All Forum Posts by: Camie Jelinek

Clearly out line in your lease the policy on additional tenants. Including a time frame that determines someone is a guest vs roommate. I certainly would screen the person the same way as all other tenants. All to often you have a girl go rent an apartment and pass the background screen  then move in the boyfriend that has a rap sheet a mile long. She can't put him on the lease because he can't pass the screening so he's just a "visitor". That's when you get into trouble. 

Here is one thing I ran into. The couple is not "serious" to the point that the boyfriend staying 5 nights a week wants to be financially responsible for her apartment -understandable. So just let them know anyone who is going to be around that frequently needs to screened, and listed as an additional or even "occasional" tenant. You don't have to have them sign the lease for financial responsibility, but just so that you know who you have on the property. That should clear up any sneaky "guests". 

I had a tenant call and tell me someone has been repeatedly breaking into her apartment. I was very concerned and asked how many times, if its repetitive why is this the first I have heard of it? Has any of the 31 other tenants there in this close knit complex not seen anything? Do you have damage to doors or windows?? She said "no no damage at all".  Then I thought are we talking break in like my friend moved out has a key and keep coming while you are out kind of thing? She said no I have lived here alone the entire lease. So I am confused a little.  

She went on to say she was calling me to request that I ask my maintenance staff to stop using their master key to "break-in" her unit to go in drag out her clean towels and urinate on them in her living room floor.  

At this point I said "Ok wait come again"...? She said someone is letting themselves in to my unit throwing all my clean towels in the living room floor and urinating on them and I want it to stop. I said ma'am do you have a dog?? She got very angry and told me she does not have an animal. She knows its us and we better stop. 

Finally I just said Okay I'll see what I can do. If you can't beat em join em I guess.  

Honestly I only want money orders and cashiers checks - certified funds only.

Here is why:

Cash -can't track it. The tenant can say he gave my property manager $500 and she only turned in $300 and there starts a problem so cash is always a bad idea. We do not accept cash ever!

Checks- can bounce.

Credit Card payments- You may have to pay the 3% fee to accept cards, and even if the tenant incurs the fee instead of you. I have seen credit card charges be reversed and the money taken back from the landlord bank account if the tenant claims it was charged without their consent (when it wasn't) and land lords losses out. Not that it happens often but I have seen it.

Direct Bank deposit- This is good way to collect rent BUT in the event you are evicting a tenant and your state has a law that says any payment made to you by the tenant  after the filing of eviction throws the case out you can run into problems with them depositing any amount of money (even $1) and getting the eviction stopped all together.

Of course you choose the method best for you in your situation. Good Luck to you!

In Texas the landlord make keep the security deposit for loss occurred from the breach of lease. 

Who would return the $2000 deposit and then take them to court?

If you did end up in court you would be best served to do so after you have re-rented the unit so you know the loss you had between them leaving and finding someone new. The judge will not award you $12,000 for the next 6 months of rent left on the lease because surely in that amount of time you have re-rented it as you at required to actively seek a new tenant. So you will need their move out date, the date you moved someone in, and the amount of loss you are seeking.  

Hi Derrick,

  So if they had a security deposit which I assume they did in a $2,000 per month home of course you keep that for a month's rent while you advertise for a new tenant.

Here is something I have found works well - tell the old tenants that with 6 months remaining on the lease you can take them to court for the time between them leaving and the time you re-rent the home. As they have breached their contract with you. Offer a "buy out" option where they can pay you "x" amount and you settle the debt without court proceedings. The court would issue a judgement that they will have to pay, and then they will have that on their credit and it will be hard to rent again. So play it up that you are doing them a favor of working it out outside of court. If they will pay another month that gives you 2 month to find someone new. 

I have a "buy out clause" on my leases that has saved me a lot of court visits. Mine says if you break the lease you forfeit the sec dep. you can either be taken to court for the vacancy loss I incur (which could be a while in the winter) or pay 2 months rent and your obligation has been met and we can no longer take you to court. Almost everyone that has to break opts for the buy out instead of having it go to court.

If your lease does not state that the tenant forfeits the deposit terminating the lease early (Then I would change it) and provide the tenant a copy of the receipt from having the carpet cleaned, and any move in/out inspections pictures the property management team took to show why you are holding that money out. 

 If he only stayed 1 month in the unit after signing a contract why does he get any deposit back? Does your lease not stating that by breaking the lease you automatically forfeit your security deposit? Did he give a 30 day notice? If not again he should not get any of the deposit back. 

Dang it I know what you mean! No good deed goes unpunished right? I am the same way sometimes. I find myself doing what I would want others to do for me. Okay lets bend a little here and there accommodate good tenants and they will respect that and not leave me hanging.  Well it rarely turns out that way and then I feel jaded and think I'm never doing anything nice for anyone ever again! Ha! Just kidding but that does cross your mind.

So what steps are you taking to get the property preleased for 1/31?

Hi Justin! 

I am not in the Indy or Minnesota markets, but I manage over 600 door of residential & commercial properties in Missouri. If I can answer any questions for you shoot me an email. 

Many things you can do here, but you need them out like yesterday so -

In my state you may file an eviction (expedited in some cases) if a tenant: Allows drug-related criminal activity on the premises. Your grounds are other tenant complaints and the police report of the over dose on the property. Also the testimony of the officers on scene that night should be all you need to get them out quickly.

Your state has similar statute- http://www.masslegalhelp.org/housing/legal-tactics1/chapter13-evictions.pdf  

Follow these steps and you should get them out pretty fast! Good luck!