Rookie Mistake, now what?

[Brian Fazekas]

So I made a couple mistakes in this scenario. Not looking for persecution, but some advice.

I had a great paying tenant in an upper unit decide to move down to a lower unit (he signed a month to month lease for both apartments at each move-in). The lower unit had some extra features, so there was an increase in rent.  Ever since the tenant moved into the new unit (six months ago), he has been struggling financially (reduced hours at work and then totaled his car).  I had a conversation with him a few days ago that he needs to move back upstairs at the reduced rent amount.  After he moved back up, I see that he left the apartment with $350 in damages.  I didn't get a new lease signed going back up to the old apartment (do I still have to since he is moving back to the old unit?).  How do I get him to pay the $350 in damages?  I wouldn't have a problem with him staying, if he continues to pay.

[Steven Warner]

Brian: 

With all due respect, you have already given him the upper hand. 

Time for a "Come to Jesus" talk with the tenant.  Spell it out to him that you have been working with him on a number of issues but the gravy train has ended.  You are a business owner and despite the fact you want to be fair, he has to meet you half way or the LL/Tenant relationship will have to come to a close.    

As for your "damages", cover that with him as well.  What is he going to do about it?  Not pay?  lay things out for him calmly and factually and ask him what he would do if he was you??? 

Honestly, it sounds like its time to find a new tenant.  

Good luck!

Steve