EXTREMELY AWKWARD ongoing situation with tenant

4 Replies

Ok everyone brace yourself on this one as it will be a long story.  I am simply looking to advice I have a previous post where I outlined some of the details there.  I rented my house out as of September 1st, 2018 and my tenants have not yet moved in.  There was initial problems with water coming into some rooms which good news that problem appears to have been solved which is the major issue.  Now fast forward a bit I have two other big problems one the tenant and I agreed to just calculate the square footage of this sunroom and give her a deduction based on the square footage but it is still an issue with a leaking sunroom of doom.  The other big problem that I thought was resolved but is not is I have water leaking into the garage.  This house is 3 level tiered house and the garage is the lowest level so it is practically a basement/garage.  I thought this issue was resolved it is not resolved now I had to have a wall rebuilt that was ate up with mold luckily I have caught the water early this time and cut the drywall back so the only mold food is the bottom wood beam.  This all stinks bc the wood beam is brand new.  I live in Texas and we are getting nonstop rain and there seems to be no end in sight in clearing up this situation.

Now this is where things will get interesting I am a private investigator so I have an application that records all my phone calls.  My tenants I gave them an out a few weeks back and they insisted they still wanted the property and for me to take  ever how long I wish to get everything in order.  I start spending a pile of money throwing the kitchen sink at the water coming into the house problem and I am fighting an uphill battle.  During that conversation I told them that no contractor can promise they are going to be able to keep water out of the residence but they insist on still wanting the property.

Again more weirdness me and the tenant had a big blow up argument a few weeks back around me waving rent which I decided to do during this whole fiasco I did a lot of digging and found out that she lied on her application with how much rent she is paying at her current residence with her landlord.  Either the tenant is lying or the owner she is renting from is lying.  But where it gets good is the tenant claimed that the owner of the residence she is renting currently is using a property manager which is also false I dont have recorded proof of her stating her claiming he was using a property manager but she did say as much and when speaking with the owner of the house he said he was not using a property manager.  Now the rental reference the tenant gave on the application the lady's name was that of the man who owns the house wife who also gave yet another amount they pay for rent at their current residence.  On their application they put they are paying $3600, the owner of the house said they pay $3200, and the rental reference that is supposedly the owners wife said they pay $3800.  I know this is a potential out of the contract since they lied but I will table that option for now.

The annoyance I am dealing with and found out is when I called her current landlord owner to the property which she is renting not a property manager he did not have a lot of nice things to say, but the supposed wife of this man gave a super rave review and he did say his wife was the primary person that deals with them.  When I told him that they were under contract with me and had been for several weeks he said this was the first he had heard.

The reason being he had not heard anything is this woman has entered a contract with me because she is a foster parent and is hoping to foster more children at my residence she currently fosters 4 and wants to move up to 6 foster kids.  I am fine with that I know it sounds crazy but my mortgage is not cheap and I want someone else paying it.

Now the last annoyance I am finding myself running into with this is I feel like I am getting the runaround.  I think since I have all these problems with this house she looking elsewhere for a better deal.  She has cancelled twice her showings with the foster care system to get approval for kids to move in.  Its a crazy circus but I also think if they deny the house when reviewing she is going to try to get her money back.  Additionally if she gets denied the ability to foster more kids and my house gets denied I think she is going to want to leverage the problems with the house and try to get her money back.  She entered a contract with me not even knowing if the house was going to get approved by the foster care system to begin with.

Even more craziness she has given me permission to live here to try to work with contractors to get the house up to par.  If she ask me to leave I have decided I am going to refuse to leave and probably terminate the contract effective immediately based on the grounds that they lied on their application and continue living here.  No one is looking after my property they have showed no interest in living here bc the foster care system has not approved them to be living here.

What a mess!  I am wondering if there would be any implications since she would be in default of me terminating the contract and continuing to stay here.  I have the deed to  my house on my phone in case there is an altercation and police are called.

Contact a lawyer and discuss ways to get out of that lease agreement. Give her back all her money, and get out of the contract. At this point, get out anyway you can. You aren't ready to be a landlord, and your house most definitely is not ready to be a rental property. You will have to fix all the issues in the house to get it rent ready, and then BEFORE you market it, you should download your local landlord tenant laws, and gain a FULL understanding of how to run a rental property. Only then should you go ahead and re-rent this property.

It is a mess and you are partly to blame because you are ignoring all these red flags.

Write her a notice that says the home is uninhabitable due to the water leaks and you are terminating her rental agreement, period. No fancy excuses, don't write a long letter. Just send the letter, terminate, and move on.

@Nathan G.   I am pretty sure there are implications on my end they have a lot of furniture here have paid for moving expenses etc.

She has also paid for utilities as well.  I would think they could sue for punitive damages.  She STILL wants to rent and says take my time etc.

I have a recording with them stating as much that they still want the house and to take my time.  If I piss them off and tell them they can't have the house then what then?

@Nathan G.     If I take your option do I have to give deposit and first months rent back immediately or can I hold everything until they get all their crap out of the place?

Here is the thing IF I do that I open a wide open door for my stuff to be damaged.  I am considering just walking away from this place and being done with the whole thing.  Then returning and looking at my beautiful house destroyed.