Tenant Making Alterations without Consent

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Tenant Making Alterations without Consent

Christopher Dunson
Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes

My lease states that no alterations to property are to be made without written consent. I just purchased the property 3 weeks ago, and one person has painted their kitchen cabinets as well as the front door(interior and exterior with big splashes on the exterior gate) glossy black. Because I am new to land lording, I am slightly worried about the course of action best to take, because I'm not sure if this is grounds for terminating the lease or not. If it is I would like to move towards that without asking her to restore them. Though, if I need to ask her to restore them first and wait for a response, I will.

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Natalie KolodijBusiness Member
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9y

Is this an inherited tenant? 

She sounds awful. I would start the eviction process. 

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  • Christopher Dunson
    OP
    Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
    9y

    In addition, she has changed the front locks without permission( I have not ever used a key to enter her property) and denied my handyman entry to repair something that she requested. She told me to stop knocking on her door yesterday, and then spray painted a line on the concrete in front of her door. Is there anything here that just gives me the right to terminate agreement without requesting to fix these things? It just seems this is going to be a problem tenant. Thank you very much in advance.

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  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    9y

    Is this an inherited tenant? 

    She sounds awful. I would start the eviction process. 

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  • Christopher Dunson
    OP
    Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
    9y

    From what I read in the lease( which I took over from another landlord when I purchased the property). My lease states " TENANT shall make no alterations to the premises without LANDLORD's written consent.""TENANTS engagement in activity prohibited by this agreement, shall be considered a default hereunder." "Upon default LANDLORD may, at its option, terminate this tenancy upon giving proper notice."

    For me the above alteratioins, and possibly the other issues which did not receive written consent could give me reason to terminate the tenancy upon giving proper 30 day written notice.

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  • Kenneth GarrettPro Member
    Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
    9y

    @Christopher Dunson

    Christopher I would give her notice to restore everything back to its original condition with a specific time frame; make sure its reasonable.  If she fails to restore in the time frame you need to evict her.  Illinois is completely tenant friendly and landlord difficult.  If the laws in Nevada are more favorable to landlords then I would just give her a notice.  I would recommend speaking to an attorney who specializes in evictions since you are new to land-lording.   

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  • Christopher Dunson
    OP
    Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
    9y

    @Natalie Kolodij 

    Yes, this is an inherited tenant. I just want to make sure I have grounds to terminate the lease agreement. Being this my second rental property, and this never having happened before, I don't want to take it to that level if I'm not in the right. 

    So my plan of action I believe, will be to let her know she has broken the lease agreement in a formal written document, and give her the option to leave without eviction on her record. If I go this route should I demand payment for the damages?

    Or as an alternative to avoid problems, I can try cash for key's.

    Could eviction cost me more money in the long run? Contract states they pay $500 if eviction happens.

    Just looking at my options and and am not sure the best route to take as I am renovating the property as well.

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  • Christopher Dunson
    OP
    Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
    9y

    @Kenneth Garrett

    I definitely will, but to me it seems although I seem to have the right to evict, offering cash for keys may be a good route to consider. It seems like it could save time and money in the end.

    Is it illegal for me to just serve her a notice of breach of the lease agreement and let her know in writing she needs to leave with the alternative being eviction?

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  • Kenneth GarrettPro Member
    Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
    9y

    Sounds reasonable.  Check the requirements by your state law on evictions.  What are the different types of grounds plus you inherited the tenant there may be language that helps you as well.  I like the cash for keys concept.

    1Reply
  • Ray Harrell
    Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    9y

    I have a question first...was her paint job ugly? Is it a single family home? Is her rent always on time? It sounds like she is making this place her "home" and not just a place to rent, and it could be a long term tenant. If she stays 15 years who cares if she paints the cabinets to her liking?

    If you have a security deposit, if/when she leaves, give her the opportunity when she moves out to restore everything to normal. If she doesn't, then deduct from her security the things she modified, and that's if she did a poor quality job.

    2Reply
  • Rich N.Pro Member
    Investor · Haverhill, MA · Member since 2015 · 761 posts · 328 votes
    9y

    Are you sure they were the ones that made the changes?

    Are you sure they did not receive permission?

    This tenant sounds like they are going to be trouble. 

    I would not worry about these changes as the headache to go through all the repairs is not worth it.

    I would instead go for the terminating the lease or eviction for violating the lease.

    1Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Christopher Dunson the tenant you inherited, does she still have a valid lease or is she MTM? If MTM, you can elect to non renew as of the first of the month, to vacate at the end of April. 

    If she does have a lease, give her a seven day notice with opportunity to cure; which means she has a week to return cabinets to original condition. If she does not do so, then you can move forward with eviction. Make sure to take great notes (dates, times) pictures etc... she sounds like a real winner! 

