Tenants wants me to install a fence

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Tenants wants me to install a fence

Harry Lin
Member since 2019 · 9 posts · 0 votes

Tenant wants us to install a fence in the backyard because his car got vandalized. The way he positioned it is that it could be the House next time.

This is a bad tenant who knows how to play the system. He recently lied about his salary got reduced for us to give him a discount. He is 5 months late on water (under his name) in the state of P.A. the owner will be liable for any unpaid water if he leaves. I have to remind him to pay water every month, most of the time he doesn’t pay. The initial contract was set up by a poor property manager and then I fired him and took over.

Are there any legal precautions if I tell him no? Due to zoning requirements (i don’t know if it’s really allowed). I don’t want to install a fence or want him to install one.

I’m worry that he might come back and sue us later if anything happens to his car. He doesn’t have renter insurance as well.

At this point, I just really want to evict him as he’s on a month to month lease now but think it’s better to keep him until covid is over.

Thanks for your advice.

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  • Pat L.
    Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
    6y

    '...I just really want to evict him as he's on a month to month lease now but think it's better to keep him until covid is over....'

    I'd rather deal with Covid than a bad PITA tenant...

    you honestly think that his accumulating H2O bill is ever going to be paid..

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  • Percy Matsunaga
    Flipper/Rehabber · Sacramento, CA · Member since 2016 · 282 posts · 85 votes
    6y

    @Harry Lin

    I would let him know that the fence will not be something you will be moving forward with. It’s not his property so that should be the end of the story. 
    You should also get together with an attorney to start the eviction process the next time he is late on his rental payment. 
    I would not give him the choice of a month to month lease. 
    I would offer him a year lease with other stipulation in it. This should include increase in rent. 
    Then, I would also start looking for a better Property manager to manage the property. 

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  • Adam Martin
    Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    6y

    I am a big fan of adding fences and when a post pops up asking the best value add to a property that is usually my response to attract people with dogs in order to increase rent.  It sounds like however the tenant you have is trouble and needs to go.  Water bills can vary greatly, have you been able to verify how much he owes, if it is getting up there I would issue a cure or quit to let him know you mean business even if you can't evict right now.  For the fence if you don't want one this may be a good candidate for the happy clause to have him look for greener pastures since it is a pretty steep cost and he is obviously unhappy at his current residence.  I wouldn't suggest for this one asking for them to pay part or see how much extra rent they are willing to pay because once they were caught up on bills I would most likely be looking to term the lease.  If the bill isn't that high I would look to have the 30 days end right after the moratorium is lifted and get someone new while we are still in peak season. 

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  • Harry Lin
    OP
    Member since 2019 · 9 posts · 0 votes
    6y

    @Pat L.

    This is probably a dumb question but can I evict for late water if it’s under his name? He’s been up to date with the rent but just never pay water.

    He’s on month to month lease, meaning I can give him a notice anytime?

    Apologies for these dumb questions, in new to the game.

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  • Harry Lin
    OP
    Member since 2019 · 9 posts · 0 votes
    6y

    @Percy Matsunaga

    Thank you. Appreciate the response. I think I will probably have to evict next time. He’s been missing his water payments every month. This tenant is taking advantage of me because I’ve been too nice to him.

    I asked the prior person that responded but can I evict for late water payment ( water is under his name). Water bill is like 500 past due now.

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  • Harry Lin
    OP
    Member since 2019 · 9 posts · 0 votes
    6y

    @Adam Martin

    He is 500 behind water now, about 5-6 months. The water is under his name but I will be liable if he leaves. He canceled his auto pay last month telling me his salary got cut, which was fake. I had to give him a discount for him to pay last month’s rent. I also promise him a reduction in forward rent by 10% until next year ( verbally). Hopefully this is nothing binding. The lease is expired and currently on a month to month basis.

    It’s a dumb situation I put myself in being a new landlord but hopefully will learn from this.

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  • Adam Martin
    Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    6y
    Originally posted by @Harry Lin:

    @Adam Martin

    He is 500 behind water now, about 5-6 months. The water is under his name but I will be liable if he leaves. He canceled his auto pay last month telling me his salary got cut, which was fake. I had to give him a discount for him to pay last month’s rent. I also promise him a reduction in forward rent by 10% until next year ( verbally). Hopefully this is nothing binding. The lease is expired and currently on a month to month basis.

    It’s a dumb situation I put myself in being a new landlord but hopefully will learn from this.

    That is way behind on water and I would be having a conversation about it telling him he needs to get caught up.  I assume you have on your lease that they are responsible for keeping up with utilities so I would think that could be grounds for failing to follow the lease.  Even though you promised a 10% reduction which may have been a mistake since this seems like a guy you want gone anyway you didn't sign a lease to renew for that period.  I would think you should hold your end and keep the reduction if you keep him as a tenant.  You didn't mention you told him he could stay that long so I would go that route to get him out assuming he is behind on water and will most likely continue not to pay.  Even though the water isn't in your name you have a financial interest since at the end of the day it will fall back on you and will keep getting worse.  At what point in your area do they cut off water and at what point are you expected to pay.  

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

    There was no fence when he rented it, so no you don't need to install one.

    Give him notice to pay the water in full by a set date or he is in violation of the lease and needs to find another place to live.  Once covid restrictions are lifted and eviction bans, just give him notice that he needs to move.  If he doesn't, then evict him for non-payment.

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  • Pat L.
    Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
    6y

    I'd be hounding him to pay the water or you will. Had a fellow investor get stuck with a big one several years ago, no recourse & he knew it was mounting to $800+. Then for them to leave without a problem they wanted a good referral to the next landlord. Then. he sent it to collections.

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