Finally got Renter who thinks she makes the rules out, now what ?

Finally got Renter who thinks she makes the rules out, now what ?

Point, TX · Member since 2016 · 10 posts · 1 vote

I had a tenant who I also knew personally for years ( I know big mistake) She has been a pain from the beginning. Never paid her entire deposit, owes late fees, had unauthorized pet, did not take care of appliances and sink drains, called police on my husband for being in the shed that only we use and she knew he was going to be there. 

There is another shed on the property for her use. She also spent 3 months demanding a new refrigerator when it was clear in the lease she was responsible for maintaining the one I bought and replacing it if something should happen, she kept the freezer too full and froze it up, my husband kept telling her what she needed to do but she wouldn't listen. He has since defrosted it and it works fine.

So much more but She finally left August 1st and left a check for what she determined would be rent for 1 day. She left the 2 house keys that I have had to provide her over the last year (no charge) due to her losing 2 keys. Should I change the locks and can I require that to be at her expense ? Who knows where those keys are ? Also can I legally charge more than what she determined she owes for a daily rate ? When you stay in a hotel it is more by the day than the week or month.

She was asked to leave and the rent was going up 150.00 monthly anyway.

Any advise even partial would be appreciated.

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

Changing locks isn't even that expensive and should be considered cost of doing business. It doesn't sound like it's worth while to go after her for 1 day of rent or fight her on the security deposit unless you don't value your time much.

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  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    Change locks TODAY. Send her a letter regarding any deposit as required by your state laws. When I get a tenant that thinks they set the rules I set my foot down and make it clear who does. If they continue to violate them I terminate the lease and proceed with eviction. 

  • Patrick LiskaPro Member
    Investor · Verona, NJ · Member since 2014 · 1k+ posts · 832 votes
    9y

    As far as changing locks, that's usually up to the landlord to determine if they want to do that, she returned the amount of keys you know she had, but i would change the locks anyway and i don't usually charge a tenant for that, i don't know if any one here has, i would like to hear what others have done. the day that she was there would be pro- rated based on what she was charged monthly, you can't just raise the amount,unless her lease had ended, but even that i do not think you can. walk through the house and note any damages that have to be repaired and make sure you remove the cost from the repairs from the security deposit she did give including deducting the late fees.

  • Point, TX · Member since 2016 · 10 posts · 1 vote
    9y

    Thanks John, my first mistake was renting to "a friend" 

    Can I recoup any of my expenses with her deposit ? such as the locks due to her losing keys ?

  • Point, TX · Member since 2016 · 10 posts · 1 vote
    9y

    Thanks Patrick, the lease had ended in April and I actually had to send an eviction notice but I knew her well enough that she would probably go at the end of the month anyway so I chose not to spend 150.00 filing eviction in court since it was less money I was after.

    Now I will just move on and like you said take it from the deposit. I only hope she left it in decent shape.

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

    Changing locks isn't even that expensive and should be considered cost of doing business. It doesn't sound like it's worth while to go after her for 1 day of rent or fight her on the security deposit unless you don't value your time much.

  • Roger LeePro Member
    Investor · Needham, MA · Member since 2017 · 37 posts · 15 votes
    9y
    I've been there and she sounds just like the tenant I had. Change locks asap and Unless there was damage for thousands, I'd just move on and find a better tenant.
  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    9y

    move on with life and getting your place ready for the next tenant

    screen well

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    9y

    I will agree with the move on crowd. You already lost a friend and she is out so there is not much more to really gain (A couple bucks for locks and an extra 20 for a day). Normally I say take actual losses and track it all. In this case I would just get it rent ready and go on.

  • Reno, NV · Member since 2016 · 328 posts · 97 votes
    9y

    I change locks between tenants and don't charge a fee. I have extra cylinders that I rotate between units.  Now, I'm thinking about installing keyless entry doors.

  • Hudson, NH · Member since 2017 · 70 posts · 47 votes
    9y
    Why are you concerned about the locks now? The time to change and bill for them was when she lost the keys not months later.
  • Minneapolis, MN · Member since 2017 · 43 posts · 13 votes
    9y

    I would put in Kwikset locks.  The landlord can change the key at anytime.  She is gone I would screen diligently next time. 

  • Hudson, NH · Member since 2017 · 70 posts · 47 votes
    9y
    Forgot to mention, having tenants replace your appliances isn't normal. Not providing any is one thing, but doing things like claiming it was left by the previous tenants so that you don't have to maintain it is risky (not exactly what you did, but I've seen it elsewhere on BP). You wouldn't have any recourse if she kept your new fridge and replaced it with a failing mini-fridge on the basis that the old one broke and the 'new' one was all she needed or could afford. You could end up having to buy all new appliances in an effort to save a few theoretical service calls.
  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    9y

    It is illegal in Texas if you DONT change the locks.

