All Forum Posts by: Michele Fischer

This is part of landlording, it's pretty normal to have units trashed at move out.

If another owner or property manager asks you about a prior tenant, answer, but no need to go offering when they haven't asked, and no reason to reach out to prior landlords.

If it was me I would itemize the damage, complete the deposit return paperwork, mail it to your unit address with their name, see if it gets forwarded, and get all the paperwork together to turn them into collections.  That can help you feel better and help warn future landlords but you will likely not collect anything.

Be thankful that you got possession back and can move on with another tenant, things can always be worse.

I suggest something along the lines of "we support ESAs.  Please complete the attached paperwork to start the process of getting your animals approved.".  If they actually complete it you should probably treat the pets as ESAs.  But in our experience we don't get them returned.  Moving forward, you might want to provide a one pages listing out the cost of move in and the first month so the conversation can start at lease signing and you have more options to clarify and make sure the lease works for everyone.

FORM TO REQUEST AN ASSISTANCE ANIMAL

We are committed to granting reasonable accommodations when necessary to afford persons with disabilities the equal opportunity to use and enjoy our rental properties.

Under the Fair Housing Act, a person with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities. Reasonable accommodation may include waiving or varying pet polices and fees to allow an Assistance Animal. An Assistance Animal is an animal that does work or performs tasks for the benefit of a person with a disability, or provides emotional support or other assistance that alleviates one or more symptom or effects of a person’s disability.

Please complete this form completely and return it to us. All information will be kept confidential, except as otherwise required by law.

Today’s Date: _______________________

Name of person with disability requesting accommodation: _____________________________

What is the species of animal? __________________________

Provide the name and physical description (size, color, weight, license) of the animal:

_______________________________________________________________________________

Does the animal perform work or do tasks because of the disability? _____________

If Yes, please provide a statement from a health or social service professional indicating that you have a disability and explaining how the animal is able to do work or perform tasks that alleviate one or more symptoms or effects of your disability.

If No, please provide a statement from a health or social service professional indicating that you have a disability and how the animal alleviates the symptoms or effects.

Please attach statement with any additional information and contract information for the professional completing the statement.

_______________________________________ _______________________

Signature of Person Making Request Date

_______________________________________ _______________________

Signature of Person with Disability Date

Excel can be an effective tool, just track costs aligned to the IRS categories.  Each year it is easy to key the numbers into Turbo Tax.

Keep all receipts for seven years.  And track mileage to and from properties to take the mileage deduction.

Our categories, some of which we split into more categories for our internal reporting:

Here’s what I would do:

$75.00 parts to replace living room built-in

$350.00 cleaning, given that unit was filthy

The following damage will not be charged: furniture, installation for living room built-in.

This keeps you aligned to what you have defendable receipts, meets them in the middle, and sends the message that you left them off easy. This might soften the blow.

I would do a maintenance inspection to get an idea of how much damage has already been done.  If you can move a photo on the wall or something to see if there is nicotine on the walls.  If the place is pretty far gone, may as well keep the smoker and not enforce the lease.  You could send a notice of violation and that the deposit is likely forfeited, or somehow ackowledge that you know and there are consequences.  Knowing and ignoring implies consent.

If the place is not in bad shape, it might be better to enforce the lease. You would deliver whatever documentation your area requires for a lease violation.  The intent is to get them to stop and/or explain why you won't renew the lease, eviction is probably not worth it.

Regardless you will have more work to do after they move out to make your unit appear/be non-smoking again, so plan on extra time.

Have strong language in the lease.

Our rental agreement: 

Smoking Policy: The Premise is to remain a smoke free environment. Smoking is prohibited indoors and within 25 feet of all structures. By signing the Agreement, Tenant acknowledges that they have been informed of this policy, and will comply. Residents are responsible for ensuring that family members, roommates and guests comply with this rule. Furthermore, if there is evident damage which indicates that there was smoking on the Premises (ie. Cigarette burns; non-smoker smelling smoke odor; stains on the walls and ceilings, etc.), the Tenant will be responsible to pay for the costs incurred to repair these damages and return the unit to pre-occupancy condition.

Agree, this is to be expected.

If they left belongings, research the law in your area about storing them and try to get them to agree that you can dispose of the items.

Stop trying to enforce the lease, you likely won't get any further compensation.  Do the deposit itemization according to your local laws, withhold a lease breakage fee or lost prorated rent until you get it rerented. Move on, put your energy into finding a better replacement tenant.

Agree with others that if tenant is moving in at the end of the month, collect the prorated plus next month.

There is no need to address the mouse in any written conversations.  Sounds like the mouse may follow her around if she is a slob.  But mice indoors are not normal, so you probably have more on your end to exterminate.

But there is probably a need to address and itemize the deposit.  Agree you can probably keep it, but you should document why and send it to the tenant as per local law.  If you are lucky enough to rerent it quickly, you should refund a prorated amount for the days that would be double rent collected.

Agree that you don't have much of an argument.

We rented our apartment with the idea that we had a lovely community rooftop to enjoy as additional living space.  Then the pandemic hit and we could no longer access the roof, and there was no rebate for the reduced usability of the space.

It sucks, but its life, and there isn't much you can really do about it until the lease is up.

Agree that a screening policy is a great way to make the decision and to justify the decision.  I use a point system that I would run both applicants through and the highest points get the offer.  They lose points for being smokers, they lose points for their move in date not aligning to my availability.

If they are moving from another area they probably won't benefit from an earlier move in date, but we often offer a discounted rate to take it sooner or split the difference between when we want to rent it and when they want to rent it.

This sounds like it might be a win-win, Hospice has plenty of funding to be a reliable renter.  One thing I would investigate is the disclosures required about people dying on the property.  Normally it is more related to unnatural/violent deaths, but since you would be looking at a lot of people potentially passing away on your property, something to consider for resale.