Change in Management Notice laws?

Question

WOW dealing with my first super high conflict tenant.

QUESTION: Is there a law (I know different states vary) that a tenant must be given 30 days written notice of management change?

Background: I just took over managing property we own. It was a sudden thing,  as we needed to fire our old manager. August 1st I started managing. These tenants are in the middle of evictions and have been milking the system with filing for bankruptcy. One of them is a paralegal.

ANYWAY, I posted a 24 hour notice to enter on her door so I could take photos for the listing and we could inspect the home.  Her lease specifically outlines that only 12 hour notice is required. She is threatening to file charges against us for trespassing and says we are absolutely not allowed in "her" home.

THANKS FOR YOUR HELP!

Nathan Gesner · Answer

Keep pressing on with the eviction. Even if they move out, you should seek a judgement for the losses.

Drew Sygit · Answer

So they have violated the terms of their lease - discuss with your attorney if your local court is processing evictions for possession. We've been doing this just to get rid of tenants and then plan to pursue the tenants in small claims court for the past due rent.

The small claims may not work for you as they've filed bankruptcy.

Have they indicated why they won't apply for free CERA funds?

As this tenant is a paralegal, put everything in writing, try to record all phone calls, start a video on your phone (set to airplane mode to avoid calls interrupting your video) any time you set foot on the property and save all this for your protection!

Scott M. · Answer

I remember a few weeks/month back when you took over for your horrible manager and one of the things I suggested was to be nice but aggressive and be quick on the 30 day notices and this is exactly why.  Some tenants see a change of manager as a way to be extra difficult.  That is why you need to be aggressive and I am glad to see that you have been.  Good for you and your husband.

That said, doesn't' mean it will be easy/quick.

Never heard of any law about notice of management change.  This is not something that is always or even can be planned in some cases. Like what you experienced sometimes it is overnight.

Congrats on your first (assuming it is your first) threat of a lawsuit.  There should be badges given to property managers/landlords and this would be one of them for sure!  Don't sweat that.  This is the first of many such threats like this.  You are 100% in the right.

As I recall this is a building right?  Apartments?  If so, most of your tenants support you and want to get rid of that tenant as much as you do given what you said about them when you entered.  They are likely a pain for everyone, not just you.

This is one I would turn over to your attorney to handle and you concentrate on getting the others on board.  Do not let this bad apple derail you.  Stay focused on the goal at hand and turn the harder nuts to crack over to the attorney to figure out.

Account Closed · Answer

Sorry! I missed what you wrote and thought you was the property owner and not the property manager. No big difference! I know many property managers who get far more emotional than landlords and you still need to get a mindset where you will never get emotional or upset with anyone you do business with.

Lots of luck!

Account Closed · Answer

It sounds like your tenant is Trailer Trash. I never hear of a law stating that a property owner or manager needs to give s notice stating that there is a change of who is managing the property, but it makes sense that a property owner or management company does give such a notice so the tenant knows who they are supposed to legally answer to and so the tenant knows who is authorized to enter their rental unit, but since you are the owner I don't think a 30-day notice should be required and a certified letter giving even only one day should suffice.

As soon as we have any issues with a tenant that pertains to any type of entry problems, laws, lawsuit, or verbal argument we tell the tenant that all communications must be in writing whether through text messages, letters, or notes on toilet paper.

In 2001, I made a promise to myself that I would never let a tenant get me emotional or upset and I have stuck with that promise. I had a tenant spit in my face in front of my wife and another employee and everyone could not believe how cool and calm I was. I laughed and asked the tenant when he was going to move because every time a tenant moves I increase the rent and when you own multi-unit properties like we own I make about $37,000, immediately, when I increase the rent by only about $100 because when you calculate the additional income plus the increase in the property's value base on using the Gross Multiplier, we make bank.

So, remain calm. Pay an attorney  to handle the tenant. Sleep well at night and stay out of the fight. Let your attorney handle everything and when you go to court don't get emotional and all fired up. Just pay what it costs and chalk the cost to the cost of doing business. You will rent to some winners and rent to some who want to drive you crazy, but always remember that you need to get yourself a mindset where no tenant will ever get you upset or emotional and you will live a much healthier and more-prosperous life when your head understands this. Otherwise, if you get emotional a tenant like this one will make you hate being a landlord and you will hate investing in real estate.

Incidentally, I own 10 properties in Meridian and Boise Idaho and I had a lot of trouble with management companies. My last property management company totally disappeared off the grid with about $20,000 of my security deposits and about $15,000 worth of the last month's rent the management company collected.

I will always say I am not a racist person, but cultural differences are what they are and our great U.S. government moved I don't know how many people from three third-world companies I know of and since our property management companies are usually 100% zero non-discriminate and rent to everyone we recently had a house on Snyder Avenue, Street or whatever it was and it cost me $18,000 to put the house back together, it took me 11 days and I personally did the work with one employee. I am a contractor and when I broke down the cost to see what I would have charged as a contractor I was super honest with my numbers and I figured if you had to pay a contractor to put that house together the could would have been $32,000.

Sad to say, there is a certain ethnic group that cooks everything they eat by boiling all their food in grease and these people destroyed this house with the grease on the stove, kitchen cabinets, walls, ceilings and cleaning all the grease was very depressing. There was so much grease in the plastic drain pipes underneath the house, the weight of the grease caused the plastic drain pipes to bow, the drain pipes snapped of at a joint and the entire underneath of the house was flooded with the stinkiest grease and odor anyone could not imagine. These tenants broke the granite kitchen counter tops, three bathroom sinks, the kitchen sink, stove, dishwasher refrigerator and the list of damage is several pages long.

Amanda Thompson · Answer

@Nathan G. They already have an eviction order! But then they filed bankruptcy and somehow got more time?? They owe us $14k. This is part of the reason we fired the other guy.

They let us in today. There are more people living there than are on the lease, more pets, and the garage reeks like pot. Now what? They say they're moving at the end of the month. There is a lawyer involved, hired by the old PM...

Amanda Thompson · Answer

@Jack Orthman I love your advice. I'm the PM and the owner!

Amanda Thompson · Answer

@Scott M. Thank you so much for your supportive advice!

Julie Hartman · Answer

@Amanda Thompson It may depend on your state laws. Here, by law we have to notify a tenant of a change in management because the deposit is changing hands and the law says the deposit belongs to the tenant. Some states may not require it so I would check.

Nathan Gesner · Answer

I've never seen any requirement for notice of a change in management, and certainly not a 30-day requirement. They're trying to push you around or scare you into back off.

Hire an attorney and start the eviction process. You'll get much farther with tenants like this when everything is in writing and professional.

Change in Management Notice laws?

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