Inherited tenant - behind on rent. Digging up selling trees

Inherited tenant - behind on rent. Digging up selling trees

Rental Property Investor · Gig Harbor, WA · Member since 2015 · 88 posts · 43 votes

We have an inherited tenant. Her and her husband had been there 5 years. He was a landscaper and they traded landscaping services for rent with the previous owner (whom we know). Last November we purchased the property. They had zero deposit. 

It was severely under market in rents. We notified the tenant the rent would be increasing in four months. Giving them plenty of time to make new arrangements. They chose to stay and signed a lease with us with the agreed upon rent. 

they paid ome month of the new rent price and then the covid 19 outbreak came. She said she lost her job and the news said she could have “free rent”. I explained that’s not how it works, was empathetic, and asked to contact her employer she listed on the lease to verify she lost her job and I would work with her. She said nevermind I’ll pay. She did send me a screenshot of a text saying they won’t need her nanny services this month. And I took it as good enough and waived the late fees. 

Rent has come from different local charities in the mail this month and she gave me her 30 day notice. She is still $200 short on April’s rent. 

Today she dug up a Japanese maple and sold it on Craigslist. The tree has been there for at least three years. Her and her husband landscaped the back yard in exchange for rent or reduced rent. An arrangement made with the previous owner. I asked her to stop she said, “sorry no it’s mine  I paid fir it. You’ll have to talk to previous owner”. 

Normally I wouldn’t care, i would just let it go.  But she still owes us money for rent and if she does pay us it’ll be with the tree I purchased on the property. She’s moving out and driving big trucks through the backyard on a rainy day. I have no deposit I can deduct from, as the previous owners did not Cole t one. 

I need feedback. Isn’t trees real property? How would you handle this? 

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Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
6y

@Carly M. So you inherited a tenant that sounds like they were never really qualified in the first place to rent the unit for the amount of their lease and in the end getting rid of them is costing you $200 and a tree you didn't pay to plant in the first place? 

Given the current situation landlords are in without being able to take legal action of any kind for the foreseeable future I would consider this a win.  Add to that, you may get that $200 they owe you before they split who knows. 

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  • JD MartinBusiness Member
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    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y

    Anything attached to the property is part of the property. I would photo document everything and try to recover when they are gone. The cops aren't going to do anything about it but your insurance company might. Yes, trees are part of the property and they can be a pretty big expensive part of the property. 

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  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    6y

    I agree.  Anytime something becomes attached to the property, it then becomes part of the property.  Plus, if they traded that tree for rent, they no longer own it anyway.  It was used as a rent payment.

    You can get a judgment against them, even in small claims court.  You may never collect, but you can at least give them a consequence, and it won't cost you much in the fees to sue in small claims court, and with the judgment on their credit, at least you can warn future landlords/lenders.

  • Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    6y

    This is a new one for me. A Japanese maple seedling in the 2-3 foot range is going to run you about $100. I realize the removed tree was likely much bigger than 2-3 feet, but this isn't going to hit you insanely hard in the wallet to replace the tree and have it grow out in a year or two, unless this is some kind of special Japanese maple. In the rentals I run, where I run them, I don't have these concerns about individual trees.

    I would do as @Account Closed advises here. Get that judgment on their credit. They can explain their dirty tree trick to a landlord down the line.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    I'd be more concerned about the heavy trucks driving over the lawn.  If they are using a moving company, call them and tell them to stop driving on the lawn or you will charge them for the damage.  Also once the tenants move out, provide them with the documented evidence (take photos of the trucks on the lawn) and tell them you will be taking them to small claims court.

  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    6y

    @Carly M. So you inherited a tenant that sounds like they were never really qualified in the first place to rent the unit for the amount of their lease and in the end getting rid of them is costing you $200 and a tree you didn't pay to plant in the first place? 

    Given the current situation landlords are in without being able to take legal action of any kind for the foreseeable future I would consider this a win.  Add to that, you may get that $200 they owe you before they split who knows. 

  • Property Manager · Raleigh/Durham NC · Member since 2015 · 210 posts · 293 votes
    6y

    I agree with what Michael above said. Many tenants are using Covid19 to stop paying rent and staying put. If she is agreeing to leave I'd do everything I could to help expedite that process and not stand in the way. $200 and a tree is nothing. I usually anticipate $500+ for each turnover even with good tenants.

  • Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes
    6y

    @Chris London how do you do a trun over for $500? I figure $5,000 when I get that call. One month rent lost $1,500, cost to re-lease $1,500, and then $2,000 in stuff that is wear and tear and not covered by SD, like a capet that was 5 years in place or fresh paint. That's $5,000

    @Carly M. a tree is a fixture, at least in Wisconsin and belongs with the property. However, some battles are not worth the fight - this might be one of them. 

    It's important for your mental health that you don't let things like that get under your skin, you run a biz, just like a grocery store will have to toss some expired food, you'll have some losses. Comes with the territory. You manage and minimize it, but you know it will happen.

  • Member since 2019 · 1k+ posts · 1k+ votes
    6y

    Keep the trucks off the lawn, get the place advertised and rented again, fill the tree hole, threaten action & registering an order on their credit which will handcuff them for future renting and see what comes. Maybe they’ll find some juice money in the sofa on the way out.

  • Rental Property Investor · Gig Harbor, WA · Member since 2015 · 88 posts · 43 votes
    6y

    Thank you all! I agree, it's $200 bucks it's a wash, get her out of there.  What rubs me the wrong way is she owes me $200 still and is digging up a tree I own to pay me. I was more curious as who whose tree it was. Also, I was afraid she'd dig up and sell the entire backyard and have $0 deposit. 

  • Rental Property Investor · Gig Harbor, WA · Member since 2015 · 88 posts · 43 votes
    6y
    I agree, Jim. I'm pretty sure the judgement will not happen. I'm fairly certain they're undocumented and she didn't give me a SSN on her info. Which I am pretty sure you need to file a claim. It's a wash. I do not think I am going to get much out of it. 

    Originally posted by @Jim K.:

    This is a new one for me. A Japanese maple seedling in the 2-3 foot range is going to run you about $100. I realize the removed tree was likely much bigger than 2-3 feet, but this isn't going to hit you insanely hard in the wallet to replace the tree and have it grow out in a year or two, unless this is some kind of special Japanese maple. In the rentals I run, where I run them, I don't have these concerns about individual trees.

    I would do as @Account Closed advises here. Get that judgment on their credit. They can explain their dirty tree trick to a landlord down the line.

  • Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
    6y

    I'm sorry, but I find this story humorous in times like these - first signs of the hustle - lol. I think others have said enough about what you could/should do, I'll add it's good for a laugh.

    And, you won't have to spend money pruning and cutting it down later! Some people see trees as value-adds, I see them as expenses, even in my own yard. Which reminds me, I have a couple trees that need to go in my rentals.

    Also, you live in (western) WA - lol - I live in WI - we both know there is no real need for more vegetation!!! You'll have a jungle in a year if you just let it go.

  • Rental Property Investor · San Clemente, CA · Member since 2017 · 10 posts · 14 votes
    6y

    @Carly M.

    The tree would be a part of the property, not theirs to take with them.

    It would be like a tenant claiming, “I bought and installed the new tub, I’m taking it with me when I move out.”

  • Rental Property Investor · Gig Harbor, WA · Member since 2015 · 88 posts · 43 votes
    6y

    @Merritt S. I agree!! It’s humorous! Everyone posted is all right, you’re right. It’s $200 so what?! But I was more curious about who owns trees tenants plant. I do appreciate the hustle, haha. I’ll file it under my “I can’t believe that happened” file and move on!

  • Rental Property Investor · Canton, OH · Member since 2017 · 1k+ posts · 1k+ votes
    6y

    @Carly M.

    If they were trading rent for landscaping before the rent was increased, why you would think they could pay the increased amount? Was there any type of income qualification/verification you did before signing the new lease with them?

    But back to the question about the trees. I would probably go to the property and take pictures of everything. If the tenant sees you doing that they might be a little more reluctant to sell anything else. You can also share with them any clauses in your lease that reinforce trees and other attachments to the property stay with the property. Fortunately none of this sounds like a very expensive problem to have, but nevertheless it's still an annoying problem

  • Rental Property Investor · Gig Harbor, WA · Member since 2015 · 88 posts · 43 votes
    6y

    @Account Closed They are inherited tenants. They were trading rent for landscaping services with the previous owner for the duplex as well as the previous owner's personal home, I believe about 5 years back. It's been a while. I did not qualify them, nor did I trade services for rent with them. We purchased the unit in November 2019. The rent was under market by about $550. I let them know in March of 2020 (a 5 months heads up) the rent would increase and they would remain on a month to month lease. Giving them plenty of time to make arrangements. 

    Thank you for the advice! I agree, it's not that big of deal or cost, but more of an annoyance. 

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