Tenants challenging minor rent increase

Tenants challenging minor rent increase

Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes

Some context…

Small multi-family building (4 units) self managed. One of the upper units went vacant and needed an update (flooring, paint, etc.). Power tool work began no earlier than 9:30am and finished no later than 6:30pm. Shorter duration on the weekends. This was a large apartment, so it took approximately 3 months to complete working alone and sometimes with a helper (hired help is virtually nonexistent currently in NY). The building is “downtown” – solid C-class. Buildings are about 6 feet apart up and down the block.

Downstairs tenants are relatively “high maintenance” – having 14 service calls and/or requests since moving in July 2020. Oftentimes “tacky tack” stuff, and thus take up a disproportional amount of my time. They pay their rent on time (as everyone should).

Across my portfolio, I typically raise rents every year (approximately 3%ish) – enough to cover my increased expenses but not any increased cash flow. This often does not keep up with market rents, so on a turn I usually bump it up substantially.

These downstairs folks were due for a rent increase on July 1, but I waited until the renovation was done upstairs and made the increase effective September 1. The raise was $20 on their $995 rent, a 2% increase in 14 months. The CPI (which leaves out fuel and food) exceeded 4% over that same period.  This is also literally the first time in my career as a landlord (about 100 tenants at this point) that a tenant has questioned a rent increase.

Yesterday I got this email from them:

I do not believe that after what turned from weeks to months of listening to power tools for the majority of our down time, a rent increase is a reasonable request right now.

A postponement of increase until January would be 3 months from the date you provided, roughly the length of construction.

We enjoy this apartment, and arent going to be leaving anytime soon. I dont want to cause conflict over $60, but, this feels like a slap in the face after we were very patient for a long time.

Now, setting aside that extending the increase to December is actually 4 months, here are my thoughts and I want to see what you all collectively think.

First, the renovations and the increase are not at all related. One thing does not have to do with the other from my stance. Living in an apartment building comes with a level of tolerance for the activities of others. When these folks leave for the day and their dog howls the entire time, that’s sometimes to be expected in close quarters (so I think). Or when they smoke in their apartment (a lease violation) and it permeates throughout the building into the other units.

In order for me to provide a safe and well-maintained space for people to live, I must sometimes use power tools to accomplish that. Before these folks moved in, I was in their apartment for weeks - drilling and sawing – not a preferred experience for the other 3 tenants in the building, I am sure. The end result is they got to move in to a clean, updated living space for them to enjoy.

I think the level of service I have provided to them over the year has been higher than what they may receive elsewhere. I have always been professional and responsive, even though some of the concerns they raise are utter minutiae.

The $20 increase is not a “money grab” – my insurance premiums just went up 15%. The cost of goods is way above the incremental raise I am asking for.  I could go on.

I believe this is a conversation best had in person, and I will certainly raise all the points I’ve made above when that occurs. I may suggest a delay of onset to October as a gesture of goodwill, but my concern is I am rewarding the behavior of challenging and negotiating my rent increases, and looking for “compensation” for every inconvenience that comes their way. Since this is only $20/mo., I also think this is part of a power play on their part.

To those that are still with me, I hope this was interesting reading. Anyways, your thoughts?

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Member since 2021 · 13 posts · 41 votes
5y

I would not feel the need to justify a $20 rent increase to my tenants, especially in this market where I know I could get another tenant immediately.  Also, if the tenant is even slightly aware of the current rental market, they probably know they are better off paying the $20 increase vs trying to find another place.  It's highly likely they're not going to understand (or care) about your business costs.  I would not even argue back and forth with them about this.

Time for the "Happiness Clause" as many of the professionals here talk about.  Respond very sweetly, and in writing, something along the lines of "It's obvious you are not happy here, and I want my tenants to be happy."  Offer to let them out of the lease early with no penalty.  If you search "happiness clause" in the search bar you will find many threads on how others have worded this to their tenants.  You're not kicking them out, you're "allowing" them to leave early because obviously your place is so horrible in their eyes....

Pretty sure they will drop the argument about the $20, and hopefully quit being so high-maintenance when they realize you're not going to pander to them.

See this reply in the discussion

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  • Paul KubinPro Member
    Rental Property Investor · Fort Smith, AR · Member since 2020 · 53 posts · 48 votes
    5y

    @Bill Brandt

    Love this. You’re adjusting the dressing on the message, without adjusting the content.

  • Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    5y
    Originally posted by @Wesley W.:

    For those that like to monitor outcome, here's what I got this morning after I let them know I would be stopping by to discuss:

    It's $60 over the course of 3 months Wesley..
    If this needs to continue beyond an email we will just pay it.
    If you're half as busy as me you will understand that this is not worth the time or animosity.



