All Forum Posts by: Michael Jones

Speak to a lawyer. I have a feeling the first question he is going to ask is what action did you take when you were notified of the issue? It sounds like you flew there and verified the issue, put her up in a hotel and begin remediation.

So now, regarding a lawsuit. They usually hinge on neglect. So the question is going to be "where were you as a landlord negligent? I do not really see that you were based on the information given in the post above.

And regarding personal property you would also need to consult a lawyer but i do not believe you will be liable any more than if a hurricane hit the home. It is not something you could have prevented or knew would happen and did not take measures to prevent it.

again, consult a lawyer.

@Lewis Christman

I would send the letter anyway real or imaginary. Then I would go and knock on the door at random times. If there is a terrier breed it will bark for you.

There is another issue here. You are liable for damages if that pet bites or harms someone on your property. And does your liability insurance even cover this type of pet (breed and size)?

I am sure if the insurance company receive a claim because the neighbors kid had his face bitten they will immediately put it in the hands of their lawyers. As soon as they find out that you knew the pet was on the property and you did not take action as the landlord to remove the pet then you will be in neglect. 

The best way to protect yourself is to send the letters now certified mail to remove the pet immediately. And if the pet is not removed during your states notice period (my state is 15 days) then I would file an eviction.

And by the way, I would not play nice guy here in hopes of avoiding an eviction with this tenant. All of the signs that you have given about them says you are going to have to evict anyway. So you could be playing nice guy, risking yourself a law suit over a pet, hoping the unit is not destroyed more and end up with a destroyed unit, an issue with a law suit and have to evict anyway.

When I have been in this situation where a tenant was not keeping their word and honoring the terms of the lease I treat it like a root canal. It sucks to have to go sit in that dentist chair but it is going to hurt worse if i put it off for longer.

@Nathan Gesner

When I am referring to repairing rather than replacing I am not saying it is cost effective to pay a repair company to fix an appliance like a microwave etc. 

What I am suggesting is that if a landlord doesn't mind changing a part themselves or has an on staff maintenance person I may be able to easily tell them what part to order and how to change and it end up being a $10.00 fix.

Once an outside vendor is brought in the game changes. I know this because I have apartments and I also have an appliance repair company. I see both sides.

An example of a refrigerator is one that is not cooling at all. It can be thrown out and a new low end one placed for $600.00. Or a replacement starting component can be bought for $15.00 and it takes 10  minutes to place on the fridge.

All I am suggesting is a little help before a big purchase is made. If I can not help then it is no harm done.

I see a lot of questions about appliance repair here on the forum and thought I would offer some help. I have been repairing appliances for many years and there are very few instances when an appliance is not worth fixing unless it is so old that it is an eyesore for the tenant. 

As an owner of several multifamily units I understand the sense of urgency when a tenant calls with an appliance issue but also the balance of protecting cash flow against an unknown repair amount or buying a new appliance.

Having said that, if you have an appliance issue feel free to contact me and I may be able to tell you exactly what the issue is an how to fix it. There are refrigerators, dishwashers and stoves thrown away on a regular basis that needed a $10.00 part replaced. 

If you contact me just have the model number and description of what the appliance is doing and I will be glad to help.

And if you are in my local area I may even be able to physically help.

Thanks

Mike

Move away from the independent banks. Go to fifth third or Chase.

In addition to what others have posted above if you listen to the questions a tenant ask it will reveal things about them as well. For example, a single mother with a child that is asking about the safety of the building, who all would have a key, assigned parking, is there pest control provided would indicate to me this person is not concerned about getting approved or being able to pay the rent but rather what type of community is it for her and her child. I would see this as a positive and an indication that if the community is safe and clean she will be a potential long term tenant.

Another tenant may ask questions like, what utilities are included, what day of the month do late fees hit, how much are the late fees, do you check credit, etc. This would indicate that the applicant is focused on every dollar and may be an indicator that they struggle with money.

Check with your insurance on type of animal, breed and size. If they will not insure with your current policy do not allow the animal to reside.

We charge $30.00 per month for each pet.

Providing the family has moved his belongings out and cleaned the unit just get the keys and written agreement that the lease has been terminated immediately by both parties. Then prep and rent out to a new tenant.

If it isn’t serious enough for the police it isn’t serious enough for the landlord.