    Last but not least, check your landlord tenant laws 

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  • Account Closed
    Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    9y
    • Eviction Notice for Lease Violation: 5 days, but must fix the issue within the first 3 days or Landlord can file for eviction. (NRS 40.2514, NRS 40.2516)

    https://www.landlordology.com/nevada-landlord-tena...

    5Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    You will be forced to evict, you have grounds. Tenants like this do not ever leave voluntarily.

    2Reply
  • Christopher Dunson
    OP
    Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
    9y

    @Kenneth Garrett 

    Thanks, I'll be checking if there is any laguage that is my my favor as the inherited owner.

    @Ray Harrell

    This is a fourplex. As far as the interior goes, I didn't check close enough, but they weren't painted when I did the original walk through a couple weeks prior. The exterior door paint which is differen't from the rest, and the gate that goes over the exterior door in all honesty looks like she tossed a bucket of paint on it and it just hit a big spot and drained down. So it really makes the property look bad on the outside. The prior owner did no security deposit for her, and she told me she is leaving in a couple months verbally.

    @Rich N.

    Yes, thank you for asking. I asked the previous person who looked over the property and he said he gave no permission verbally nor written for authorizations. The more I think about it the more I agree. I'm leaning toward termination the agreement. I'm just really looking for the best way.

    @Kim Meredith Hampton

    Yes currently she does still have a valid lease through May 31st. Thank you I am reading through all of the pages of the Landlord Tenant laws in between posts.

    @Account Closed 

    Well better to learn early I guess. I closed on my first two rental properties 10 days ago. Before that it was all flipping.

    **Aside from a notice of breach of lease agreement(which I would write myself). Are there any other documents that I should serve. For example if she willingly does the cash for keys? Or as far as evictions go if she is unwilling, I'm assuming I should get into contact with a lawyer, so my following request is, does anybody know a good real estate lawyer in Las Vegas? I have a lawyer for my company, but he put my flipping company into an LLC( which I read is incorrect ), so I would like to do business with somebody besides him. Thanks in advance.

    0Reply
  • Omar Merced
    Real Estate Investor · Las Vegas, NV · Member since 2016 · 399 posts · 260 votes
    9y

    Hi Chris, by the sounds of it you are not using a property manager. Before you do anything you really need to read the NRS regarding landlord law. You have to follow an exact process beginning to end to save you a lot of headaches. It starts with a notice posted properly and even service has an exact procedure. A professional tenant can draw it for a while. Luckily you're in a very landlord friendly state as long as you do things right. Good luck. 

    0Reply
  • Paul Hitchings
    Alhambra, CA · Member since 2015 · 142 posts · 78 votes
    9y
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  • Robert Rayford
    Investor · Las Vegas. Jacksonville, Bay Area Ca, Nv, Ca, Fl · Member since 2015 · 511 posts · 220 votes
    9y

    I've gone through this several times in the past 20 years of managing. give the tenant a notice to return the property to it's original condition within 5 days. If the tenant doesn't comply then give the tenant a 24 hr notice for entry. Have your repair guy do the repairs. Deduct the cost for repairs from their security deposit. Give the tenant a notice that they would have to bring their security deposit current. Most will not comply, so when the tenant pays rent apply it to the security deposit and give the tenant a notice of late rent and a 5 day notice to pay rent or quit. Las Vegas has companies that do  expedited eviction process for a fee. Most 4-plex's in Vegas are in the "hard to manage areas, 89106, 89030, 89156, 89101

    4Reply
  • Christopher Dunson
    OP
    Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
    9y

    @Omar Merced

    Hi Omar, I'm reading the whole thing right now. How is the REIA going? If I wasn't in the middle of the remodel of these 2 4 plex's, I may have met you this past week. I'm sure I'll go next month. Thanks for the input.

    @Robert Rayford

    I really appreciate the detailed steps you provided, but unfortunately the former landlord did not require a security deposit. Do you have an alternative to the method above not involving the security deposit? Yeah, it may be a little rough but I will make sure the tenants get trained right. There are a some good people in the buildings also so I'm excited for what's ahead.

    0Reply
  • Christopher Dunson
    OP
    Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
    9y

    @Robert Rayford

    Instead of deducting it from the security deposit since there is none, I could add it to the next months rent, but I would like to get this tenant out ASAP before she causes further damage, so would prefer not to wait for this unless absolutely necessary.

    0Reply
  • Deanna O.
    Rental Property Investor · San Diego, CA · Member since 2010 · 366 posts · 314 votes
    9y

    Spray painting a line on the concrete sounds like "crazy" to me, (actually, more like alcoholic/druggie behavior). Honestly,  you'll be lucky just to get rid of her, let alone getting damages out of her.

