I'm having issues telling a tenant to remove their bike from the laundry room

I'm having issues telling a tenant to remove their bike from the laundry room

Member since 2022 · 28 posts · 4 votes

Hi all. How do I deal with this tenant? They live on the first floor of a small ten-unit building.  You have to walk up several steps from the ground floor to get there. The laundry room is on ground floor.  The laundry room is small and just has one wash one dryer and the hot water heater. This tenant parks their bicycle in the laundry room near the hot water heater.  It is not to be used for storage.  I am the new manager and the previous manager has allowed her to do this for I believe close to 20 years.

I asked her to remove her bike and that the laundry room is not to be used for storage and gave her some reasons.  When the bike is parked in the laundry room, it sometimes bangs up against the hot water heater and is generally in the way because the laundry room is so small. And told her she must keep her bike either in her unit or somewhere else.

She comes back telling me that she has been doing it for 20 years and she has a herniated disk so she can't carry the bike up the stairs.

I expressed that she still has to move it and it inconveniences the whole complex.  Once again she e-maild me back this... This was her latest response and I haven't responded back.


"Thank you for your email. I am unable to carry a bike due to multiple herniated discs in my back. I have a disability and can't lift. I feel your making a mountain from a molehill"

What should I say at this point? There are a slew of solutions if they are creative as to where to keep their bike and I feel like with them not complying and giving me random reasons, just makes it seem like a bigger deal than it is. I want to be sensitive to their needs but also want to tell them that she was lucky she got 20 years of parking her bike in the laundry room and that now this is being enforced.  It's frustrating because there is entitlement and they are making it seem as if I am targeting their physical problem when simply their solution of parking the bike in that laundry room is unacceptable.

I hope this made sense.  I want to respond something like this:

"I am sympathetic to your needs and this may have been overlooked by past management, but the laundry room is not a place for personal belongings.  Please comply."

But I also want to make sure I hit all the points.  In a previous e-mail I told them they can park their bike in their vehicles parking space or purchase a light weight fold-up bike to carry into their unit.   They can park the bike on the street too. They come back to me ignoring those suggestions.  I don't know if giving them suggestions works because they are hard set on the fact that they have been doing it for 20 years and that I am making a bike deal out of something they have been doing with no problem for so long.

I just want to be firm clear and not take their BS.

Thanks,

David

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Jeff CopelandBusiness Member
Real Estate Broker · Tampa Bay/St Petersburg, FL · Member since 2015 · 1k+ posts · 2k+ votes
3y

Choose your battles wisely. The statement about a disability concerns me. One might argue that she is asking for a reasonable accommodation (and hard to argue that it's not reasonable if it has been happening for 20 years with no major problems). 

I'd suggesting taking a proactive step towards a compromise (such as installing a bike rack) that might solve the problem while still accommodating the tenant.

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  • Jeff CopelandBusiness Member
    Real Estate Broker · Tampa Bay/St Petersburg, FL · Member since 2015 · 1k+ posts · 2k+ votes
    3y

    Choose your battles wisely. The statement about a disability concerns me. One might argue that she is asking for a reasonable accommodation (and hard to argue that it's not reasonable if it has been happening for 20 years with no major problems). 

    I'd suggesting taking a proactive step towards a compromise (such as installing a bike rack) that might solve the problem while still accommodating the tenant.

    Copeland Morgan LLC4.770 Reviews
  • Lender · Seattle, WA · Member since 2022 · 482 posts · 768 votes
    3y

    Either have someone to carry/bring in the bicycle into her unit or provide a 10 notice that all personal belongings must be collected/taken or else it will be taken or thrown away. As the laundry room is considered a communal space not for personal storage room.

    @Albert Bui @Carlos Valencia

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y

    Tough one....On the one hand you want to enforce rules. And this is a good, common sense rule. On the other hand she is an entitled brat who may have a disability. Note use of the word may... :-)

    I would insist that she provide you a proof letter from a real Doctor stating said disability with the specific orders that tenant should not carry weight above X pounds. Give her 10 days to produce this evidence.

    Assuming she provides said proof, install a simple metal rack outside the units and even give her a basic lock (just to look like 'the nice guy"). Give her a letter showing that you installed a new bike rack and lock for her.

