Tenant keeps complaining but wont do anything or let me do anything

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Tenant keeps complaining but wont do anything or let me do anything

Mary Jay
Glendale, AZ · Member since 2017 · 1k+ posts · 236 votes

I have a tenant in Arizona, who moved in a month and a half ago.

they keep complaining that the master bedroom is too hot.

The whole house is ok but the master bedroom is hot.

I offered them a portable ac, they refused took it but did not install.

I offered to have a handyman come install it, they said they can do it themselves.

I offered the ac guy to come check on the AC and asked them to call the guy, because he likes to schedule with the tenant directly, but they have not called him

I asked if they waned me to schedule with the AC guy,- silence.

They complain but wont let me schedule for them.

I understand that the tenants are just complainers, but I want to cover myself legally.

So in case, if they decide to take me to court, I would not be liable.

What is the best way to deal with things like that?

Thank you!

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Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
2y

@Mary Jay

If you have not done so already, make sure you are putting all your responses in writing. So email them if it’s a conversation or text that says “confirming our conversation you have rejected our inquiry and to having an HVAC technician review the master bedroom”. Every time this occurs, send them an email and put it in writing.

Two things, the first is a protect you down the line from them saying the home was not habitable and secondly, every time they ask, I would just keep referring back to my prior email and use that as a response

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y

    @Mary Jay

    If you have not done so already, make sure you are putting all your responses in writing. So email them if it’s a conversation or text that says “confirming our conversation you have rejected our inquiry and to having an HVAC technician review the master bedroom”. Every time this occurs, send them an email and put it in writing.

    Two things, the first is a protect you down the line from them saying the home was not habitable and secondly, every time they ask, I would just keep referring back to my prior email and use that as a response

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    Tell the tenant that you will be coming by with the HVAC person at set time and day (giving them more than 24 hours' notice) to look at the HVAC and figure out what the problem is.  I'm going to bet that they either blocked or closed the vents in the  master bedroom and there isn't really a problem.

    Explain to them that you need to get it looked at and if they are not going to organize it, then you are taking matters into your own hand and doing it.  I'd also mention that with winter coming, you need to make sure everything is working properly.  As Chris said document everything.

    And when it comes time to renew the lease...do not renew it.  You can also invoke the happy clause and tell them if they are not happy there, they can give notice and move out without any penalty, but that offer is only good for X days (eg 5 days).

    3Reply
  • Doug McVinuaPro Member
    Property Manager · Queen Creek, AZ · Member since 2016 · 608 posts · 426 votes
    2y

    @Mary Jay , what does your Lease say about the Notice of Entry? Carefully read what you had them sign, notify them via certified mail (generally, 7 days' notice is needed in AZ), and schedule the HVAC person. I agree with the above comments; document everything. 

    You must have done everything reasonable, even unreasonable, to cure the issue and document it.

    I lost $200.00 once in court because a tenant removed the range and would not let us reinstall it. The range went missing, and we evicted the tenant due to non-payment. The court awarded $200.00 less because the tenant had to eat out due to the lack of a range. We still have a large (uncollectible) judgment and eviction. 

    [email protected]602-751-7577
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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y

    1. Give them written notice that you responded to their request by offering to inspect and by providing a window A/C. Since they haven't responded, you can safely assume the problem was resolved.

    2. Schedule an inspection yourself. The law requires you to give notice, it does not require you to get permission. Bring a thermometer and measure the temperature separately from the thermostat to see if they exaggerated the issue.

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  • Gregory SchwartzBusiness Member
    Rental Property Investor · College Station, TX · Member since 2016 · 1k+ posts · 1k+ votes
    2y

    It’s probably not about the A/C. If I had to guess, they’re just not happy with the rental. Complaints that don’t really add up usually point to something bigger.

    I’d recommend asking them straight up if they’re happy living there. If not, then give them the option to move. I had a similar situation with a tenant who kept complaining about noise in my fourplex, specifically bathroom noises from the upstairs unit.

    I told her I didn’t think she was happy and that we probably chose the wrong apartment for her. I gave her the chance to move out without having to pay the broken lease fee. I moved in a new tenant who’s been there for two years now without a single complaint. Sometimes, it’s just better to let them go.

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  • Mary Jay
    OP
    Glendale, AZ · Member since 2017 · 1k+ posts · 236 votes
    2y
    Thank you guys very much for all your help!
    0Reply
  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    2y

    In these cases we just document the situation and the remedies we attempted to make. They don't have a case if you have done everything you said you did. You have done what you can, move on.

