Tenant Planting Incense sticks in the hallway of the Building

Tenant Planting Incense sticks in the hallway of the Building

Jeremy AnanPro Member
Rental Property Investor · MD · Member since 2017 · 102 posts · 21 votes

Hello BP, I have a tenant in a 7-unit building planting Incense sticks in the hallway (by the stairs). The damage is obvious on the picture. I was able to find out the offender and asked her to stop. Just wondering how else I could handle the issue! Thanks for your input.

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Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
6y

Sounds like you did pretty great on your own in resolving this.  I do recommend sending her a Notice of Quit for Reason Other Than Non-Payment of Rent. It basically let's her know that she is in violation of her lease (causing damage to the property, creating a fire hazard, inappropriate use of common area) and that she either quits/cures or will be evicted.  It formalizes what you told her and if she fails to comply, you can offset her security deposit for damages and evict her. Since it's a violation other than non-payment of rent, the eviction moratorium would not apply.

Again, you handled it well.  I would formalize it to ensure that you don't have to handle it again.

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  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    6y

    Sounds like you did pretty great on your own in resolving this.  I do recommend sending her a Notice of Quit for Reason Other Than Non-Payment of Rent. It basically let's her know that she is in violation of her lease (causing damage to the property, creating a fire hazard, inappropriate use of common area) and that she either quits/cures or will be evicted.  It formalizes what you told her and if she fails to comply, you can offset her security deposit for damages and evict her. Since it's a violation other than non-payment of rent, the eviction moratorium would not apply.

    Again, you handled it well.  I would formalize it to ensure that you don't have to handle it again.

  • Investor · WI · Member since 2020 · 22 posts · 23 votes
    6y

    I had a similar situation with property damage, one of my tenants flushed a medicine bottle down one of their toilets and backed up the whole plumbing system. 

    It started with a notice of quit (like Patricia said), however I managed to get them to sign it also. Try and get them to sign if you can acknowledging the letter.

  • Patti RobertsonBusiness Member
    Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
    6y

    This drives me crazy.  They also tuck them in the door frames.  We’ve added a clause in our lease that makes this a violation.

  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y

    If you asked her to stop and she has, then you are done.

    Consider adding a clause to your lease that says tenants cannot store items, decorate, add air fresheners, or do anything else in the common areas.

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