Older Tenant Crossing the line with new tenants what do I do?!?!

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Older Tenant Crossing the line with new tenants what do I do?!?!

Gary Domermuuth
Investor · Albany NY · Member since 2017 · 8 posts · 5 votes

Hello BP,

My wife and I recently purchased a duplex in a great neighborhood in Albany.  When we bought the property we inherited a tenant in her 80's and she has lived there for over 40 years.  The property had been in her family for decades and she has an emotional attachment to it.  

When we bought the property the upstairs unit was vacant and we easily rented it to grad students.  By all accounts the students are respectful but have been known to have fun but nothing out of control.  When they moved in they had been getting along with my elder tenant, they had been baking her cookies and bringing her flowers.  About 3 weeks ago I found out that the elder tenant had been calling them names because of the clothes they wear and had crossed other lines the details of which I don't want to get into but lets just say it wasn't something to be taken lightly.  

When I spoke with my elder tenant she initially denied it but then changed her story.  She was upset and apologized to the girls, however, now it seems she has an ax to grind and literally calls the police for every little thing they do!!!  We like our upstairs tenants and want them to renew but I doubt that is going to happen as they are miserable.  Even if they don't renew I fear that no matter who we rent to the elder tenant will have a problem with them.  The elder tenant is something of a local legend because she has lived on that street forever and of course she has talked to everyone on the street claiming she is being mistreated so if we decide not to renew her lease we would be demonized but I also know that at her age she would have a hard time finding another place to go and in spite of everything I wouldn't want to leave her without a place to live but at the same time I am an investor not a saint.  What should I do? 

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Bill F.
Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
9y

@Gary Domermuuth Has the elderly women broken her lease or the law in any way? I personally don't get involved in personal disputes between  tenants. Unless charger are being pressed, you just set yourself up to be their referee. 

Both parties are adults and can handle their issues. A course of action is for one side to move, but that is their choice.

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  • Bill F.
    Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
    9y

    @Gary Domermuuth Has the elderly women broken her lease or the law in any way? I personally don't get involved in personal disputes between  tenants. Unless charger are being pressed, you just set yourself up to be their referee. 

    Both parties are adults and can handle their issues. A course of action is for one side to move, but that is their choice.

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  • Gail K.
    Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    I agree.  Don't get into this silliness.  And frankly, if you had to lose tenants by way of non-renewal, you need to hope it's the young ladies upstairs.  They're not likely to be around for 40 years; probably good for a year or two and then will move on anyway.

    If the police get called enough times they will tell the elderly lady to knock it off or she'll be charged for nuisance calls.   That should cause her to simmer down with the calls.

    Gail

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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y
    You answered your own question with "I am a investor not a saint".

    You have a responsibility to all tenants not only long term ones. If she were the new tenant and causing the same problems what would you do. Landlords need to manage properties without regard for tenant history, that is mixing emotion with business. Extremely bad practice. You have responsibilities, carry them out with a professional approach.

    If, with new tenants upstairs the old woman again causes problems, which she likely will, at that point in time you do not renew her lease and find a replacement for her. Make sure she is on M2M so that you can get rid of her quickly if necessary to avoid losing your next upstairs tenant.

    You must place business ahead of you concern's about the community. She is already slandering you in the community so getting rid of her will be a win/win for you. Inherited tenants like her, having a personal history with the property,  generally are a poor fit and ultimately will need to go. If she is going to continue being a problem you get rid of her. You need to make that crystal clear to her NOW.

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

    @Gary Domermuuth I'm guessing you knew this was a possibility going in.  Tough situation, but there is really nothing you can do accept not renew her lease and with someone that old I am sure there is some law that will make it a real pain to get her out.

    Just plan on year by year turnover until you get someone who meshes with her better.  Probably the path of least resistance as others have pointed out.

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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y
    Or you could throw up your hands, let her manage the property to her liking, and leave the upstairs unit empty....... Come on people this is a business we are running not a charity.
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  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    So put your PM cap on and give old lady the rules, she's not to disturb the other residents living there. Let her know in WRITTEN terms that calls to police for unwarranted complaints and you are aware of those calls. Give her written warning that her actions are as much of a disturbance and harassment.  IF she has a issue she is to call you first, you will come and figure out if the situation is actually something that is a disturbance. 

    I had a tenant for 16 years.. old lady that lived on 2nd floor had a perfect view of front and back of building,, kept me aware of everything.. some times to much.. she eventually left and moved to retirement facility..but she didn't call cops she knew better. But a couple of times that I needed to go I called cops from parking lot to correct the situation. 

    Basically you could also contact her emergency contacts. let them know your concerned that she is having difficulties accepting change and her actions are unwarranted and are keeping you from properly running your rental business, that you have given her instructions and your concerned she is in jeopardy of causing a harassment issue.

    Or just plain and simple give her notice to vacate.. If she so loved the building she had a chance to buy it and didn't.. she has the perfect right to move,, as you do to give her, her walking papers. Don't coddle her. Treat your tenants as all have the right to peace and respectful place to live. 

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  • Gary Domermuuth
    OP
    Investor · Albany NY · Member since 2017 · 8 posts · 5 votes
    9y

    I want to thank everyone for the input on this.  I think at the end of the day I made a rookie mistake and put myself in a position to be everyone's therapist, a mistake I will quickly remedy.  All of the insights are phenomenal and I will be implementing them not only in this situation but futures ones that are sure to come.

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