     Formal "fix or scram" paperwork & paying a professional service to send her on her way sounds like a really, really good idea. Glad you are in a landlord friendly area.

    2Reply
  • Robert Rayford
    Investor · Las Vegas. Jacksonville, Bay Area Ca, Nv, Ca, Fl · Member since 2015 · 511 posts · 220 votes
    9y

    The quickest you can get her out of your property the better off you'll be , check out " Kick Them Out Quick" services in Vegas.

    2Reply
  • Matthew Olszak
    Real Estate Broker · Chicago, IL · Member since 2015 · 1k+ posts · 2k+ votes
    9y

    @Christopher Dunson Based on your first post about the paint, I was about to suggest to leave it be as the paint is already there and nothing is really going to get worse. But then I see she changed the locks, denied access to repair, denies you inspections, and has now painted a line as if she is going to try to sue you for trespassing. 

    Sounds like a professional tenant in the making. Get control of this one quick and engage an attorney who's firm regularly represents landlords to get her removed asap. She is trying to set you up to do something wrong, or at least drag out the court process arguing so, and as such its in your best interest to get an attorney on board to ensure everything is done by the book. Let them issue the notices according to state law and let them take on the responsibility of communicating with her. She isn't someone who is reasonable to work with if she is painting a line on the property and refusing access to a repairman who will make improvements that benefit her.

    I know it might be tough $-wise, but its worth it to engage an attorney at this point unless you've been through the process multiple times before. Speak with a firm like the one @Robert Rayford suggests - they'll know the ins 'n outs and have an efficient process setup in their office to get the case turned in your favor for the least cost.

    3Reply
  • Steve B.
    Engineer · Portland, OR · Member since 2014 · 1k+ posts · 1k+ votes
    9y
    Start eviction as soon as possible and be thankful you are in Nevada and not California. Listen to what Robert is saying, it sounds like your too nice and new. You are attempting to be reasonable and rational with a tenant that is neither. Bad idea.
    1Reply
  • Lesley Resnick
    Real Estate Agent · Jacksonville, FL · Member since 2015 · 1k+ posts · 1k+ votes
    9y

    Painting of the cabinets is not such a big deal as long as they don't look worse than when they started.  The spray paining on the ground is just odd and worry some.  i would start to document everything.  I would send a resisted letter reminding her, about the locks, the painting of the cabinets and the walk way.  Ask for them to respond that they understand the rules.

    When does the lease end?  Could you just wait them out?  Eviction is still a pain, cash for keys is better, but still not ideal.  Without a security deposit you are more limited in your ability to get them to leave amicably.  Always give people a chance to do the right thing before getting ugly.  I don't want to say most people, but many respond favorably.     

    Good luck

    0Reply
  • Robert Rayford
    Investor · Las Vegas. Jacksonville, Bay Area Ca, Nv, Ca, Fl · Member since 2015 · 511 posts · 220 votes
    9y

    @Christopher Dunson, Ok, since the Tenant's lease is valid until May 31st. I would just ride it out. By the time you contact a lawyer, summit to the courts and get a court date you will be well into May. What you would want to do is to write her a letter of compliance to remedy the alterations and restore to original. Most likely the tenant will not comply but the main reason for the documentation is to show engagement by management and that you were active in the matter. Limit your physical contact interactions with this person, do it all by posting and registered mail. The documentation will come in handy if you end up in court at a later date if the tenant not wanting to leave at the end of her lease. Also, most insurance companies will cover " tenant vandalism" but not wear and tear or housekeeping. If the tenant decides to destroy the unit out of spiteful behavior then it is possible to get your insurance company to help cover the repair cost. I would like to say that I have seen it all, but I always have a new story to tell each year. Good luck.

    2Reply
  • Linda S.
    Investor · Richmond, VA · Member since 2016 · 1k+ posts · 2k+ votes
    9y

    @Christopher Dunson,

    I feel awful for you,  and everything she is doing sounds sketchy.   She can't change locks on your house, or deny your handman access, and why would she if she wasn't doing anything bad?     I'm normally pro keeping a tenant and working things out, but there are a lot of red flags that you are seeing.. with her attitude IMO being the biggest, I'm a little worried for you about finding the red flags you haven't seen yet!   One thing is she apologies for painting the cabinets, but to be a punk-- she's testing you.   Spraying a line on concrete-- are you kidding me???   Sounds like she needs a few lessons in eviction 101.

    Btw-- think about this as a blessing.  Bad inherited tenants IMO are like initiation, do you really got what it takes to be a landlord?   Learning the eviction process is great, because it teaches you the laws, and also how thick your skin needs to be.   

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