Help! Crazy tenant, need Austin lawyer recommendation if possible.

General Landlording & Rental Properties
13yFollow

Help! Crazy tenant, need Austin lawyer recommendation if possible.

Robyn R.
Rehabber · Austin, TX · Member since 2013 · 41 posts · 4 votes

We have had a tenant in a SF rental for the past 5 months. We realized about a month after he moved in that he was going to be a problem to deal with so we immediately hired a prop manager so that we could be taken out of the equation. This was especially important to us because this house happens to be two doors down from our residence and we didn't want to spoil neighborly relations.
A few days ago, we started getting texts from the girlfriend (who is also on the lease but doesn't love there...) saying they wanted to meet with us to come to an agreement on breaking the lease. I advised her that everything was to go through property management. That didn't go over well, but her boyfriend is a bully and I didn't want to get bullied into an agreement that wasn't fair to us, hence why I hired prop management.
They want to break lease with 60 day notice with no penalty. The reasons for breaking lease are related to maintenance issues which they didn't feel were addressed in a timely manner. The claims are pretty bogus and I have documentation from the PM to dispute their claims. I countered that we would give them 60 days and their deposit back, but they needed to pay a one month penalty. They were not at all happy with that.
Long story short, the guy made a threatening remark to the PM today and so the management company just advised me that they are unable to effectively manage this situation and are pretty much hanging us out to dry with a very difficult tenant.
I could bore you all with a bunch of particulars, but the main thing I need right now is a good Austin RE lawyer to aid us in getting this jerk out of our property without him damaging it. One of the worst parts is that my husband just got laid off last week and this is the worst possible time to have vacancy and lawyer fees!
On top of needing a lawyer, I kinda also need a hug right now, and a virtual one will do:)

0Reply
114 views

Most Popular Reply

Jon Klaus
Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
13y

I'd let them out in 30 days, no penalty. Security deposit to be returned according to the terms of the lease. Then get a great tenant in there, hopefully before school starts.

7Reply
See this reply in the discussion

39 Replies

Jump to latestLatest
  • Steve Babiak
    Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    13y
    Originally posted by Arjun K.:
    I am surprised not more responses are disappointed with the property manager. Sounds like a terrible PM. All downside with that PM.

    Arjun K. - I don't think you can blame the PM for the tenant's behavior; the PM did not place this tenant in the unit. This is directly from the OP:

    Originally posted by Robyn Roberts:
    We have had a tenant in a SF rental for the past 5 months. We realized about a month after he moved in that he was going to be a problem to deal with so we immediately hired a prop manager so that we could be taken out of the equation. ...

    Now, the PM may have done some things that aggravated the situation, but the landlord / OP is to blame for the tenant being in this unit in the first place.

    0Reply
  • Steve Babiak
    Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    13y
    Originally posted by Robyn Roberts:
    As for screening, both had excellent credit and stable job history. The boyfriend lived in the same rental house for 8 years and the girlfriend owned her residence. She was planning on renting it out so they could live together, but she moved out after a week (although she's still on lease). She said it was because the commute was way longer than she expected, I think its because she realized he was crazy! I think the real reason they want to break lease is because she wants out from under it.

    Robyn Roberts - Seems that your screening process is inadequate, when I consider that you also posted this:

    Originally posted by Robyn Roberts:
    ...
    This morning he said to the PM that "he has two words for her, and the last time he used them he ended up in jail". Him making that statement has given them the excuse to say that the PM felt threatened. ...

    Jail time could be a disqualifying criterion under criminal history for me ...

    0Reply
  • Robyn R.
    OP
    Rehabber · Austin, TX · Member since 2013 · 41 posts · 4 votes
    13y

    Neither had any criminal record, I'm assuming he was just blowing hot air. This is a SF residence that rents for 1750 a month and everything on outsourced screening checked out with flying colors, so there was absolutely nothing about either of these two that tipped off that they would be difficult.
    The first inkling was when the GF moved out about a week after moving in and we had to started dealing with just the BF. It started innocuous enough with some of his concerns, but then started to become more clear that he was someone who was not all that normal in how he reacted to things. I take responsibility for not hiring the right PM, but there really weren't any red flags on this couple. We did the full screen through NTN and they passed with flying colors. If you have advice on how to better screen tenants, I'm open to suggestions.
    It seems that they have their own relationship problems and just want to get out of under the lease and we have ended up in the middle.

    0Reply
  • Bryan Hancock
    Investor · Round Rock, TX · Member since 2010 · 8k+ posts · 4k+ votes
    13y

    I didn't read this whole thread, but I can help you out with a lawyer if you IM me.

