Tenant Making Alterations without Consent

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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Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes

Is this an inherited tenant?

She sounds awful. I would start the eviction process.

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Andrew Acuna
Investor · Mission, TX · Member since 2017 · 220 posts · 135 votes
9y
I also have a 4plex and one thing I have learned rather quickly is to not make a mountain out of a mole hill. At the end of the day paint is cheap- if the tenant is paying rent I wouldn't worry too much about it. Personally, I would try to find some way to get on her good side, then address the key issue and maintenance problem. Inherited tenants are a unique challenge (I had three when I house hacked) but you really do catch more flies with honey. I would avoid eviction at all costs.
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Corby GoadeBusiness Member
Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
9y
I'd agree with @Robert Rayford- I've been in a similar situation, and it takes so long to get an eviction done- it's likely she'd still be there, and pissed off, long after your lease actually ends. If I were in your shoes, I'd propose cash for keys. If that doesn't work, give her written notice that you are opting to not renew her lease and she needs to vacate by the final day of her lease. Check your local laws and your lease, but 30 days notice is usually the standard, so that would be notice by this Saturday. Best of luck- I'd check out the plethora of resources on here about screening new tenants. A month of vacancy is always better (and cheaper) than a year of an awful tenants. We use cozy.co for tenant screening, applications and rent collection, and it's definitely made our lives so much easier.
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Deanna McCormick
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
You mentioned lease is up May 31st.. you need to give notice of NON renewal, probably 60 day prior to the 1st of the month,, so if you gave it by March 30th,, that's 2 days away,, then then would be given proper notice for non renewal.. You still have to give proper notice of non renewal if your not going to file eviction action for them making unauthorized changes to property.
I don't put up long with drama and this is beginning to be a saga So the faster they are out the better.
Personally I'd file. And also give a notice of non-renewal incase for some stupid reason the filing didn't hold up.. So for sure the minimum is to give non-renewal proper notice to vacate by May 31st.
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Jay Lighten
London, Essex · Member since 2016 · 4 posts · 0 votes
9y
I would notify her with a warning (explaining). From the way you describe it sounds like she is unlikely to cooperate but you never know. Sounds like a trouble tenant, something needs to be done before it gets worse. Eviction may eventually need to be considered.
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Christopher Dunson
OP
Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
9y
@Robert Rayford
As far as registered and posted mail goes, I was recommended posting on door and taking a picture of it. I personally, with reason for eviction, would prefer to start the eviction process now if its going to take time either way, than to wait until the lease expires, finding out in the process that my inherited tenant doesn't pay rent as well.
As a side note, from experience, is the eviction process shorter depending upon reason for eviction?
For example eviction for not paying rent, vs. my situation?
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Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
9y
@Christopher Dunson, scroll up and read what @Deanna McCormick wrote.
This tenant is not going to improve. Cover all bases by filing a cure or quit based on her breaking the lease by not getting your approval to paint the cabinets, by her spray painting the line on the cement, and her changing the locks and refusing to give you a key.
If she does not cure, file for eviction based on the same grounds.
But before you do any of that, give her written notice of non renewal of lease. IDK if you have to do 60 days or if you can do 30, but I'd do it today, take it over there personally, and hand it to her.
She will be a nightmare to deal with, every single day she is your tenant.
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Christopher Dunson
OP
Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
9y
@Mindy Jensen
Yes, I completely agree. I will deliver the non renewal of lease today.
I have also gotten in contact with a lawyer regarding everything and am going to go ahead and pay the $600 for them to take care of the whole process. I will ask for copies of docs. and make sure that I learn from their process so that I can take care of things in the way that my state requires if anything like this happens again.
Seems like she is really trying to push me for some reason. She has now removed the drip edge from the roof of her private backyard area of the property.
So many things in such a short time. I appreciate everyone who chipped in to help out.
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Andrew Acuna
Investor · Mission, TX · Member since 2017 · 220 posts · 135 votes
9y
Christopher Dunson I take back what I said earlier- she sounds nuts! Good on you for getting figured out, I hope you get an awesome tenant next time!
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Christopher Dunson
OP
Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
9y
@Andrew Acuna
Thank you I appreciate it I hope so too.
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Linda WeygantPro Member
Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
9y
I also have a tenant that is at this level of drama and I am riding out their lease term as well.
Give notice of non-renewal and control the relationship to the best degree possible. Pick your battles and don't buy into her issues. Stick to the terms of the lease, but be ready to write off the cost of repainting - sounds like you are unlikely to get it from your tenant.
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Ed S.
Investor · Oskaloosa, IA · Member since 2014 · 126 posts · 65 votes
9y
This tenant is out of square!!!!! Does she have your home address? Question --- do most landlords show their addresses, or just cell phone and e-mail? Do you use PO Box for your address? Just curious!
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Brent Austin
Rental Property Investor · Clark Fork, ID · Member since 2017 · 30 posts · 14 votes
9y
I would try to find out where she works while you wait out the balance of the lease. Then sue her in small claims court for the damages and attached her wages. Finding out where she works gives you a place to have her served and also confirms she has income to attach. I am actually going through this on a property in Texas.
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Christopher Dunson
OP
Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
9y
@Ed S.
I don't use a home address, and most people I've read about have never given out their home address. That could be pretty dangerous in the long run. I think a P.O. Box is the safest way to go.
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Phillip Dwyer
Real Estate Agent · Henderson, NV · Member since 2011 · 1k+ posts · 550 votes
9y
@Christopher Dunson Have you considered paying her to terminate the lease early?
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Christopher Dunson
OP
Investor · Las Vegas, NV · Member since 2016 · 128 posts · 32 votes
9y
@Phillip Dwyer
Yes I definitely have. I decided to serve her a 5 Day Notice to Comply with Lease Agreement along with copies of the pages she signed, as well as a Non Renewal Notice both posted to her door, and through certified mail. I served those yesterday, and she has not contacted me, so I hope its going well, but I am expecting it not to. If she doesn't comply I will offer her cash for keys, and if that doesn't work I'll go ahead and file for eviction.
The eviction attorney I spoke with basically told me that even though my lease states she pays $500 of any eviction costs, that I should just get her out and not worry about that. He also told me he'll take care of everything for $600. So if everything means everything, then I wont worry about what the tenant owes I guess.
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Phillip Dwyer
Real Estate Agent · Henderson, NV · Member since 2011 · 1k+ posts · 550 votes
9y
@Christopher Dunson Since you don't have a security deposit, then you would be hard pressed to collect the $500 from the tenants. Sounds like you have a good plan in place.
Moving forward, if the market will bear it, you should definitely get security deposits from tenants.
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