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Mike K.
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Bad tenant and need good advice.

Mike K.
Posted Oct 9 2022, 13:30

I recently bought a duplex and inherited a tenant since they refused to leave when i bought the house so i inherited 1 year of their 2 year lease (that i didnt sign or renew). I live in the first floor. 

This person does many bad things including letting their dog **** in my yard and never picking it up and not even thanking me or my gf for picking it up even when they are standing right there. They smoke on the property when it clearly says no smoking in the lease and then deny that it was them even though i have photos. The list unfortunately does go on. Since buying the property ive had to replace their washer and dryer due to excessive use. Ive also had to replace the entire roof due to leaks and i handled that within one week of knowing about the leak. 

My biggest problem is they are disabled in a non disabled apartment, low income in a non low income lease/apartment, and they want me to join all of these low income programs and get mad and hostile when i say no. They claim the apartment doesn’t get to 68 degress but refuse to remove their window AC units all winter because "its good for their health" yet they demand that i insulate the attic. 

I think they are setting up a lawsuit and i really dont know how to handle people like this. Ive always been nice and courteous. They have lived in this apartment for 5 years (4 years before i bought it) and all of a sudden are claiming it is unhabitable.

Any advice to limit my liability here would be great. Im in the process of finding a property manager but think this is a special case.

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Joe Martella
  • Rental Property Investor
  • Cherry Hill, NJ
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Joe Martella
  • Rental Property Investor
  • Cherry Hill, NJ
Replied Oct 9 2022, 13:56

The best is that they are stating that it is not habitable.  I would give them notice in writing that they can leave before the end of their lease without penalty.

Disabled persons do not need to be in a specially designated apartments, so that doesn't even play a factor, IMO.

You can also give them notice that there are violations of the lease, with the pictured evidence.  Give them a notice to quit and if the acts continue pursue eviction.

Reach out to your local REIA to see if they have an attorney they can recommend to do the eviction for you. The one in my REIA charged something around $850.

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Mike K.
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Mike K.
Replied Oct 9 2022, 14:07

Thanks for the response! I have actually given them the official notice of non renewal of the lease (april 2023) so they have plenty of time to find a place. I only did it this early since they have lived here for 5 years and IMO 3 months isnt long enough to find a new place and move etc. I'd want more time if it was me. This seems to have backfired. Yes i agree, if they are truly this unhappy with the situation they would start looking for a new place and would take the above notice as good news... but instead i think they just want to see how they can screw me over.

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Theresa Harris
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Theresa Harris
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Replied Oct 9 2022, 14:37

If you have proof that they are violating the lease, talk to an eviction attorney and get rid of them.  Call them on their BS-tell them to pick up after their dog.

Three months is more than enough notice for people to pack up and move.  You can do it in 30 days or less if needed.

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied Oct 10 2022, 06:51
Quote from @Mike K.:

The lease has rules. When Tenants violate those rules, they can be terminated.

Document everything, including day/time for the lawn ornaments left by their dog. Don't worry about them suing you! If I had a dollar for every time a tenant threatened to sue me, I wouldn't need to invest in real estate. They are blowhards that couldn't afford an attorney if they wanted to.

Hire an attorney - or even a property manager - and let the professionals deal with this and get you out of this mess.

  • Property Manager Wyoming (#12599)

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