Inherited tenant, unresponsive, breaking lease, what to do

Inherited tenant, unresponsive, breaking lease, what to do

Investor · Central, AR · Member since 2016 · 34 posts · 10 votes

I apologize for the jumbled subject line. 

So I am posting just in case anyone else is new and having the same/similar issue(s). We inherited a tenant with our last purchase. She was on a month to month lease so we agreed to keep her on. We had her sign a new lease, received rent timely, and everything seemed fine. When we purchased the home (SFH 4/2) she had complained about squirrels in the attic. No, problem we had a pest control person come out and found out there were roof rats and squirrels. Pest control sprays and says they will be back out in a couple weeks to check on the progress, etc. Well the tenant then claimed that the home was no longer inhabitable. We have had this property for 2 weeks, have been actively updating the home, and she has been living in the home for almost 3 years. We said per our lease, she is welcome to break the lease and suffer no penalties, and that we would prorate her rent depending on move out date. I felt like this was fair to everyone. Unfortunately, at this time she started threatening to call the health department, saying that the pests were causing her son to have asthma, that we paid people under the table to have it pass inspections...it was a lot that was relayed to me via our PM. I told her that I was sorry, but our lease specifically addressed her issues and that she had signed the lease that the home was in good condition and that was our best offer she would receive. She had asked for us to give her money back for living in the home in that condition, for us to move her to one of our other properties, or to just give her money to leave.

 Eventually she said that she would like to break her lease, We agreed that we would waive the obligatory 30 day written notice that the lease requires in this instance due to her feeling the home was not in good repair, and that she would have to be out by October 5th, or be liable for all of October's rent in addition to losing her deposit (all spelled out in the lease). 

This was about a week and a half ago. During that time we have tried to arrange for other maintenance appointments, but she will cancel at the last minute, or say that she is unavailable all day. Over the past two-three days, we have messaged her numerous times and have received no response. At this point should I just bide my time until October 5th? Or should I continue to reach out?  

*I checked with the pest control person and the HVAC maintenance man and neither mentioned anything egregious in terms of mice, maintenance, or otherwise*

0Reply
12 views

Most Popular Reply

Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
8y

@Payton L. , I'm not sure of your specific state laws, but the tenant does not have to be home to have an inspection or repairs made. 

Set another appointment, and when she cancels, tell her "That's no problem, you don't have to be there for the work to be done." Then go in and do what you need to do.

See this reply in the discussion

11 Replies

Jump to latestLatest
  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    8y

    @Payton L. , I'm not sure of your specific state laws, but the tenant does not have to be home to have an inspection or repairs made. 

    Set another appointment, and when she cancels, tell her "That's no problem, you don't have to be there for the work to be done." Then go in and do what you need to do.

  • Investor · Chicago, IL · Member since 2009 · 1k+ posts · 1k+ votes
    8y

    Seems like you are keeping a good paper trail.   You sent an exterminator.   You offered to let her move.

    It is unlikely that she'll be able to find and afford a lawyer to take on any lawsuit against you, for asthma.   If an inspector comes, you might get cited.  You can show that you had professional work on the property.   You'll survive this.

    Sometimes, rodent droppings, urine, etc..  can stink up a place.   Is there an odor?

    Last, getting rid of this tenant is the thing to do.   

  • Investor · Central, AR · Member since 2016 · 34 posts · 10 votes
    8y

    @Mindy Jensen I will check my state laws for sure. My understanding is that unless it's an emergency, 24 hour notice is required. I have yet to run into the issue of a tenant refusing entry for maintenance, so I was unfamiliar with the protocol. I think you may be right though. If so I will be sure to let my PM know that we can make repairs without the tenant present. 

    @Brian Ploszay When I last toured the property previous to purchase there was no odor, however I am currently out of the state, and haven't been by personally since. My PM went to have the lease signed on September 5th, and didn't mention any odors. I will admit, the threat of a potential lawsuit had me anxious for a while. However, I am doing my best to document everything, and to treat the tenant with respect. 

    The silence coupled with the combative nature of the tenant is something that concerns me a bit, but hopefully it's just a case of a bad tenant fit and will pass quickly. 

  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    Stop trying to cater to your tenant. You are being tested and her goal is clearly to live rent free, if you want to pass the test serve notice.

    The day after her rent is due, which she is not likely to pay, issue a pay or quit order. Regardless of what verbal agreement you may have you need to protect yourself by following proper state code.

    You also need to hire a new PM since they obviously do not know how to do their job and will most likely be required to evict this tenant. Get a PM that knows how to manage tenants properly.

  • Investor · Central, AR · Member since 2016 · 34 posts · 10 votes
    8y

    @Thomas S. does it count if we have a text from her saying that she is giving notice of breaking the lease and a further text confirming that we will accept this on this one occasion as 30 day notice? I will have the paperwork ready to file on October 5th if she is not out. That is very good advice. 

  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    Protecting your position is crucial. Theoretically she will soon be a ex tenant so file the paper work immediately to protect yourself. Indications are that she can not be trusted.

    Just so I understand is her rent due on the 1st or the 5th of the month.

    Serve the notice the day after her rent is due if she is still in the unit and rent has not been received. Keep in mind if she pays by check she can put a stop payment on it. If she is not out I would insist on payment n cash.

  • Investor · Chicago, IL · Member since 2009 · 1k+ posts · 1k+ votes
    8y

    Don't be anxious about the lawsuit.   Hard to prove.   Hard to find an attorney to take such a case, unless you pay them upfront.  

  • Griffin, GA · Member since 2017 · 63 posts · 82 votes
    8y

    there is no warranty of implied habitability in Arkansas. 

  • Investor · Central, AR · Member since 2016 · 34 posts · 10 votes
    8y

    Interesting @Carl Pickens. I will look into that further. 

  • Investor · Central, AR · Member since 2016 · 34 posts · 10 votes
    8y

    @Thomas S. Rent is due October 5th. We use deposit slips for payment

  • Investor · Central, AR · Member since 2016 · 34 posts · 10 votes
    8y

    Update: tenant was not out by the 5th. On the 6th I filed a Notice of Unlawful Detainer. By 11pm that night she was out. She was supposed to surrender the keys to myself or a representative and get a final walk-through, which obviously didn't happen. I go to check on the condition today. 

    Glad to have the apartment back if nothing else. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.