    I'm debating the depth and nature of my response.  It'll be brief, and suggest the happy clause.  I'm resisting articulating all the reasons why their email was out of line and that the increase was justified, but I am sure that will come across and defensive.

    I am now thinking this might be a case of "keyboard cowboy" syndrome on their part.  I had not considered that until now.

    Email back: Super!! I'll be looking forward to your payment on the first.

  • Philadelphia, PA · Member since 2017 · 824 posts · 1k+ votes
    5y

    I have one tenant who is a carbon copy of your tenant, @Wesley W. Nothing but complaints about small items...some have been big, obviously, but just a very "adversarial" approach when it is totally uncalled for. But...rent is paid every month, on time, but usually sandwiched between complaints about other tenants, complaints about maintenance, etc.

    The problem is that they perceive their worth to you (and in general) way beyond what a reasonable person would. They have an unrealistic view that their problems and life are paramount, and any disruption or inconvenience to them is the end. of. the. world. A small increase to rent...and this is small...is being perceived as a SLAP IN THE FACE. I mean, come ON. Grow the eff up.

    Sadly there isn't a right answer to deal with this. If this tenant is otherwise good, a bird in hand is worth two in the bush. Suck it up until January, because it isn't a big deal to you more than likely. Or, if you feel like they're too high maintenance, invoke the "happiness clause" and see how much tread you get on those tires. You know these people better than anyone -- is this worth it to get them to pay up/ship out? Do you anticipate future and more aggressive problems from them?

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    5y
    Originally posted by @Jill F.:
    Originally posted by @Wesley W.:

    For those that like to monitor outcome, here's what I got this morning after I let them know I would be stopping by to discuss:

    It's $60 over the course of 3 months Wesley..
    If this needs to continue beyond an email we will just pay it.
    If you're half as busy as me you will understand that this is not worth the time or animosity.



    I'm debating the depth and nature of my response.  It'll be brief, and suggest the happy clause.  I'm resisting articulating all the reasons why their email was out of line and that the increase was justified, but I am sure that will come across and defensive.

    I am now thinking this might be a case of "keyboard cowboy" syndrome on their part.  I had not considered that until now.

    Email back: Super!! I'll be looking forward to your payment on the first.

     ^^Exactly, once someone agrees to what you want, just say thanks and move on. Reopening or continuing the discussion is just a total waste. 

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    5y

    Thoughts:

    1. Somewhere along the line the tenants must have got the impression that you guys were friends, or had a relationship that went beyond tenant/landlord. While I don't ask it one way or the other, in general most of my tenants call me Mr. Martin in any e-mail or text correspondence, and I don't correct this as it is a business relationship and the same way I correspond with other customers. That's a dangerous situation to be in with tenants, as this really is a business that needs to be arms-length. When people get too emotionally involved it can really have some dire consequences because then it's not about business but becomes personal.

    2. I would never consider stopping by to discuss a rent increase with my tenants, who I assume are as busy as I am, any more than I would expect Verizon to stop by my house to let me know they're raising my cell phone rate. I think that reinforces the "personal" impression of the relationship.

    3. It would have been better to grasp this on the front end originally, to wit: "Dear tenant: on July 1, 2021, your rent is due to increase by our standard rate across all units ($50.00 per month, to $XXX). However, given the inconvenience you may have experienced while one of our units was renovated in your building, we are reducing that increase to $20 per month as a gesture of our appreciation. Thank you for your understanding as we work to improve the quality of the building as well as that of your neighborhood." 

    4. Now that you've announced the rent increase, I would not go back on it for 5 seconds. However, what I might do, since I didn't really do that good of a job with communicating clear expectations on the front end, is reply somehow like: "I apologize that we didn't do a better job of communicating the scope of work that would ensue and the nature of future rent increases. Rental rates increase on the anniversary of your lease each year and are set according to CPI and current market rates. As a one-time courtesy for our oversight, we will waive the rent increase for the remainder of this calendar year; your new rate of $XX [which should be about the market rate, but in any case more than $20] will become effective with your rent payment due January 1, 2022."

    Always frame communication with your tenant demonstrating the value they are receiving. No one cares about your business costs, market rates, or anything else - they only care what's good for them. Your job here is to restate the conversation in such a way that they realize that the $20 is them already receiving great value, because no one else is going to take a smoker or a barking dog and certainly not at the rent they're paying now. 

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  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    5y

    Congrats on the good outcome. Just a final note from me to put your $20 in to context. 

    I’ve had 3 leases Come due this year. The current rents were $1325, $1395, & $1425. 

