All Forum Posts by: Michael Peters

Thanks @Catherine Emert I was leaning in that direction.  In regular situations more often then not the idea of a possible eviction will get tenants moving.  Hopefully the information warning will be enough to get them to shape up before I have to move into more legal waters.

Just completed my annual walk through of a townhome and encountered my first hoarder experience.  Not quite to the level of reality tv but still absolutely not okay.  Garage had trash bags stacked 4 ft high wall to wall with just enough room to park the car but nothing else.  I was honestly almost impressed.  Every available space in the kitchen was filled with enough food to feed a dozen people for a week.  Floors weren't at all visible due to the level of clothing, pop cans, used kleenexes, and other garbage.

Now that hoarding is considered a mental illness I want to tread accordingly.  I can't evict for hoarding so I could to cite a lack of access to emergency exits for example.  I think I would want to start with a phone call and email citing my concerns and give the tenants 7 days to correct the issues.  Follow up with another inspection.  If the issues are not resolved post a 3 day notice to cure of quit.

Anyone else had experience in this matter?

@Brian R. I like the stipulation including emotional support animals.  Clearly the practice is kind of out of control right now due to the vagueness of the new laws.  I don't know how many tenants sign a lease and then tell us they have an ESA.  Requiring approval upfront, local doctors note included, before bringing the tenant is definitely reasonable.  When I do have advanced notice I also require current vet records and require them to be provided again at lease renewal.  Anyone had issues with fining a tenant for something like this?

@Kyle J. has the right idea.  If your lucky enough to have a landlord who is willing to make these major repairs with a tenant currently living in the property be grateful.  Many landlords would not be willing to do that kind of work while someone is living there due to the added cost and hassle.  I would personally need a very good reason but a great longtime tenant might be worth it.  

All you can do is start the conversation.  This isn't a rights issue.  This is a we'd love to say in the house for another 10 years if you would be willing to invest in some new floors and paint situation.  They can't kick you out for asking but if you go about it the wrong way they could decide not to renew.  Hope this helps!

@Jarod Castaneda I'd be wary of waiting until move out to charge there deposit when the tenant is only at 6 months.  Doesn't take too many tenant damages to exceed and deposit and once the tenant is out collecting any unpaid bills is far more difficult then when they are still living in the property.  Just my 2 cents.  

For the tenants excuse with the quarter I would have referenced the property condition catalog and their signature.  All of our tenants review the catalog and sign before we hand over keys.  They have 3 days to report any issues not already accounted for.  We have 3-400 pictures of each property as well.  If the garbage disposal worked when you moved them in and they didn't mention it in the 3 days it would be their responsibility.

I would specifically include a provision in your lease about the tenant being responsible for any damages as a result of the furnace filter not being changed regularly.  I provide 1 years worth of filters and send reminders and some tenants still won't change it.  If its the same dated filter I installed at move out I'll charge the tenant for a service of the unit due to the added strain on the system they caused by not following our lease agreement.

With your plumbing situation I would include a lease provision that states tenants are responsible for maintaining all plumbing, excluding root intrusion and the like. If something happens in the first 2 weeks of them living there sure take care of it as it might have been from the previous tenants but beyond that its 100% their responsibility.  If you don't stick to your rules it will only make the next time you actually try to charge them for negligence that much harder for you.

Regarding how to most management systems allow you to charge through your system.  If your an excel landlord simply generate an invoice for the repairs using an online template and send it to the tenant.  I make all repair bills due with the second upcoming rent payment so they should always have more then a month to prepare.  If they don't pay apply their rent to cover the damages and send them a notice for unpaid rent.  All payments are applied to repair bills, late fees, and rent in that order.

Yes you can as long as you are consistent within the confines of each property.  For starters requiring 3-3.5x rent per property will drastically change who is eligible for a property.  Someone with a 600 credit score could be great for a $800/month rental but I would consider it a big risk in one renting for $2,000.  If you do differentiate between properties just make sure your criteria is recorded, prospective tenants are aware of the requirements, and you don't compromise on that criteria.  People are to be treated equally not properties.

It all depends on when their prior lease ended and what the clause said regarding the lease automatically renewing.  Was the lease renewed for an additional year or on a month to month basis?  Would love to see the exact wording if you have it.

Sounds like the property manager messed up and is penalizing you for taking their advice.  I would be firm that they cover the costs of any attorney fees.  A good PM would have done this from the start.

Typically you could post a 3 day notice to cure or quit, but that doesn't seem like the right route here.  Only your tenants credit and rental history is on the line.  You can attempt to speak with the unauthorized tenant and ask that they leave before you have to get attorneys or the police involved.  I would also consult an attorney to ensure your above board.  Keep in mind regardless of the situation the tenants did violate the lease and I would hold them responsible for any costs associated with removing the unwanted guest.

If a tenant attempts to return keys midlease I refuse to accept them.  We have sublease options written into our lease to address someone wanting to leave early.  A property owner shouldn't be responsible for the additional costs if they tenant feels like breaking there lease.  The majority of tenants will finish out the lease or move to sublet.  Can't blame them for trying.

Your on the clock as the the 8th and most state laws require the tenants February rent be prorated to reflect that.

For the water damage I would hold the tenant responsible for any deferred maintenance that damaged the property.  I assume your lease outlines the tenants responsibilities for caring for the property.  If they had notified you when water first became visible damage to the floor would have most likely been avoided.  Hopefully its something like LVP and you have some spare planks on hand to reduce the cost.