    If she cannot provide the letter, then insist that she carry the bike to her apartment. If she refuses, evict her.

    Remember your job. The owner of the building is paying you money to make and enforce common sense rules.

  • Member since 2022 · 28 posts · 4 votes
    3y
    Quote from @Jeff Copeland:

    Choose your battles wisely. The statement about a disability concerns me. One might argue that she is asking for a reasonable accommodation (and hard to argue that it's not reasonable if it has been happening for 20 years with no major problems). 

    I'd suggesting taking a proactive step towards a compromise (such as installing a bike rack) that might solve the problem while still accommodating the tenant.


     Yes that is my concern however isn't owning and having a bike some type of luxury and not something that is an actual need that needs to be accommodated? And yes doing it for 20 years is big jolt of time. I agree. That's why I am managing now, to clean up things that have been left and unattended. Thanks for your help. Great point.

  • Member since 2022 · 28 posts · 4 votes
    3y
    Quote from @Bruce Woodruff:

    Tough one....On the one hand you want to enforce rules. And this is a good, common sense rule. On the other hand she is an entitled brat who may have a disability. Note use of the word may... :-)

    I would insist that she provide you a proof letter from a real Doctor stating said disability with the specific orders that tenant should not carry weight above X pounds. Give her 10 days to produce this evidence.

    Assuming she provides said proof, install a simple metal rack outside the units and even give her a basic lock (just to look like 'the nice guy"). Give her a letter showing that you installed a new bike rack and lock for her.

    If she cannot provide the letter, then insist that she carry the bike to her apartment. If she refuses, evict her.

    Remember your job. The owner of the building is paying you money to make and enforce common sense rules.


     Thank you. There isn't space to lock the bike on the property and her bike is a cruiser that is large.  Also I don't want to invite possible theft because it isn't a gated apartment complex. My question is why would the visibility warrant her to be able to do this.  The bike is a luxury in some sense, and she can lock it to metal signs that are on the street. 

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y
    Quote from @David G.:
    Quote from @Bruce Woodruff:

    Tough one....On the one hand you want to enforce rules. And this is a good, common sense rule. On the other hand she is an entitled brat who may have a disability. Note use of the word may... :-)

    I would insist that she provide you a proof letter from a real Doctor stating said disability with the specific orders that tenant should not carry weight above X pounds. Give her 10 days to produce this evidence.

    Assuming she provides said proof, install a simple metal rack outside the units and even give her a basic lock (just to look like 'the nice guy"). Give her a letter showing that you installed a new bike rack and lock for her.

    If she cannot provide the letter, then insist that she carry the bike to her apartment. If she refuses, evict her.

    Remember your job. The owner of the building is paying you money to make and enforce common sense rules.


     Thank you. There isn't space to lock the bike on the property and her bike is a cruiser that is large.  Also I don't want to invite possible theft because it isn't a gated apartment complex. My question is why would the visibility warrant her to be able to do this.  The bike is a luxury in some sense, and she can lock it to metal signs that are on the street. 


     It doesn't give her any rights. Like I said, verify the disability first! Then decide on your plan of action.....

  • Jeff CopelandBusiness Member
    Real Estate Broker · Tampa Bay/St Petersburg, FL · Member since 2015 · 1k+ posts · 2k+ votes
    3y
    Quote from @David G.:
    Quote from @Jeff Copeland:

    Choose your battles wisely. The statement about a disability concerns me. One might argue that she is asking for a reasonable accommodation (and hard to argue that it's not reasonable if it has been happening for 20 years with no major problems). 

    I'd suggesting taking a proactive step towards a compromise (such as installing a bike rack) that might solve the problem while still accommodating the tenant.


     Yes that is my concern however isn't owning and having a bike some type of luxury and not something that is an actual need that needs to be accommodated? And yes doing it for 20 years is big jolt of time. I agree. That's why I am managing now, to clean up things that have been left and unattended. Thanks for your help. Great point.


     I truly understand where you are coming from, but I would be very cautious about making a unilateral determination about what is considered a reasonable accommodation for a disability, and what is considered "some type of luxury and not something that is an actual need that needs to be accommodated".