    The $1395 moved out when offered a renewal at $1550, the new tenants moved in 2 weeks later at $1850.

    The other 2 tenants renewed the same day they received a renewal letter indicating a $150 increase. I believe these tenants were paying market or near market rents last year and certainly 2 years ago. (Most of my tenants stay 3-10 years as these are SFR scattered across the valley.)

    My point being. Rents are going insane. This is also a case of a PM paying for themselves by suggesting rent increase amounts I wouldn’t have considered. Increases that pay for their services in the increased rent amount alone. 

  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    5y

    I continue to get some great feedback on this thread.  Thank you guys.

    @JD Martin

    (I wish I could quote your post above, but when I do that the UI always messes with the formatting and it gets difficult to distinguish what the quoted user said and my responses to it.)

    1. I couldn't agree more.  I am always very professional and "arms length" with all my tenants.  If they got the impression we were "tight" - it's completely in their imagination (or narcissisms), unless of course my saying "hello" to them with a smile counts.  They're millennials, and are unfortunately reinforcing a stereotype right now based on their words/actions.

    2. My strategy with "stopping by" is that the medium of email is oftentimes interpreted in the perception of the reader, not the sender.  They already seem quite excitable by a $20 rent increase, so I was going to try and both gain and provide some perspective.

    3. I did send a cover letter justifying the increase, citing expense categories with increased costs and the meager % of the raise, but I did not promote it from a value perspective.  I didn't do that because, as previously stated, I did not see the rent increase and the construction noise as related in the slightest.  I'll certainly consider promoting the deal/savings next time.

    4.  That was my feeling, which is why I posted here.  I was trying to calibrate my response to see if I was being too "insensitive."

  • Investor · New York City, NY · Member since 2015 · 388 posts · 563 votes
    5y

    @Wesley W. - tell them their request is reasonable, and you'll give them the option of a $20/month raise in September or a $60/month raise in January, whichever they prefer, and let them know that the first option is well under the inflation rate, so it's effectively a decrease in their rent relative to what they paid a year ago, while the 2nd option is only a small increase relative to inflation. How's Florida treating you?

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    5y
    Originally posted by @Wesley W.:

    I continue to get some great feedback on this thread.  Thank you guys.

    @JD Martin

    (I wish I could quote your post above, but when I do that the UI always messes with the formatting and it gets difficult to distinguish what the quoted user said and my responses to it.)

    1. I couldn't agree more.  I am always very professional and "arms length" with all my tenants.  If they got the impression we were "tight" - it's completely in their imagination (or narcissisms), unless of course my saying "hello" to them with a smile counts.  They're millennials, and are unfortunately reinforcing a stereotype right now based on their words/actions.

    2. My strategy with "stopping by" is that the medium of email is oftentimes interpreted in the perception of the reader, not the sender.  They already seem quite excitable by a $20 rent increase, so I was going to try and both gain and provide some perspective.

    3. I did send a cover letter justifying the increase, citing expense categories with increased costs and the meager % of the raise, but I did not promote it from a value perspective.  I didn't do that because, as previously stated, I did not see the rent increase and the construction noise as related in the slightest.  I'll certainly consider promoting the deal/savings next time.

    4.  That was my feeling, which is why I posted here.  I was trying to calibrate my response to see if I was being too "insensitive."

    Yeah, sometimes the formatting is a little tricky around here :)  It sounds like you're on the right track here from my point of view. If you're any kind of people-person - I am, and most landlords I know are too - it's difficult to stay arms-length from your tenants, especially the ones you like. I've had a number of tenants that could have been "my friends" in some other situation, and crazy as it sounds occasionally I'll hear from an old tenant just to say hi. But that is the very reason that I try to, best I can, keep a detached demeanor with them because I never want a tenant to think that our primary relationship is anything more than landlord-tenant (or lessor-lessee, from the other thread, or my favorite "God of Thunder, Overseer-serf" ;)  ) in case it goes somewhere that requires unpleasantness. I can't even begin to imagine the trouble that landlords get into that start treating their tenants like friends or, worse, romantic relationships. I've rented to family friends twice, and both times I assumed it will end up unhappily (so far I'm 1/2 on that measure, with the second not yet concluded) just so I'm not surprised or disappointed at the conclusion. 

    Skyline Properties
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  • Bonnie LowPro Member
    Lender · Asheville, NC · Member since 2016 · 1k+ posts · 1k+ votes
    5y

    Rent increases are non-negotiable and that should be spelled out in the lease. It is what it is. It's a business and must be run like so. If you open to the door to negotiations and don't strictly follow your lease you are setting yourself up for a serious precedent that may cause problems with other tenants (i.e. unequal treatment.) I would just reiterate that the rate is going up X% per the terms of the lease and if they don't like it their choice is to vacate. You don't need to explain yourself and, in fact, shouldn't.

