Tenant Issue/Problem - Need Advice Quickly - Thanks

[Betty NA]

Hello,

A year ago, I rented to someone who seemed nice on the phone during the interview and passed the the financial requirements. My issue is that during the year lease, the individual is not adhering to the lease and has flat out refused to do things that I have asked along the way and at times has become beligerant and even threatened to not pay the rent by consulting with an attorney when a custom rear door was on order and took longer to come in after it was damaged during a bad winter storm, (the door was secured with a professional company and I was working with my insurance company and their vendors - there was also another alternate rear door).

In addition, she has refused to things such as:

1. Cleaning up leaves in the early spring (this is suppose to be done in the Fall each year) - when I politely asked her to take care of this, she refused... stating that she wants them their for the butterflys. (this requirement is in the lease). 

2. Hung many, many pictures, and stickers on the walls without my permission as well as removed permanent fixtures such as the dining room chandelier, the lease expressly says that "no alterations are to be done to the walls" and I told her, when asked that nothing could be hung on the walls in the first year of tenancy but would consider it if it went into longer tenancy. Again, she ignored that and there is no wall or area that she did not put a nail, command strip or other device to hang items in the plaster walls.

3. Threatening to use people off the street (storm chasers) when I was working with ins. companies to take care of minor (we had 3 back to back storms).

4. Build a "chicken wire" fence without my permission.

The "pros" to this lessee are that the house is kept clean, straight and pays rent on time.

Normally, I would terminate this lease due to the risks, obstinant behavior, disrepect and ignoring items in the lease, however, I have a close family member who is extremely ill and needs me to help at the time of this turnover.

As I see it, my options are to:

1. Renew the lease and obtain additional rent and security deposit

2. Terminate the lease but it would probably sit for 2 - 3 months given the downturn or instability in the economy right now.

3. Create an addendum for this person to correct these items immediately or

4. Ignore this - renew for the additional year to keep income coming in and charge the deposit for damages (such as stickers, etc.)

5.  A combination of the above??

I have never dealt with a tenant that is so oppositional and does not adhere to parts of the lease, not ask permission for alterations (such as removing my dining room fixture). I spoke with a few mgmt. companies and they would not begin any showings until she is out of the house which would put me close to fall which is a more challenging time of year to lease, if we get into the middle fall or winter, people do not move in my town.

I would like to get some advice (understanding I have a very ill family member) that would preclude me from managing this during the turn over time and handling this in an ideal manner that I normally would.

Thank you!

[Amber Forkey]

The short answer: get the tenant out and move on. They will only cause you more trouble the longer they are there. Hire a property manager to take over the management for you and let them market/place a new tenant. Speaking from experience, those types of tenants become a nightmare fast...