All Forum Posts by: Wesley W.

Looks like yet another example of the "you always get paid" myth with Section 8, eh?

This is one reason why many landlords shun Section 8 - so much so that some jurisdictions now legally manadate that lessors accept it.  The extra superfluous link in this chain has screwed you out of a month's rent.  There is probably nothing you can do about it.  Unfortunately, the S8 contracts are written so unilaterally you do not get much agency in the relationship. It's interesting to note that S8 did not respect the part of your contract that their client violated, but if it were the other way around they would taken you to task and eviscerated you in a heartbeat.

If it were me, I would have begun marketing the unit immediately upon proper notice (which they did not give, btw), and sought out new prospects.  When they did not follow through on their move out date, they made their problem become yours.  If it were a paying tenant, if you did not have anyone moving in for April, you could have made a deal with them and collected April's rent in cash right then, and created a win-win situation.  

Unfortunately you have a contract with two parties: one that has no skin in the game, and one that makes and enforces the rules to their sole benefit.  Most of us have had similar experiences with these government subsidies, and this is why they cannot find enough housing providers to participate in their program.

If they are asking for a "reasonable accomodation" under the ADA, then I believe they are required to pay for the change, and - if necessary - pay for its removal after they vacate.  There is something in the law that says reasonable accomodations cannot place a finanacial burden on the property owner or something similar - search it up to see the exact wording.

So, unless your municipality has a statute that places more responsibility on you (based on where you are, that would not surprise me one bit), I think it's on them.  Again, do your research before answering them because if you misstate your obligation they will probably legally rub your nose in it.

I have not spent a day in law school, so take my advice with that caveat.

As long as you are not recording a tenant in their unit (or have the camera aimed at their window to look inside, for instance), then I think you are fine.  There is no expectation of privacy in common areas or outside on the premises.

However, I am reading between the lines here and it seems like the tenant is the real issue here.

Here's what I would do if I were you (in order):

(1) Issue a notice of termination to this tenant, and make sure you comply with your state statute for doing so.  As a self manager, life is too short to put up with this.  This is your property and you make the rules!  There are plenty of qualified applicants that would appreciate an attentive and responsible lessor.  Hopefully they are MTM.  If not, hopefully their lease term is coming up soon.  In most jurisdictions (besides a few left-leaning pockets), you can terminate (i.e. not renew) a lease for any reason (excepting discrimination based on protected class) or no reason.  Do not give them a reason.  The less you say, the less fodder you give them to argue with you ad nauseum.

(2) If you are still offering term leases, consider offering MTM henceforth.  I have written extensively here in on BP about the benefits of MTM and the liabilities with term leases .

(3) Tighten up your lease language regarding cameras.  Here are two excerpts from mine that are germane:

22. SECURITY: We do not provide security services to protect you, others, or property. You must look solely to public law enforcement for such protection. We will not be liable for failure to provide security services or for the criminal or wrongful acts of others. Exterior doors should be locked at all times. We have no duty to you to provide security services or devices other than the duty to provide you with (a) an operable lock on each main swinging entry door of the Rental Unit and (b) operable window locking devices for windows that are designed to be opened. After you take possession of the Rental Unit, we will have no obligation or duty to inspect, test or repair any lock or other security device unless you request us to do so in writing. There should be no expectation of privacy in the common areas of the Premises. We reserve the right to place security cameras in those locations at our sole discretion as we deem necessary. Any cautionary measures that we take (whether applicant screening, security cameras, security devices or courtesy patrol services) which may presently exist or later be installed on the Premises are neither a guarantee nor warranty against criminal acts of others on the Premises or otherwise. Your personal safety and security are your personal responsibility. If criminal activity occurs, you should contact the appropriate law enforcement agency.

AND

(n) Cameras may not be placed by you (or at your direction) in common areas or anywhere on the outside of your Rental Unit. Doorbell cameras are permitted on your exterior door(s).

Lastly, regarding the concern about audio recording and its legality, if you find it is not legal in your area, then just disable the audio portion of the recording via the app.  It should be just a toggle on the UI.  But...as I stated...your REAL problem is (1), above.  These other things are red herrings; you are spending time on managing the effect, rather than dealing directly with the cause.

Good luck!

I would offer that agreement to her ASAP.  That way, if she declines you have more time to market the unit in anticpation of the upcoming vacancy.

 Yes, exactly right.  It must be said that since I've had this policy, no one has called for a lockout. 

 This should not be your problem as the owner.  You are paying the PM for this service so you do not have to worry about such things!  And they should be providing that service, regardless of employees' time off.  Are they still collecting their monthly fee while on vacation?  (We all know the answer to that.)

I'm bearish on using technology for this kind of stuff - especially for a rooming house, which sounds like workforce housing.

Here's what I have in my lease as a self manager in Upstate NY:

17. LOCKS: If you find it necessary to have us unlock the Rental Unit you will be charged a fee of $75.00, payable as Additional Rent, within 7 days from the lockout service. If we are unavailable to assist with a lockout, a licensed and bonded locksmith should be called at your expense. A lost key can be replaced at a cost of $12.00. You may not change or add to the locks of the Rental Unit at any time. Lock changes shall be made only by us. You may make copies of your key at your discretion. You may request that your unit be re-keyed by us via appointment for a fee of $50.00, payable as Additional Rent.

If I am nearby, I will swing by and charge for the lockout.  If I am not, they will have to call a locksmith.  I should probably update the prices a bit to align with the inflationary environment in recent years.

Regarding the lease, give them proper legal notice and present them with a lease.  If they do not sign, issue proper notice to terminate.  Have an attorney ready, as these kind of tenants will dig in, and evicting for anything other than non-payment is not for the faint of heart in the Socialist Republic of New York.

I always respond to what a tenant DOES, not what they say they will do.

I would offer her your deal of 1.5mo for 3mo in writing, and inform her that this offer will expire in 7 days.  This will give her plenty of time to finish deliberating about it. If she does not sign (and pay in full, as her items will remain in the unit leaving her will legal possession) within that alloted time, you will abide by the original agreement and she must be out by the last day of your current contract.

This way, she has to cut bait or fish, and you are not left wondering if you need to seek bookings for those three months of vacancy.

Alternately, you could tell her that she is welcome to take more time to decide while you return the unit to public offering, in the hopes of getting a full three months of revenue for that time, ans she is welcome to enter into your agreement so long as the unit has not been supsequently rented at market price.  I would keep it simple, however, and give her a week to consider your very generous 50% discount.

If she is as desirable as you suggest, she will understand you are running a business and not string you along and will put some skin in the game with her payment.  If she is not fully vacating the unit, I would not take a partial payment.  

If she pushes back, send her on her way, and return your unit to market.  If your place is as superior in your market as you claim, you'll have no problem booking it with someone less capricious.

 Common cold water and two handle hardware at the fixture. When unit 2 runs cold water, the pressure drops on the cold water side of the fixture, but the hot water stays at pressure, which increases the proportion of hot water coming out of the shower head in unit 1. Flush your toilet and your neighbor gets scalded.

You need to engage an attorney ASAP and follow their advice on every step from this point forward. You already gotten over your skis in the beginning of this situation, and if you overstep or mess up anything procedurally they will take you to task. It's money well spent. I recommend calling someone today.