    0Reply
  • Arjun K.
    Real Estate Investor · New York, NY · Member since 2012 · 210 posts · 15 votes
    13y

    Steve Babiak

    The PM was happy for the business, but left them high and dry when it became problematic. Said another way, the PM was happy to take his fee for when there was nothing to do -- but when there was a problem he skedaddled. Sure he may have bit off more than he could chew, but he accepted the business and was happy to take the OP money when it suited them.

    1Reply
  • Robyn R.
    OP
    Rehabber · Austin, TX · Member since 2013 · 41 posts · 4 votes
    13y

    Steve Babiak I'd really like your advice on how we should have screened differently as I was referred to NTN's screening by another investor, so if there is a better service or better way to go next time I'd love to know if it can save me future headaches. Thanks in advance.

    0Reply
  • Steve Babiak
    Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    13y

    I used to use NTN - they are considered a good quality screening service for getting data to the landlord. I stopped using them because they are more expensive than alternatives that are now out there. The decision making that somebody performs based on the data, that is where your rental criteria and scoring - the things you consider important in a tenant - come into play, and that might be where you should consider adjustments.

    0Reply
  • Robyn R.
    OP
    Rehabber · Austin, TX · Member since 2013 · 41 posts · 4 votes
    13y

    Thanks, we used the highest standards they had available, but unfortunately one can't test for hidden personality flaws when screening.

    0Reply
  • Harry M.
    Real Estate Investor · Dallas, TX · Member since 2010 · 449 posts · 173 votes
    13y

    Robyn Roberts

    Virtual hug at ya! Conflicts are difficult.

    Anyway, I agree with the sentiment of "winning the war, not the battle". It's already 6/15, school starts back up around 8/25, so to me the best way to win the war is to try to get him to move out quick so you have a shot at renting to the folks with kids wanting to move before the next school year starts.

    Personally I'd approach it along the lines of "it sounds like there was a bit of a misunderstanding [don't acknowledge fault] with the PM, maybe we can chat and see if we can come up with something that works for both of us". I'd keep going along those lines until the situation is diffused, and everyone is chilled out. Then from there, it's a straight trade - I give you something you want (break the lease w/ no penalties), and in return you agree to move out quickly.

    Anyway, good luck! I hope it works out quickly and as painlessly as possible for you guys.

    -Harry

    2Reply
  • Brian Mathews
    Contractor · Round Rock, TX · Member since 2013 · 767 posts · 389 votes
    13y

    I think it was probably at one point a simple enough problem to fix, but as you have mentioned. The property manager screwed this one up badly and the tenant probably being a slight bit unbalanced or just fed up, has escalated to the point that there is no return, he has painted himself into a corner now. Is it possible for you to talk to him person to person and back him down a little? Or has he just gone too far? I'd be curious if you sat with him and explained to him the situation that the property manager was completely incompetent and you didn't know of these "issues" he had, but would like to make this right where everybody comes out winners. What were the original maintenance issues he had? You could address them and maybe you could come out with a good tenant. I think you mentioned he lived in the last place for 8 years. It sounds like a lot of he said she said.

    1Reply
  • Robyn R.
    OP
    Rehabber · Austin, TX · Member since 2013 · 41 posts · 4 votes
    13y

    Harry M. Thanks and yes, conflicts are difficult and I hate them! Brian Mathews, yep, lots of he said she said going on! There are so many details that I didnt include on here, because when its all said and done, it's just stupid drama.
    End story is that we had a sit down with the girlfriend this weekend (who is also on the lease but moved out after a week!) and we worked it all out. She is a gem and if she hadn't moved out, I don't think we would have had any issues whatsoever. They will be out by July 1st with no penalty and we will just move on from there.
    None of their maintenance issues would have held up in court, except for the issue of some of the windows not locking, which absolutely should have been caught by the PM....who charged us to do a walk-through to make sure everything was up to code when we first hired them. The PM's failure to do that was the one thing that could have held up if we had tried to charge tenants for breaking the lease. Anyway, end of story, they are moving out and we are moving on.

    0Reply
  • Teo W.
    Austin, TX · Member since 2014 · 28 posts · 2 votes
    12y

    Robyn,

    Old post but have you since used a different PM? Any success with the new PM?

    Teo

    0Reply
  • Robyn R.
    OP
    Rehabber · Austin, TX · Member since 2013 · 41 posts · 4 votes
    12y

    @Teo W., I went back to managing myself and have come to the conclusion (atleast for me personally) that I am better off doing so. If I ever hold rentals far enough away that I could'nt get to them easily, I would use a PM, but as for stuff I can drive to it just does'nt make sense.

    0Reply
  • Teo W.
    Austin, TX · Member since 2014 · 28 posts · 2 votes
    12y

    @Robyn R. Thanks for the reply

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free