    9y
    Originally posted by @Ann Bellamy:
    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.  

    Yes this ^^^

  • Investor · Lyndonville, VT · Member since 2016 · 47 posts · 14 votes
    9y

    Even though this situation sucks... This is a good learning experience. Reflect on your interactions with your tenant and look at the systems you have in place. This could be helping you revamp your business in multiple ways.  I just learned some significant lessons the hard way that cost me over $3,000. Take all of the feedback that everyone has given and use it to your advantage. It is tuff to be a landlord and balance all of the things that need to be done. Now just move forward and keep chugging along.  

  • Vendor · Cincinnati, OH · Member since 2014 · 144 posts · 58 votes
    9y
    Originally posted by @Account Closed:

    @Mara Witt If the heat is not working fix it and if the tenant has a space heater that means the heat was not fixed, and you say per your lease, and a judge might rule against you if the tenant sues you for no heat.

     I get tenants all the time that set the heat to 78+.  When it gets cold out and the furnace can't keep the house at 83 anymore they think its broke.  You'd be amazed how many people say they're freezing to death with the house in the upper 60s.  The best part is they are the same people that think the a/c is broke when they can't keep the house in the upper 60s in the summer.  

    I would have the heating guy watch the thing for awhile.  Sometimes instead of crazy tenants, its something intermittent. Where it'll appear its working fine and cut out later for a little while.

  • Investor · Madison, CT · Member since 2014 · 710 posts · 458 votes
    9y

    @Mara Witt - I agree strongly with @Eric F. - you can't leave a leak in the roof of a rental and be taken seriously. Nothing signals "mom and pop landlord" more than that kind of deferred maintenance, except maybe the owner picking up the yard and shoveling the snow. Tenants know they can take advantage of the "mom and pop." Fix the roof, and either hire someone else to do the shoveling or do not let the tenants know you are the owner, and you'll very rarely see these kind of complaints.

  • Real Estate Agent · Manchester, NH · Member since 2016 · 22 posts · 2 votes
    9y
    So this is the update, it got really cold here on Thursday night so I texted to check on her. She sent me a picture of the heat at 62 and it was set to 75. I asked her if she wanted me to get emergency service, at 10pm. I asked her at 2 she did not get back to me til 10. She did not take me up on the offer she continued to complain through text more about me than about the heat. Eventually, she said that the radiators were not even working (and that she thinks he didn't even fix them). This is big info to me, (that they are not working, I Know he did fix them, but if they are still not working that's something I could have delt with way sooner) her complaint about the heat has been that the yearly matinence appointment was too far away. And the day it was fixed I told her that the valves may need to be adjusted and that he could come back to help her if she needed. And she slammed the door and I did not here from her about it again. Which made me think that she had either adjusted them herself, or waited long enough for the heat to actually kick on (she came out yelling as soon as she got home). So now that I know that the radiators (that I paid someone to fix) and before you say it, looking back I realize I should have followed up. The handyman I used dose still hold a license. He told me that he checked the temp and that it was working. Through the series of texts on Thursday night I offered suggested and finally asked if I could have him back in to check on the radiators the next day. 4 times. As well as offering to get emerging service that night. Friday morning I called and changed the appointment from matinance tried to get it moved up but couldn't get it sooner. Appt is monday. I asked her again on Friday morning if I could have him come it to check the radiators she said no, that waiting til Monday would be fine. I think that this is a breakdown in communication and could have been avoided if she had explained to me that the radiators were not working instead of yelling about the matinance or if I had checked back with her (I didn't want to deal with her being crazy, lesson learned). You all have had some really tough love for me and I appreciate it. I wrote this post because I wanted to make sure I am handling this appropriately. I really do value all the advice. The comment "a to do list is for your own house" really hit me as good advice to follow. And as always, learning from my mistakes :) Can't wait til Monday to get this heating issue wrapped up for good.
  • Lender · Tyngsboro, MA · Member since 2009 · 3k+ posts · 2k+ votes
    9y

    Mara, we have had extreme weather these last 3 days, with wind chill in double negative digits, and in NH, heat not working in the winter is an emergency.   While wind chill doesn't effect objects, cold temps and wind drives the cold through the cracks in old buildings, which is probably what you have.  There are MANY more instances of frozen pipes when there are high winds than when it is cold and calm.  Frozen pipes, both heating pipes and domestic water pipes, swell and burst.  Creating a flood inside.

    What if it really wasn't working, and she got annoyed and went to spend a few days with a friend?  Then your unit would freeze, and you'd have a lot more on your plate than just poor communication with an immature tenant.  

    You need to take no-heat (or not working properly) calls seriously in the winter in NH.  Even if they are just jerking you around.  And even if it's just air in the pipes when all is said and done.  The downside if they are right is too serious.   Emergencies like no-heat allow you to call the HVAC company and enter her unit even without her answering your texts.  

    Develop a relationship with a good HVAC/plumber, and don't skimp on it.  

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

    "I asked her"

    Now you have defiantly dropped the ball. You stated that the duplex is "in your back yard". You are texting a tenant about a ongoing situation and asking her opinion as to what she wants you to do. This is 100% the wrong approach to your tenant issues. A landlord should never ask a tenants opinion as to what should be done.

    When you received the text picture of the heat at 62 that was the point where you should have sent a text back over and said I'll be there is 5 minutes.

    Your handling of this situation at that point was completely unacceptable and beyond my understanding as to how you are dealing with the problem.

    The roof leak is irrelevant in my opinion the heat is a problem that although you are making appointments to investigate you are making zero effort to investigate yourself. You do not need to be a HVAC expert to look at the thermostat in person and feel the rads for heat. You need to personally get involved in your property and tenant issues.

    The reason you keep receiving new information from your tenant is because you have done nothing personally to investigate or confirm anything your tenant has told you. As far as the heat is concerned you have now seriously dropped the ball regarding your tenants concerns. 

  • Real Estate Agent · Manchester, NH · Member since 2016 · 22 posts · 2 votes
    9y
    Monday the heating company came! He found that the two radiators that my guy had fixed were good, but one radiator had a cracked vent ( that meant it was letting too much steam and possibly causing the other radiators to not get enough) he changed all the remaining vents just to be safe. And added a new thermostat. So it's all fixed. Ended up costing me $375 for the time vents and thormastat. If the tenant had been civlil and explained what was wrong I could have had him come fix it the next day and for less than $100.
  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    All that matter is that it is fixed and the tenant should now be satisfied.

    Hopefully in the future communication will not be as strained and your tenant will put more effort into cooperating to get her issues resolved.

  • Schaumburg, IL · Member since 2017 · 1 post · 0 votes
    9y

    I installed a temperature limiting thermostat in all of my properties. Initially tenants gave me some gripe about this but over time they got used to it. It limits the HEAT AND A/C to legal limits, so I'm covered. I saved around 30% in my first year. I was googling for tenant heat solutions and ended up on their blog and purchased a test and then ordered a bunch. Just Google Chicago controls..Email them and ask for discounts. I hope that helps. 

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