All Forum Posts by: Amie D.

Amie D. I would just give them 30 days notice. If they want to complain about stress then they will know what stress is then. In my experience if tenants are not happy then place will not show well which will cost you more than a months rent so may as well just give them notice. The longer the property sits on market the less likely you get top dollar. We almost aways remove tenants and we also try to do an open house. I would consider buying them lunch to be gone for 3-4 hours to get showings through. Sure you can play hardball and try to keep the security deposit but its not likely you can renovate an entire place off of it.

Respect their rights and have home in order before showing. The renters all expect top condition and will ask for significant discount if not meeting their high standards.

@Amie D. security deposit with holding is allowable for only certain things by most state laws. I am not an attorney, but I am also not sure your other sources are attorneys either. Assuming the property is in Indiana, this is what your law states:

IC 32-31-3-13 Use of deposits Sec. 13. A security deposit may be used only for the following purposes: 

(1) To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear. 

(2) To pay the landlord for: 

(A) all rent in arrearage under the rental agreement; and 

(B) rent due for premature termination of the rental agreement by the tenant. 

(3) To pay for the last payment period of a residential rental agreement if a written agreement between the landlord and the tenant stipulates that the security deposit will serve as the last payment of rent due. 

(4) To reimburse the landlord for utility or sewer charges paid by the landlord that are: 

(A) the obligation of the tenant under the rental agreement; and 

(B) unpaid by the tenant

@Amie D. @David Moore To clarify, I only disagree with showing the unit before it's vacant. I did not say it was wrong.

What I said was "wrong" was Amie's statement:

 "in my view they "were" long term tenants - but are no longer as they are now moving out."

Saying that someone is no longer their long-term tenants as they are now moving out is indeed wrong. That kind of opinion--or thinking--can get a landlord into legal trouble if they act upon such opinion.

@Amie D.

First, I've read through most of your posts, and to me, you sound like you know quite a bit about real estate.  I also will adopt the excellent suggestion of the $75.00 fee for not doing a showing.  I disagree completely with @Nicole A., on showing the unit while still occupied.  The best tenants you can get are ones that plan ahead, have a checking account, at least ok credit, etc.  But a planner, someone who is looking for a place and can coordinate it two months out is a good tenant to get.  

You are not wrong showing it.  But I have a couple suggestions for you.  First, why not do this in South Bend?  Been through it, you've got a major university in town, and it's a nice town.  You even have a Costco, though getting there was a hassle.  To me, I think you've got this...get rid of the PM, and do this yourself.  Manage it yourself.  Instead of a PM, find a realtor in Kentucky who will show it.  Give them one month or 1/2 month rent to find your tenant.  Many realtors have an existing list of potential tenants who are already vetted.  This is how I fill.  When your realtor shows the property, assure them your team will make the place rent ready.  Ask the realtor to set this up.  

Collect the monthly rent through Cozy.  Build relationships in Kentucky, especially with a good realtor, who owns rental property themselves.  I have four properties 100 miles away, and I fill vacancies through a realtor.  Works very well. 

@Amie D. where did you get the idea that violating a lease results in forfeiting your deposit? Does your lease state that? Did you consult an attorney to see if that is even legal in your state? Do you really believe that if you with hold their entire deposit and it goes to court, that you will win?

Maybe the property manager is just being realistic. You can't force people to do something. If I was a PM, I wouldn't barge into a property after being told not to enter. That is illegal entry, even if you post notice once they tell you "do not enter", it becomes illegal. Asking your PM to break the law and force his way in is unreasonable. You can take them to court for lease violation and try to evict them, but at this point that is probably not the best decision. 

I would tell the property manager to give them written notice of lease violation. Tell the tenant this will effect your ability to give them a good rental reference in the future. Maybe they are buying a home and don't care, but they should care. Something unexpected could happen in life that causes one or both of them to need to rent. Losing a reference for someplace they lived five years would be a big problem for them. Have the PM make it clear that it is understood the property will be messy since they are moving. The PM will accompany the perspective tenants and they will do the walk through in less than 10 minutes. The point is, you want them to leave on good terms and you want access to work on rerenting. It is a mutual respect issue. 

Personally, with a pregnant lady and it being two weeks away, I would just wait. Take it as a learning experience. Add the statement to your lease and just move on. Taking their money is illegal, so if you chose to do that, be ready to go to court.

Bottom-line is that you need to deal with the situation that is in front of you now.....and then change your plan as you want for the future.

Its almost move out time anyway....so getting heavy handed wont really change much. If they have been good easy to manage tenants for 5 years, chalk it up to a success and move on....no need to make a huge drama out of it....not worth making it a battle.....

This is what I would do...... INSIST that the PM do a "current condition" type of inspection ASAP....so you have a good idea on what will need to be done as soon as they move out. Based on that, get those services scheduled to occur as soon as the tenant is gone. Let them move out.....you can start to show it as soon as its vacant.....or get the services done and then show it in prime condition...up to you. If you plan correctly, the down time will be minimal..... the $$ lost wont be worth the drama of trying to shove the showings down the tenants throat.....pick your battles....

Then you decide if you want to get a new PM....and add the fee to your new leases for tenant refusal to show.....make sure you follow your state laws

@Amie D. I think you missed what I was actually pointing out. And to be a little blunt, your view is wrong. Until those tenants actually move-out, they are indeed still your tenants. Just because someone gives notice that they're vacating doesn't mean you suddenly treat them otherwise. They are still a tenant and a customer of your business.

The point is that you should not expect to show a unit and get a signed lease before the current tenant has even moved out. You are setting yourself up for a lot of headaches doing that. Going about things this way increases the likelihood of headaches (as I described in my first post).

However, it sounds like you are convinced that your PM should be showing a unit while still occupied despite a few seasoned investors/landlords suggesting otherwise.

Did you not factor vacancy into your analysis before purchasing this property?