Tenant threatens to sue me for $20 000

Tenant threatens to sue me for $20 000

Chicago · Member since 2019 · 10 posts · 17 votes

Hello everyone

I am relatively new to being a landlord and today I had very unusual situation that I don't exactly know how to tackle.

I own a 3 story building with poor attic insulation and during the summer the attic gets very hot, since there is only one window the tenant can only have 1 AC unit that can't cool the entire place down. Recently the thermostat was showing 90 degrees for couple of days and tenant was very upset about it (understandably) and informed me about the excessive heat in the unit. I immediately called the contractors to see what can be done, and decided that best option would be to insulate the attic. I was very fast and scheduled 3 contractors the next day. This job should cost me about 1400$ for blown insulation. Later I called an HVAC guy for estimate and he said to install central AC it would cost about 3500 - 4000$. I went to talk to the tenant today and he was very angry at me, and started to make threats. He said he used to be a lawyer with big experience but had to quit due to his temper. He later said that he wants to sue me for 20 000 $ an amount that will include move out/in fees, lawyer fees, days off he took when contractors were doing their job and place was too hot. He demanded of me to install central AC or he will have to take this matter to court. When I went to see him today after part of the place was already insulated he gave me all this talk and under the pressure I said I would waive the next month's rent, and if the place is still hot we will install central AC. 


I wanted to ask more experienced landlords how should I have handled this situation. Does the tenant have basis to sue me if I do everything I can to fix the issue ASAP. Last question I have is that what should happen in a situation where tenant asks for upgrades that I cannot afford ?

3Reply
403 views

Most Popular Reply

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
5y
Originally posted by @Maciej G.:

I really don't mean to insult you, but I'm giving you the cold, hard truth. This is a great example of how some people are too inexperienced or ill-suited for managing their own rentals. Tenants love to threaten lawsuits, particularly tenants that can barely afford their rent. I literally laughed out loud when I read that he lost his license due to a bad temper!

You shouldn't have given him anything. It's not your fault that it's hot. You weren't negligent. You didn't lie. You're not purposefully causing the sun to expend energy on the home. And you're doing what you can to seek solutions, which is far beyond what you need to do.

My #1 recommendation is that you find a good property manager to take over until you learn a little more about how to handle renters. If that's not an option, my recommendation is that you at least tell this tenant that he's clearly not going to be happy in the rental, you can't afford central A/C, and he should just move to something better suited for his hot head.

The DIY Landlord Book4.7245 Reviews
See this reply in the discussion

61 Replies

Jump to latestLatest
  • Chicago · Member since 2019 · 10 posts · 17 votes
    5y

    Hi guys 

    I apologize for the late response but I was quite busy.

    First off I want to say thank you all for the support, it was very low point in my life I was scared, running out of $, and was not sure what to do, but your advices kept me going and I know now I have lots of friends I can count on. You guys are truly amazing and I will be praying for each one of you.

    With that being said...

    I ended up getting few more estimates and decided to move on with insulating the attic as I think it will provide the most value to the property with the least amount of financial stretch. I hope this fixes the issue. Due to your advices I don't think I will be installing the central AC and will PUT MY FOOT DOWN :) especially since AC was not included on the lease. The contractors did a great job and if any of you live in Chicago I can give you a phone # to this company. 

    The AC was not included on the lease so before I had this disturbing conversation with tenant he installed 8,000 BTU AC unit that was not enough to keep the place cool.

    As much as I appreciate your advices I think that getting property manager is taking easy route and I like I mentioned I am pretty new to this and want to learn as much as I can and sometimes it is just not pretty and easy but I still think its worth to managing the property on my own so that if I ever end up getting property manager I know what to expect of them and how to manage them!
    I also have no lawyer so, requesting of tenant to contact with my lawyer is not an option.

    There is only one window in the unit because of the layout of the unit, it is not zoned as legal unit so it looks like one big corridor with a door on one end and window on the other end. I FHA'ed the building and I am technically live there but in my unit I am doing a gut rehab so I am not physically living there.

