Help with Tenant and AC issue.

Help with Tenant and AC issue.

Rental Property Investor · Houston, TX · Member since 2017 · 31 posts · 7 votes
Hello BP users. I am in need of some guidance and not sure where to start. I will do my best to lay out the story and welcome any advice or recommendations you may have. I have a Tenant who rent a small office space from me. He called yesterday stating the AC unit was vibrating and making lots of noise(Packaged Unit on the roof). I immediately called and had a repair person over to the unit to investigate and repair the issue. Once he arrived he immediately noticed the noise was coming from the motor. After diagnosing the issue, found out a piece of blade was broken from the fan causing it to spin out of balance and resulting in the vibration the Tenant was hearing. Given the fact that this AC unit is an older unit and the part to replace it was not readily available, the repairman promised to buy the part the next day and replace it. Fast forward to the next day, the repair person told me he was on another job site and would come to replace the part soon as he was finished. Fast forward to midday, the Tenant called and we explained to him the situation, but by then he was upset and not having it. Well, I can do my best to have someone do the repair but I can't move mountains and have them there exactly when the Tenant want. In the afternoon, while at the hospital with my pregnant wife, he called but I was unable to pickup. Within 20 minutes, no exaggeration, he called me 28 times. That's right TWENTY-EIGHT missed calls because the AC had not been fixed since we told him it would be fixed today. Left a couple voicemails and sent me some nasty text messages saying how this AC issue is causing him money and losing clients and plan on calling the county health department and get his attorney to come after us. Quite frankly the man was downright nasty and rude. I called him back after leaving the doctors appointment and it was nothing more than a tongue lashing regarding what the law says and how I have an obligation to him. I was just as upset with him and really didn't know what to say. Keep in mind, this Tenant who's only been in this unit for a few months. His first check for the first month, last month and deposit bounced and was returned to us. After notifying him he gave every excuse in the book, and eventually gave us another check while not adding the returned check fee or any late fee specifically stated in the lease. Also, past couple of months we've had to call and remind him the rent is due 10 days late and we don't force him to pay the late fee agreed upon. Everything he's ever called us to fix we promptly address, but he chose this incident to show his true colors and how nasty he can be. Any piece of advice to help with dealing with this individual is greatly appreciated.
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Investor · Monroe, WI · Member since 2015 · 691 posts · 610 votes
9y

You've been training this tenant to be exactly how he treated you. You aren't enforcing the rules in the lease in regards to late fees and I'd put an absolute stop to that. The way he treated you in this situation,  I would certainly not forget it and the first opportunity I had to evict him, I would without a second thought. Life is too short to deal with unreasonable people. 

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  • Investor · NW Indiana · Member since 2012 · 833 posts · 197 votes
    9y

    @Herly C. next time make sure you do not take checks for deposits.  Also, you should  have started the eviction process when he was late. Check your state laws, but usually you are allowed about 14 days time for repairs that are not emergency repairs (heating, water)

  • Rental Property Investor · Houston, TX · Member since 2017 · 31 posts · 7 votes
    9y
    Hi Carolina E. , thank you for the advice I will confirm what the law is regarding timeline for repairs in Florida. You're right about the check, but these are painful lessons I am learning.
  • Rental Property Investor · Houston, TX · Member since 2017 · 31 posts · 7 votes
    9y
    John Anderson the AC was repaired this evening, just not the exact time he wanted it to be fix. On what ground would he sue me here?
  • Rental Property Investor · Houston, TX · Member since 2017 · 31 posts · 7 votes
    9y
    John Anderson thanks for your feedback. The AC was fixed within 24 hours.
  • Investor · Jasper GA · Member since 2015 · 1k+ posts · 1k+ votes
    9y

    @Herly C.  Congratulations on your new addition. 

    I'd probably give him credit for the days the AC was broken.  You did everything needed to fix the problem and I don't think he could win a law suit if he tried.   He will be late again and don't call him when the rent is late and never waive a late charge.  I would send him a letter tomorrow explaining you have been kind by not charging late charges in the past but that won't happen any more. Send him a pay or quit the day after he is late and don't give him any concessions.  Evict him as soon as legally possible.  Life is too short to put up with this type of tenant no matter how much you are making off of him.  

    Good luck

  • Investor · Monroe, WI · Member since 2015 · 691 posts · 610 votes
    9y

    You've been training this tenant to be exactly how he treated you. You aren't enforcing the rules in the lease in regards to late fees and I'd put an absolute stop to that. The way he treated you in this situation,  I would certainly not forget it and the first opportunity I had to evict him, I would without a second thought. Life is too short to deal with unreasonable people. 

  • Rental Property Investor · Houston, TX · Member since 2017 · 31 posts · 7 votes
    9y
    Thank you very much Bob B. Thank you for the feedback. I am such a non-confrontational person(I know, I should probably hire a professional PM), we bend over backwards anytime a tenant report an issue, but today his nastiness certainly induced heartburn. I will give him a couple days credit, but be less lax on the late rent payments.
  • Investor · Vancouver, WA · Member since 2016 · 10 posts · 8 votes
    9y

    I would ditto what Bob B said.  Would not worry about being sued.  Its a wonderful game that tenants play with us to manipulate us and the situation.  Check your laws for your area on commercial rentals but having 17 years as a landlord, it is not worth it to put up with a tenant like that.  Next time he is late get him out. No amount of money is worth lost sleep and stress.  Be strong.  We all get one from time to time.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    9y
    Originally posted by @Account Closed:

    @Herly C. It depends how long it took you to fix it and if the tenant calls another repair person, and they said they could fix it now and that would-be grounds.