  • Real Estate Agent · Lowell · Member since 2019 · 7 posts · 6 votes
    5y

    I noticed that they said they had to listen to you "for the majority of our down time" which means one of two things: they worked nights in which I can have a bit more sympathy for them or they just lived on unemployment. I think the best way is to emphasize how you're giving them a deal by not increasing it more than the CPI or also show how your expenses have increased over the year compared to the previous year. But some people just think that all landlords are rich and greedy and it'll probably be impossible to convince them otherwise 

  • Investor · Batavia, IL · Member since 2014 · 102 posts · 81 votes
    5y

    Bonnie nailed it. Dont let rent increases become a conversation at all. Just point to the rent escalation that is in the lease agreement that they signed. I tell every new tenant there is a 4% escalation for taxes etc.. I have never had it become an issue. This will also keep all your leases closer to market rents. I do offer some tenants an option to sign a 2yr same rate lease.    

  • Member since 2020 · 7 posts · 11 votes
    5y

    If you give in on this small $20/month raise you are setting negative precedence going forward.  I would follow the rent increases as listed in the lease schedule, and as others have mentioned offering them a penalty-free early termination of their lease if unhappy.  They won't move out if market rates are higher and even if they do you end up renting for the higher amount which is a bigger win in the long run and the problematic tenant removes themself.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    I didn't even bother reading past the first couple of paragraphs. Tell them you're rescinding the offer to renew and give them a termination date. Move them out and find someone that will pay market rate and be grateful for what you're offering.

    It's really that simple.

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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    5y
    Originally posted by @Joe Splitrock:

    @Wesley W. there is a theory of cost accounting that says spending time or money on small issues isn't worth it. There is really only two ways to deal with this:

    1. "Unfortunately our expenses continue to increase and the rent increase is the bare minimum to keep up with those expenses. We appreciate your understanding during construction, but we already delayed the increase until after construction, so we are unable to delay it further. This decision is final."

    2. "That sounds reasonable, we can delay the increase until January 1. We appreciate your understanding during construction."

    If they are a good paying tenant, who takes good care of the property, I would go with option 2. It is only $60 and avoids negative back and fourth that is just a waste of time and energy. You spent move than $60 worth of time on these forums discussing it. You can stand your ground and I agree you are right in theory, but over $60 you may win the battle but lose the war. Not worth it in my opinion, but do what you feel is right.

    When i read this I knew for a fact 95% of bp landlords would say my way or the highway you have to train your tenants blah blah blah.

    over 60 bucks. I really would just do what you suggest in Number 2.  be the hero not the goat.. and 3 months of work and noise that is intrusive bottom line  

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    5y
    Originally posted by @Nathan Gesner:

    I didn't even bother reading past the first couple of paragraphs. Tell them you're rescinding the offer to renew and give them a termination date. Move them out and find someone that will pay market rate and be grateful for what you're offering.

    It's really that simple.

    Oh man your harsh LOL..  I get that way with subcontractors who are just terrible. but then i calm down.

    my worry is these folks do more than 60 bucks worth of damage on the way out..  Just had another one move and turn over is 5k by the time they trashed it..  cant wait to be out of these things and back to A class rentals.

  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    5y
    Originally posted by @Nathan Gesner:

    I didn't even bother reading past the first couple of paragraphs. Tell them you're rescinding the offer to renew and give them a termination date. Move them out and find someone that will pay market rate and be grateful for what you're offering.

    It's really that simple.

     BUT---they are not good renters, constant flow of complaints and maintenance issues!

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

      I didn't even bother reading past the first couple of paragraphs. Tell them you're rescinding the offer to renew and give them a termination date. Move them out and find someone that will pay market rate and be grateful for what you're offering.

      It's really that simple.

       BUT---they are not good renters, constant flow of complaints and maintenance issues!

      Exactly. If it were a dispute over a small increase with some good renters, then I would make concessions to keep them in place and avoid a vacancy. when it's a problematic tenant, I would rather deal with the vacancy then to deal with a problematic tenant that pays a few extra dollars.

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  • Member since 2021 · 9 posts · 5 votes
    5y

    I would thank them for their feedback and agree with them. 

    $60 is not worth having any friction. 


    Raise it to full market Rent.

  • Member since 2019 · 63 posts · 60 votes
    5y

    @Wesley W.

    Really interesting to see how different investors handle the same situations.

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