Do I have any recourse?

Question

I own a 3 unit building.  I have one section 8 tenant who has been a problem since day 1.  Doesn't pay on time, creates issues with other tenants, seems to feel entitled.

We had some bad rain in the last two months and water started coming in her unit.  We have spent over $3500 on getting it fixed and are out there within 24 hours of a problem.  Mind you we had WORSE storms back in July and it was never an issue.

Anyways, a new tenant moved in and I told the other two tenants to keep the front of the house clear so she could put her car there to move in and out easy. That was completely disregarded by the problem tenant and her GUEST called the cops on the new tenant for "purposely" hitting his car (sigh) -- She was trying to move in and accidentally hit his car.

Anyways, we had to get involved and I told the problem tenant her guest needed to clear the way for the paying tenant to park and move in.  The unit the problem tenant is in comes with two spots, but she is single and only has one car.  Well, that is where the craziness ensued.  My poor new tenant has no idea what she just moved into and is very upset.

My problem tenant may be in violation of the lease for having an overnight guest more than 7 days and she still hasn't provided me a copy of her rental insurance.  When asked, she suddenly says the unit is leaking.  She told me her laptop was ruined by water damage and when we went out to see what she was talking about and surprised her, she was busy tapping away at her laptop.

It's getting tiring.  We are NOT renewing her lease and giving her a 90 day notice of non-renewal and a notice to vacate, but that's not till February as her lease is up in May.

Thoughts?  Do I even have rights here or am I screwed?

Michael Rossi · Answer

This is entirely a self-inflicted wound.  IF THE TENANT DOESN'T PAY ON TIME - EVICT HER!!!  Problem solved.

As a landlord, it is YOUR responsibility to enforce the lease.  Failing to do so portrays to the tenant that you are a weak landlord and that allows the tenants to act like animals.  Evict the scumbag and move on!

Peter Giardini · Answer

Mike said it as plainly as can be said.

In addition, I would start a program of "safe and clean" inspections to get into that property and document everything you can... including the ":extra" live-in.  Take plently of pics and make sure the tenants knows you are taking control of the situation.

Michael Rossi · Answer

Coulda, shoulda, woulda...this was your mistake.  If you would have gotten rid of her as soon as it became apparent that she was a deadbeat, you wouldn't be having problems today!

Maryann L. · Answer

She is current on her rent.  She had a few months she was late and I did file a notice to quit, but she went to the town and got assistance.  We could have evicted her but she finally go the rent to us.  On the other instances, her family stepped in to pay.

The problem now is every day there is a new "leak" at the property, however there is nothing there.  We have done everything in our power to make sure there are no leaks.  She's manipulative.

Account Closed · Answer

What about the Seven-Day notice with Cure due to harassment?

Write up everything. She reported a water damaged laptop? In Writing, if not make her sign every complaint and when you have enough issue the notice.

In Florida, we may issue a seven-day notice with cure, and then when any single event occurs after such notice, you may begin eviction, no cure is available.

The key is get everything documented.

If she is on Section 8, the first seven-day should be enough to get her to cut it out,
or she may lose her benefits.

Do I have any recourse?

Most Popular Reply