    Frankly, this is not your call to make. And the owner is paying you not only to enforce common sense rules, but to understand the ADA and the proper & legal way to hande a request for a reasonable accommodation.

    Most city and county governments have a position called an ADA Liaison (or something to that effect) whose position exists to train local businesses and landlords on ADA requests and what is reasonable / unreasonable as it pertains to accommodations (often the same person that gives training once or twice a year at the local Board of Realtors, so you might even be able to reach out to them for a point of contact).

    Rather than operating in a vacuum, or taking your advice from a public forum, why not reach out to that person in your jurisdiction and get an opinion straight from the horse's mouth?

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  • Real Estate Agent · Youngtown Ohio · Member since 2019 · 66 posts · 46 votes
    3y

    Make other accommodations for her, is there any other place she can chain it up? Maybe let her know it's a fire hazard or safety concern or that if you get inspection from the fire department you could be looking at a huge fine. Involve her in making the situation better.

  • Member since 2022 · 28 posts · 4 votes
    3y
    Quote from @William Broxson:

    Make other accommodations for her, is there any other place she can chain it up? Maybe let her know it's a fire hazard or safety concern or that if you get inspection from the fire department you could be looking at a huge fine. Involve her in making the situation better.


     I've told her. There is no where else to park it without it being in the way. I can't really make accommodations nor do I want to. I feel like she carries groceries. she can carry a light weight bike?

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y

    Everyone is ignoring the point here. You need to make sure she actually has a legit disability. I'll bet ya a six pack she doesn't.

  • Member since 2022 · 28 posts · 4 votes
    3y
    Quote from @Bruce Woodruff:

    Everyone is ignoring the point here. You need to make sure she actually has a legit disability. I'll bet ya a six pack she doesn't.


     I guess my question is, even if she has a disability does that matter? She walks up stairs with groceries all the time and her bike is a huge cruiser that's extra heavy as far as bikes go. And there is nowhere on the property other than her unit that I want her to park it in. And she can always lock it to a street sign or find a local bike storage no? The bike just seems like an extra thing and nothing to do with her lease.

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y
    Quote from @David G.:
    Quote from @Bruce Woodruff:

    Everyone is ignoring the point here. You need to make sure she actually has a legit disability. I'll bet ya a six pack she doesn't.


     I guess my question is, even if she has a disability does that matter? She walks up stairs with groceries all the time and her bike is a huge cruiser that's extra heavy as far as bikes go. And there is nowhere on the property other than her unit that I want her to park it in. And she can always lock it to a street sign or find a local bike storage no? The bike just seems like an extra thing and nothing to do with her lease.


    Yes. IF she really has a verifiable disability, she could make your life miserable if you mess with her. And what does your lease say about storing personal property in public spaces?

  • Member since 2022 · 28 posts · 4 votes
    3y

    The lease says you are not allowed to store belongings in the common space. This is clear. She was just allowed to do this for too long.  I feel like she has other options if she were creative and it isn't my responsibility to help with that. A lightweight fold up bike would solve her problems.

  • Member since 2021 · 15 posts · 7 votes
    3y

    I’m seeing people seeing an issue with what might be a disability.  Not sure what that has to do with it. She is breaking a rule, causing a safety issue as well causing others to possibly trip over her property.  I haven’t seen a disability law that allows parking in a laundry room. 

    Now, I would pick my battle and perhaps find a win win for this, but this is a win and a loss for everyone else. 

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    3y

    They make enclosed lockable bike storage containers, you can put near one of the exits.

  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    I'll reiterate what I said on your prior post a few days ago about this tenant. You need to hire a good local tenancy/evictions attorney, and then follow what they say EXACTLY. Do not say or do anything that they don't tell you otherwise you risk ending up in an even more messy and likely expensive scenario than you are today. 

    Also to clarify...while you may be managing this asset, you didn't really take over as a PM. You took over for your parents who are the owners. That distinction is important for one very important reason, the asset decisions are being made by the owners (or a direct family member) which eliminates a layer of defense for all these decisions. It wasn't some other 3rd party deciding things where you/your parents can claim ignorance, it is literally the owner's making decisions. And while you may not be a titled owner, as a relative you'll likely be considered as such if you end up in court since its obvious you're not in the business of PM. That can be both good and bad...but you 100% need some paid support in your corner otherwise this issue will most likely spiral out of your control.

