All Forum Posts by: Julie Hartman

We had toilets crack at two separate properties and they were both the same brand. Our plumber told us it was a manufacturing defect and not anything the tenant did to cause it. We had never heard of a toilet bowl or tank spontaneously cracking but I guess it can happen. If it was indeed tenant caused, then you will need absolute proof in order to force them to cover it. 

This probably falls under the "contact an attorney for clarity" type of issue. Like @Theresa Harris said, if their lease ends this month and they haven't been given a non-renewal notice, then it's too late to give notice now. You could allow them to holdover which puts them month to month and you might be able to give the notice before the end of February. However, our attorneys have told us that even non-renewals get a second look now because IF they are perceived as "retaliatory", they won't fly. So I would contact your attorney asap for clarification on getting them out legally. They violated your lease so you should have a case. It would be worth it to check because everything is a gray area now.  

So sorry! When tenants fail to notify of urgent repairs, it can be very frustrating for sure. Can you file an insurance claim for the damage? Hopefully your lease says something about immediate notification of any water related repairs, etc. or tenant can be held liable. If not, you may want to revise it for the next tenant. I would be extra slow about fixing the dishwasher, maybe the tenant will grow tired of hand washing dishes and move. I know here, the dishwasher is not part of the habitability covenants. 

I would speak with an attorney asap. Since his reservation was for a short term (hotel type stay) and it ended and he doesn't have a lease like a traditional tenant arrangement, isn't he just a trespasser at this point?  Doesn't that give you the right to call the police to get him out? You have no lease with him therefore you don't owe him duties like a typical landlord, correct? 

Honestly, the best thing to do is purchase a lease from a local landlord attorney. They will have all of the up to date tenant laws of your state built in. General leases off the internet don't always cover what is allowed in your state, especially when it comes to the deposit. You can ask a property management company for a copy of their lease but they may not want to just give it to you since they probably paid for it themselves. I know we don't hand those over to just anyone asking to see it. If you want something iron clad, you should do it right. 

We don't typically allow cats because of this very issue - cat urine is very difficult to remove. And there are many people with cat allergies so it can sometimes come up in re-renting a place. In the rare case we do allow them, we have a pet deposit and pet rent. With that, we are not limited to the pet deposit to cover any damage, we can dip into the security deposit if necessary. We also require the cat be fully vaccinated and be spayed or neutered which will diminish the chances that they will spray. 

Like @Theresa Harris said, the lease and management agreements are two different things. In most places, a lease supersedes a sale, so a landlord is required to honor the current lease until it expires at which time you can have the tenants transfer over to a lease of your choosing or get an entirely different set of tenants. The management agreement is with the original owner and the new owner is not obligated to continue paying for those services if they don't wish to do so.  

The management agreement is with the seller, not you. Unless you signed the agreement, then your name is not anywhere on it. When one of our owners elects to sell, the agreement dissolves once the transaction closes. Given that the PM company you are dealing with seems to be very unprofessional, I would make sure that all documents are accounted for as well as make sure the tenants have been properly notified (depending on your state law) with regard to their deposit changing hands, new location to pay rent, etc. Sounds like you may need to get legal with them because you don't want tenants to keep paying the PM rent once you close and not be able to collect it from them. You may even need to make direct contact with the tenants yourself if the PM is non responsive. 

If you are trying to evict them for non-payment of rent, you will have an uphill battle. The eviction moratorium will stand in the way of that. If you are trying to get them out for other lease violations, it will probably still be a battle as most courts are either stopped or on backlog. Some landlords are resorting to cash for keys, (if it's legal in your state), you could try that. 

I don't think there is anything you can say to her that will "fix" it. This is a mental health issue and until she recognizes she needs severe help, nothing anyone says to her will change her behavior. I would bet that people in her close inner circle/family have tried to help her but she can't control herself. Please keep us updated on this; I would love to know the outcome. Good luck!