What should I do with this tenant?

Question

Hi I have a Two family home. I live in the bottom unit. Tenant lives upstairs. He hasn’t paid me for this month. I don’t like him at all he has multiple lease violations such as smoking, loud parties as night, and having people stay for multiple weeks at a time. His lease is up in April which I’ll be kicking him out.

Greg Scott · Answer

Too much emotion in this.  It will get you in trouble.

Pretend you work for a company that owns the duplex, you have no dog in the fight, and your job is simply to enforce the lease. Dispassionately notify them of lease violations and the consequences. Without emotion, send them a Pay or Quit notice when the rent is late and start the eviction filing proceedings that you can given COVID restrictions. When you do it this way, you can even be sympathetic to them, creating a cordial relationship. "It sucks that you haven't gotten your paycheck yet." You are more likely to get paid that way.

High emotions can simply create a battle ground.

Nathan Gesner · Answer

The eviction moratorium is for non-payment of rent. You can still evict for lease violations.

In my opinion, you are way to emotional with this guy. Do you think arguing with him via text will suddenly convince him to be a better renter? It won't. All you're doing is ramping up your own emotions. Does your mortgage lender or utility company call or text and argue with you about when a payment is due? No. They tell you once, then they hit you with the fee and another reminder, then they shut you down.

Here's how you should respond:"This is reminder that your rent is late. If not paid in full by the 5th day of the month, you will be charged a 5% late fee. If not paid in full by the 19th, you will be charged a 10% late fee."

No emotion, just business. Let him spout off all the excuses but just ignore them. Charge the late fees. Move on.

Renee Potoczny · Answer

If you can't/do not want to evict currently, maybe offer him a payment plan to help get the rent paid.  That would be a good time to reclarify your expectations as the property owner...no smoking, parties, guests, when rent is due, etc.  The texts are pretty casual between you and the tenant, so he's not treating you as a business owner which makes it more difficult for you to enforce the rules.

Filipe Pereira · Answer

Account Closed the problem is he probably can't just evict all willy-nilly right now due to ya know....covid.

@Steve TotinoI hate to say it, but @Greg Scott is totally right here. You're letting your emotions get the best of you, and it's resulted in nothing thus far. You're making some serious claims and whether they are right or not, they aren't getting you what you want - to be paid. Find out what the tenant wants or needs and approach it in a way that gets both of you what you want. IF they remain unapproachable and really are just deadbeats then be prepared to not get any more rent from them and begin the eviction. Just understand you could be in it for the long haul given the difficulties in evicting people in most areas right now.

Patricia Steiner · Answer

You're running a business.  And, lease violations are always a sign that the tenant is attempting to take control.  I recommend discontinuing the text messaging and post a Notice To Quit (in a sealed envelope addressed as:  Hand Delivered to (his name), date and time. Take a photo of it taped to his door).  The Notice To Quit should detail the non-payment of rent as well as all lease violations including his unauthorized "tenant" that he calls a guest (in most states, someone who stays more than 10 days within a 6 month period is no longer a guest).  Give your state's mandated notice to cure all violations or eviction will be filed. While you cannot evict him due to the moratorium on non-payment of rent, you can kick his butt to the curb for the lease violations.  You can also file a small claims suit for the unpaid rent and offset his security deposit.

Stop texting and get down to business.  The second he's gone, the sooner you will be to having a paying tenant who respects you and your property.

David Avery · Answer

I would not be able to pay the water bill if the rent is not paid.

Then the board of health will remove them with a "48 hour strict notice".

If you don't receive rent, than you can't pay the water bill.

Done this several times, it works!

Michael Robbins · Answer

If the tenant has any lease violations then I would consider consulting with an attorney and sending a letter (or necessary notice) for that violation to be cured.  I think taking a video and sending multiple text messages could open the landlord up to "harassment" claims by the tenant.

John Teachout · Answer

I think the amount of correspondence you're having with the tenant is too much.l Post your pay/quit notice for the late rent. Post a cure or quit notice for the lease violation(s)

Take actions if not resolved. Rent is either paid or it isn't paid, no stories or financial education needs to take place. Just follow your lease to the letter.

Evan Polaski · Answer

@Steve Totino, this is only slightly helpful where you are, but my mother-in-law, who spent her career in HR always says: "You teach others how to treat you"

In this scenario, with you comment of multiple lease violations, you let those slip so now they think they can let others slip, like paying rent.  I would message him back and as noted, take some sympathy, but also be firm the you must enforce the lease.  Let him know ahead of time, you are going to be begin the process of full enforcing your lease and let him know that part of that process allows him time to remedy the violations.

This lets you balance the fact that you hadn't been actively enforcing your lease, while also letting him know you are going to be enforcing now and going forward.  But things like smoking in your unit can be a very costly fix to resolve when he moves out, so I would make sure to talk to an attorney, specifically for this issue, as to what you need to document and how you need to handle going forward, assuming he resolves the missed payment.

Steve Totino · Answer

I own the “duplex company” so why act as an employee?

What should I do with this tenant?

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