    There are some LA area developer and PM investors here on the forum get in touch with them, see if someone can help walk you through things and hire the atty and/or PM help you need to keep from making this situation worse...you admit you don't know much about leases etc, and that's totally fine. You're getting OJT right now, but you're about to get burned very badly in a very tenant friendly environment if you don't get the help you need WHILE you're learning.

  • Insurance Agent · Thornton, CO · Member since 2018 · 75 posts · 51 votes
    3y

    Situations like this is exactly why I love having a good PM company in my arena.

  • Member since 2022 · 28 posts · 4 votes
    3y
    Quote from @Matt Devincenzo:

    I'll reiterate what I said on your prior post a few days ago about this tenant. You need to hire a good local tenancy/evictions attorney, and then follow what they say EXACTLY. Do not say or do anything that they don't tell you otherwise you risk ending up in an even more messy and likely expensive scenario than you are today. 

    Also to clarify...while you may be managing this asset, you didn't really take over as a PM. You took over for your parents who are the owners. That distinction is important for one very important reason, the asset decisions are being made by the owners (or a direct family member) which eliminates a layer of defense for all these decisions. It wasn't some other 3rd party deciding things where you/your parents can claim ignorance, it is literally the owner's making decisions. And while you may not be a titled owner, as a relative you'll likely be considered as such if you end up in court since its obvious you're not in the business of PM. That can be both good and bad...but you 100% need some paid support in your corner otherwise this issue will most likely spiral out of your control.

    There are some LA area developer and PM investors here on the forum get in touch with them, see if someone can help walk you through things and hire the atty and/or PM help you need to keep from making this situation worse...you admit you don't know much about leases etc, and that's totally fine. You're getting OJT right now, but you're about to get burned very badly in a very tenant friendly environment if you don't get the help you need WHILE you're learning.


     Thanks Matt, this is a different tenant. so I have my hands full.  I just don't understand in this case why this isn't a simple matter of don't park bikes in the laundry room?

  • Member since 2022 · 28 posts · 4 votes
    3y
    Quote from @Timothy Reed:

    I’m seeing people seeing an issue with what might be a disability.  Not sure what that has to do with it. She is breaking a rule, causing a safety issue as well causing others to possibly trip over her property.  I haven’t seen a disability law that allows parking in a laundry room. 

    Now, I would pick my battle and perhaps find a win win for this, but this is a win and a loss for everyone else. 

    That's my question. I don't believe dissability has anything to do with it. So it should be a non-isuue. 
  • Phillip AustinPro Member
    Property Manager · Denver, CO · Member since 2023 · 236 posts · 204 votes
    3y

    @David G. Welcome to the world of Property Management! 

    It sounds like you already made up your mind to enforce the terms outlined in the lease which, in my opinion, is the right decision. Imagine if you let all of the tenants store things in the laundry room. This cannot happen. So, you're right in enforcing the lease.

    From my experience, although the tenant may have "back problems," they will often use this as an excuse, period. 

    1. Consult with a local eviction attorney on how and what demand to post; most likely a 10-day demand for compliance.

    2. Most of the time, a one-time demand for compliance will solve the issue. If she doesn't comply, consult with your eviction attorney and proceed with an eviction.

    3. If she complies initially but decides to store her bike there again weeks or months after the fact, start the demand process over. Depending on the state, you can only evict after 'x' number of lease infractions.

    Although she's claiming "disability" and many landlords crumble when they hear "disability," this is somewhat of a non-issue. If she truly is 'disabled' and cannot carry the bike up the stairs, the two of you need to come to an agreement on another place to store her bike. Regardless, it cannot be stored in the laundry room and you should still proceed with posting a 10-day demand. This will force her to come to an agreement. But, again, I agree with the other posts in this thread. You should definitely consult with a local eviction attorney throughout the process.