  • Dallas, TX · Member since 2016 · 1k+ posts · 745 votes
    9y
    The previous poster is correct, in Texas you are required by law to change the locks. My advice is get the kwikset smart keys, they allow you to rekey the locks in a couple of minutes. You are also required by law to give an itemized list of damages and return the damage deposit within 30 days of being given a forwarding address. I don't know what you would have to do to document that you were never paid the damage deposit in the first place. May I recommend you not give keys to a tenant until you have a certified funds payment for your damage deposit?
  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Be thankful she has left and you learned a very good novice landlord lesson. Next time you manage the tenant instead of allowing them to manage you.

    "I only hope she left it in decent shape".

    Are you implying that you did not do any regular inspections during her entire lease term.

    Next tenant only use M2M lease. You do not want a repeat and do want to remain in control of the property. Term leases only benefit the tenant.

  • Shawnee Mission, KS · Member since 2016 · 719 posts · 313 votes
    9y

    I never rent to friends or relatives for this very reason .Time for a 30 day notice; breach of contract ,then list the very reason they broke the  contract.

    I am doing  a 30 day right now: late payment ,failure to pay all rent due for July. 

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    9y
    You should have charged for the lock change when she lost the keys, have her pay the locksmith then.When you change at the end of the lease that is normally on you and you should always do it. However some states may allow you to charge, check locally. For prorating the rent it is the rent/30 x days stayed or whatever you put in the lease, not a hotel rate. For damages check it out now and send the letter with charges by the number of days mandated in your state. It isn't about them being a friend it is about treating them as a tenant from day 1 which is harder with friends but you have to do it.
  • Point, TX · Member since 2016 · 10 posts · 1 vote
    9y

    All very good advice and confirmation of what I knew in my heart. I did not know that Texas requires me to change the locks. Even though I planned on it still good to know

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Lesson learned MAYBE,, Download your landlord tenant laws for your state so you know what the rules and regulations are.

  • Residential Real Estate Broker · College Station, TX · Member since 2013 · 1k+ posts · 969 votes
    9y

    Brenda

    Texas Rental Code requires you to change locks between Tenants. IMO, You should change the locks again as your new tenants are moving in. Purpose is to have Key Integrity so only you & Tenant have Keys and You know where all the Keys are!  Purpose is Risk Avoidance, in case someone copied the key between now and new Tenants moving in.

  • Rental Property Investor · Hamilton, OH · Member since 2016 · 31 posts · 30 votes
    9y

    We had a renter that had a break in...with a key... <eye roll>  He apparently gave one of his keys to someone and "somehow" other people have keys and "someone" broke in and stole a bunch of stuff.  W/E.  We came and changed the locks and charged him for the locks (front and back door set) $45 and another $50 for my husbands time to replace them.  

    I've had other things happen and immediately charged the tenant and referred them back to the paragraph in their lease.  CHECK YOUR LEASE!   Make sure it spells this kind of stuff out.  I go over our lease and let them know what they will be responsible for and that I will bill them and I expect payment or an eviction will ensue.  This is my job and not my husband's because he's too nice ;)

    However, I suspect this is all secondary info... You're real advice is not to rent to friends and family. Sadly.

  • Rental Property Investor · Yardley, PA · Member since 2008 · 1k+ posts · 561 votes
    9y

    I replace all old locks with the Kwikset Smartlocks. They can be re-keyed in about 30 seconds.

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    It doesn't matter what a state code says, I always change locks. Imagine someone having gotten a key (for whatever reason, however, doesn't matter), and using it to go in and commit a sexual assault, murder, etc because a landlord didn't change them between tenants. Are you prepared to defend a 10M lawsuit rather than spend $100 on new locks? Document damages, follow statute regarding notices, change locks, get better tenant, start making money again. 

  • Point, TX · Member since 2016 · 10 posts · 1 vote
    9y

    Locks have been changed. I did a walk through and she actually left the house in decent condition except it has become infested with Roaches. COULD BE WORSE

  • Dallas, TX · Member since 2016 · 1k+ posts · 745 votes
    9y
    Originally posted by @Brenda Norris:

    Locks have been changed. I did a walk through and she actually left the house in decent condition except it has become infested with Roaches. COULD BE WORSE

     Its Texas, the roaches are bigger.  Doesn't really matter how clean you are, they exist, just plan on periodic pest control as one of your expenses.

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