    [email protected]239-339-3969
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  • Mary Jay
    OP
    Glendale, AZ · Member since 2017 · 1k+ posts · 236 votes
    2y
    Quote from @Adam Bartomeo:

    In these cases we just document the situation and the remedies we attempted to make. They don't have a case if you have done everything you said you did. You have done what you can, move on.


    Thank you sir!
    How do you guys document? Is text messaging a good documentation in Florida? (I have some rentals in FL as well)
    0Reply
  • Joseph BeilkeBusiness Member
    Real Estate Agent · Palm Coast, FL · Member since 2018 · 363 posts · 243 votes
    2y

    Here in Florida text messages as legal documentation is a gray area. I'm dealing with a Union issue right now in a non real estate matter and labor relations attorney stated anything via text  is not considered binding.   As for real estate matters I would rely on email and certified mail.

    Document document document!  I have found using our property management software to communicate as a way for it to be saved 3rd party and reliable for legal matters.

    Forbes article 1-2024

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  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    2y
    Quote from @Mary Jay:
    Quote from @Adam Bartomeo:

    In these cases we just document the situation and the remedies we attempted to make. They don't have a case if you have done everything you said you did. You have done what you can, move on.


    Thank you sir!
    How do you guys document? Is text messaging a good documentation in Florida? (I have some rentals in FL as well)

    Anytime we have gone to court the judge always allowed texts and emails. 

    We text through our software which is much easier to track than phones. We also put notes in our system that documents our attempts to resolve issues that aren’t sent through text

    [email protected]239-339-3969
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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y

    Emails are better...but if all you have in some cases are texts, then there are programs that let you print out those texts. A Judge might look at them more favorbly if you have them all printed out with dates and times.....

    0Reply
  • Alecia LovelessPro Member
    Member since 2019 · 3k+ posts · 2k+ votes
    1y

    @Mary Jay I have a difficult, complaining tenant as well. I finally had to take a hard stance regarding my specific policies to curb the complaints.

    For example the tenant has been complaining about 2 ceiling tiles that became stained during a rainstorm 2 weeks ago. We are working to resolve the leak, which only stains ceiling tiles and does not drip into the unit. I finally had to send a message that we were aware of the problem and would resolve it when we were able but that it wasn’t impacting the tenants physical use of the unit.

    This advice may prove useful to you in the future.

    Document all conversations, texts, emails.

    I’m not a judge but I feel if you send certified mail telling them to either contact the repair person directly or to reach out to you to set up the appointment then you have done everything in your power.

    0Reply
  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    1y

    @Mary Jay our company has a mantra, "if it's not in writing, it never happened".

    Send them emails ending with an open-ended question, that encourages them to respond - which is proof they received your email.

    [email protected]248-209-6824
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  • Melanie ThomasBusiness Member
    Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 489 votes
    1y

    Simply document your attempts to remedy the issue. Unfortunately we can't force a tenant to act however we can CYA! 

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    0Reply
  • Mary Jay
    OP
    Glendale, AZ · Member since 2017 · 1k+ posts · 236 votes
    1y
    Quote from @Drew Sygit:

    @Mary Jay our company has a mantra, "if it's not in writing, it never happened".

    Send them emails ending with an open-ended question, that encourages them to respond - which is proof they received your email.


     Thank you!

    Isnt a text message is considered to be in writing?

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    1y
    Quote from @Mary Jay:

    The tenant complained. You gave them a portable A/C and they refused to install it. That's where the story should end.

    If they continue to complain, ignore them because the solution was already provided. If they insist on complaining, give them options for terminating the lease and moving.

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  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    1y
    Quote from @Mary Jay:
    Quote from @Drew Sygit:

    @Mary Jay our company has a mantra, "if it's not in writing, it never happened".

    Send them emails ending with an open-ended question, that encourages them to respond - which is proof they received your email.


     Thank you!

    Isnt a text message is considered to be in writing?


     You cannot absolutely prove someone received a vm, email or text unless they respond with acknowledgement.

    [email protected]248-209-6824
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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    1y
    Quote from @Mary Jay:
    Quote from @Drew Sygit:

    @Mary Jay our company has a mantra, "if it's not in writing, it never happened".

    Send them emails ending with an open-ended question, that encourages them to respond - which is proof they received your email.


     Thank you!

    Isnt a text message is considered to be in writing?

    Depends where you are. However I've been told that emails are highly preferable because they can track the IP address....anyone could pick up someone's cell phone.
    0Reply
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