  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    3y

    Whoa...take the disability out of the discussion - that's a no win scenario and quite frankly, that's not the problem.  What you have is a situation created by one tenant that is a potential SAFETY issue for all tenants.  That is not an accommodation that you can make - and Landlords are only required to make reasonable accommodations when possible.  I recommend the following:

    1. Check the lease.  I'm sure that it provides for the lease of the unit and designates the common areas as such - common.

    2.  Send her your state's Notice to Quit for Reason Other Than Non-Payment of Rent.  It will give her about 7 days to cure what is a lease violation (state it:  "Your lease provides for the rental of Unit #x as well as parking in the lot and use of the common areas for use as designated. No personal property may be stored in the common areas at any time.  The bike that has been left in the laundry room poses a safety risk to all tenants and is not a reasonable accommodation that can be made for you.  Under the American Disability Act, a Landlord is not required to accommodate a request that is unreasonable and/or poses risk to others or an undue burden. This is a violation of your lease dated x/x/xxxx and must be cured within the time designated to avoid possible eviction").  

    3.  Post it on her door in a sealed envelope with Confidential written across it and take a photo of it posted as proof - or send it by overnight mail with proof of delivery required.  

    4.  The law does require you to have an interactive discussion with her but - again - you're renting an apartment not a bike storage facility. 

    So here it is:  she does not have the right to put others in harm's way by storing her bike in the laundry room.  Done. That's the whole enchilada and I recommend not allowing yourself to get pulled into the weeds over disability, 20 years of doing it, nothing. Your job is to ensure that the property is safe for all tenants, visitors, trades.  Act with confidence/authority, do the paperwork, and get on with it.  

    May the force be with you...

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y

    @Patricia Steiner Great advice as always!

  • Real Estate Agent · Los Angeles, CA · Member since 2019 · 80 posts · 25 votes
    3y
    Quote from @Bruce Woodruff:
    Quote from @David G.:
    Quote from @Bruce Woodruff:

    Tough one....On the one hand you want to enforce rules. And this is a good, common sense rule. On the other hand she is an entitled brat who may have a disability. Note use of the word may... :-)

    I would insist that she provide you a proof letter from a real Doctor stating said disability with the specific orders that tenant should not carry weight above X pounds. Give her 10 days to produce this evidence.

    Assuming she provides said proof, install a simple metal rack outside the units and even give her a basic lock (just to look like 'the nice guy"). Give her a letter showing that you installed a new bike rack and lock for her.

    If she cannot provide the letter, then insist that she carry the bike to her apartment. If she refuses, evict her.

    Remember your job. The owner of the building is paying you money to make and enforce common sense rules.


     Thank you. There isn't space to lock the bike on the property and her bike is a cruiser that is large.  Also I don't want to invite possible theft because it isn't a gated apartment complex. My question is why would the visibility warrant her to be able to do this.  The bike is a luxury in some sense, and she can lock it to metal signs that are on the street. 


     It doesn't give her any rights. Like I said, verify the disability first! Then decide on your plan of action.....


      I completely agree with this! Also, if you have a handyman and a 6 foot concrete pad, you can have a bike rack installed for $60. Here's a link to one on Amazon. There are many more, but this might be a very fordable fix if you have a place for it. 

    https://www.amazon.com/Cycling...

    Also, consider instituting laundry room hours and locking the door at night. Maybe then she won't want to keep it down there. That might be hard because changing the hours on all the tenants would be inconvenient, but it's just another suggestion. 

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    3y

    Where is tenant's proof that previous let them park it there at all, let alone 20 years?

    If it's not in writing it never happened!

    Also, no one likes ultimatums, but you also have to avoid setting precedence. If this tenant is allowed to get away with it, other tenants will look for special exceptions on things they want.

    Give tenant options where you win:

    1) Keep doing this and after a certain date the bike will be removed and donated to charity

    2) In the meantime, a daily penalty will be charged

    3) We can install a bike rack for you at your cost

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y

    This is an issue of ownership. Do you own the property and set the rules, or does she?

    If it were me, I would tell her she has 24 hours to remove the bike from the laundry room or you will throw it out. Nothing should be stored in common areas, period, regardless of what past managers allowed. I guarantee the fire marshal would back you up.

    You could be nice and offer to install a $200 bike rack outside the building, but I would not compromise on storing personal items in common space. 

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