    I apologize for not being more active on here I really appreciate each and every one of your posts for the support. You made me not want to give up

  • Laveen, AZ · Member since 2016 · 584 posts · 528 votes
    5y

    Hiring a property manager is not the "easy way" it is the SMART way.  You're clearly not familiar with your local landlord tenant acts and the laws.  Otherwise you wouldn't have let your tenant bully you out of a month's rent over an AC that wasn't there when he leased the unit and may not be legally required.  The free rent you gave him could have covered the cost of you taking property management classes so you can do it yourself.  His 20k threat sounds baseless. You're putting yourself at risk for a valid lawsuit if you continue managine a building uninformed and inexperienced.  

    You just taught him he can manipulate you with threats don't tolerate that.  When his lease is due to expire give him enough legal notice and kick his monkey a** out of the unit (don't actually kick him it's a figure of speech lol)  That's a bad tenant you may have been able to screen and weed out with an experienced PM. 

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    5y

    Got into this business via DIY rentals, but did find an experienced real estate attorney from day one.

    Also joined a local Real Estate Investors group that saved us lots of headaches!

    Either do the same or hire a PMC.

  • Member since 2020 · 44 posts · 16 votes
    5y

    Install ceiling fans in each room.

  • Kansas City, KS · Member since 2019 · 58 posts · 66 votes
    5y

    @Maciej G I’d check your state laws. Are you required to provide AC? Or just heat?

    Some states only require heat.

    If that’s the case, you have definitely gone above and beyond what is required.

    He can terminate if he likes and you can let him out without damages might be best for both of you.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    @Maciej G.  So it is essentially a studio with two means of egress , the window and the door. Is the unit only 300 /350 square feet because that is about what 8000 btu should cool. Also if you are under construction and your insulation is out then that may contribute to the heat.  The illegal unit part of course could cause some issues.  

  • Real Estate Agent · New York City · Member since 2020 · 820 posts · 641 votes
    5y

    Let him sue you. He accepted the premises. His complaint was addressed in a quick and responsible manner and the issue has been remedied. 

    If he sues you, countersue him for frivolous litigation. Put the shoe on the other foot. 

    If he really was a lawyer, he would know better. 

  • Member since 2018 · 1 post · 0 votes
    2y

    Not familiar with Illinois, but it surprised me to learn that Florida does not require AC by law, only heat. It might be worth consulting a real estate attorney just to find out where you stand. He knew the property did not have central air when he moved in, I doubt he has a leg to stand on in court. I have always found dealing with tenants to be the most difficult part of being a landlady. 

  • Investor · Fort Washington, MD · Member since 2014 · 1k+ posts · 1k+ votes
    2y

    I would tell him to kick rocks while insisting that he vacate his lease. Id rectify the situation the best I could then market for a normal tenant. 

    We had AC problems at my mountain Airbnb and we had to mitigate it.

    He has zero legal leg to stand on here. Every tenant that has talk sht to me I instated that they leave. Since Im never negligent its all good. 

  • Alecia LovelessPro Member
    Member since 2019 · 3k+ posts · 2k+ votes
    2y

    @Maciej G. Many older buildings simply don’t have AC and function just fine with window units.

    You have already taken the biggest step in insulating the attic.

    Tell the tenant you will allow them to break the lease at no extra cost to them and be out September 30th.

    No more discounts.

    In many places landlords are only required to have heat. Check what this jurisdiction requires.

  • Investor · Austin, TX · Member since 2017 · 107 posts · 89 votes
    2y

    The only unreasonable thing you did here was roll over for this tenant. Just say you're going to follow the lease. There's nothing in there about waiving rent, so that's not happening. I would say enjoy the free insulation, you can get a window unit online and go from there. Good luck

Join the conversationCreate a free account to reply, vote on answers and follow this thread.