     This could not be more wrong. What could the tenant sue for ?  

    In Texas where you lived Joe, a/c is not even an emergency repair.

    The OP fixed the a/c in a couple of days and evidently was still working in the mean time except for the noise

    Please show us precedent for a tenant successfully suing a landlord in this scenario?  

  • Fishers, IN · Member since 2017 · 1 post · 0 votes
    9y

    In my immature days, I probably would have invoked the lawsuit threat when I got mad, that is before I grew up and found out lawyers cost money. The likelihood of someone being able to pay the retainer fee, the court filing charges, etc... is slim to none. It is all hot breath. As far as calling county officials, I have known people on the other side of this story as renters...these departments do not care, they do not enforce things unless it gets media exposure. "Going to court" for anything is a long process. I think I had a traffic ticket that could almost a year in court. So never those threats scare you again. I hope this is your only and last bad experience.

  • Joseph ODonovanPro Member
    Property Manager · Ridley, PA · Member since 2017 · 427 posts · 449 votes
    9y
    @Herly C. 1) Get rid of this tenant as soon as legally possible. Tenants like this will continue to push your buttons and manipulate you. 2) The lawsuit commentary is an absolute joke. He would have to PROVE damages and negligence on your part, and he has neither. Best of luck going forward.
  • Investor / Real Estate Agent · Oklahoma City, OK · Member since 2015 · 324 posts · 157 votes
    9y

    You had it fixed within 24 hours, I see no problem with that. You need to tell the tenant that he needs to calm down and that the problem was addressed within a very reasonable time.  Also never take a check for deposit or rent. Money order, cash, or direct deposit is the only way to go. 

  • Forney, TX · Member since 2013 · 119 posts · 101 votes
    9y

    Good deal @Greg H., I couldn't get down to the reply box quick enough.......

     @Account Closed  FYI - we evict folks that talk to us that way, I guarantee this would be the last interaction I had with him.  Until your tent has establish some sort of credibility with you you should always charge all necessary fees.

  • Rental Property Investor · Houston, TX · Member since 2017 · 31 posts · 7 votes
    9y

    All,

    I can't thank you all enough for the much needed advice and things I needed to hear. I understand there is a learning curve to being a landlord and I am certainly hitting those marks that only come with experience. My wife have a knack for identifying trouble people and even before that bounced check she felt he was not an honest person, but I didn't listen. 

    @Greg H. Thank you for the example. As I reviewed Florida laws regarding AC, it does not seem to be an emergency, I understanding it's hot here, but there was no reasoning with him.

    @Shannon Slade

    @Shannon Slade. Thank you for the affirmation. I really appreciate having a place like this to come to and having wonderful people who are willing to share their experiences with me and others.

  • Johnson City, TN · Member since 2014 · 586 posts · 705 votes
    9y

    He is not going to sue you. Sounds to me like he is broke with the bouncing checks and late payments. A lawyer will want money to file a lawsuit. He doesn't have it.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    9y
    Originally posted by @Account Closed:

    @Shannon Slade You can sue anytime you want but does that say you will win. @Greg H. Who is Joe?

     We have been through this before.  That would be you "Joe Gore"

    I wish I had the time to go back to the old threads and match your trolling one sentence posts word for word

    Everyone gets it....anyone can sue anyone.  Oh, and piercing the corporate veil can be accomplished by lunchtime

    Sorry to hijack the thread as only longtime members will know who I am talking about

  • Royal Oak, MI · Member since 2015 · 257 posts · 230 votes
    9y

    Honestly if a tenant behaved that way I would be sending a bill for all missed late fees, a letter stating that the actions of the tenants were not reasonable and why, including how the state and courts view AC repairs, as well as stating that any future late fees will be assessed in accordance with the lease. If you let this guy walk all over you he will.

    Make sure (if legal in your state) that there is wording in your lease that any penalties and fees imposed are paid first, and then money is applied to rent. This way if you don't like them you can evict for non-payment of rent.

  • Rental Property Investor · Houston, TX · Member since 2017 · 31 posts · 7 votes
    9y

    @Shaun C. thanks Shaun. We are holding fast on not allowing this behavior to continue. 

  • Corby GoadeBusiness Member
    Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
    9y

    I wouldn't lose a minute of sleep over this. In our lease, we promise to respond to any issue and offer a solution within 24 hours and that had suited us well. I'm no attorney, but if you had it fixed within 24 hours, that sounds like great service to me, I doubt any lawyer would take that case, and if you went to small claims- if you could show that you were called 28 times and sent rude texts and still fixed it within 24 hours? I think you can rest easy- but don't renew that lease.

  • Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
    9y

    depending on the voicemail and the texts... sounds like it could be harassment and or threats and legal action could be taken against him.

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

    As you pointed out yourself you should hire a PM. If in the future you believe you are allowing any personal emotions to interfere with your business decisions you should make the decision to hire a PM.

    Stop bending over to satisfy tenants requests, time to accept confrontation as part of doing business. Never allow tenants to walk over you and never excuse any lease language terms. Late fees must be paid,no exceptions.

    If you can not inforce or evict hire a PM.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    9y

    Commercial property , next time make tenants responsible for heat and a/c  repairs 

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