All Forum Posts by: Fred Dray

Fortunately, I have not had any vacancies since Zillow took over Postlets.  It was very easy to update ads on Postlets.  Just delete text/photos and edit/add new ones (it may have taking 24 hours for changes to go through).   If it does prove difficult, then create a new ad by copy and pasting the old text to new ad then attach the better pictures.  If the pictures are really bad, then note in your current ad that new pictures will be posted soon.

good luck

Seems that since you are rehabbing, the city likely wants to ensure everything is done to code, thus the request for the wiring diagram.

I would advise you to find an experienced electrician who has dealt with the electric co/city before in issues such as this and get his/her advice. 

Did the tenant give you 30-days notice that they were vacating?  A lease is there to protect you as well as the tenant.  If they left early, then I doubt there is any state that would not allow you to secure that last month's rent.  Wouldn't hurt to check with an attorney, but I think you should be entitled to withold the last month's rent from the security deposit.

I doubt that "afraid to live there" would hold up in court as a reason to break the lease unless the tenant could prove the unit is not secure.  Since you like the tenant, try dicussing the situation with her first.  Perhaps she will agree to pay a certain portion that is acceptable to you. 

I hate cigarette smoke, so I understand your dislike for pet odors.  But, you must adhere to reasonable standards when remedying the situation.   So you can address the issue, but not go overboard by spreading lime to kill the odor.   So if you decide to charge the tenant, take pictures of damge/mess, have the backyard cleaned, get the receipt and give the tenant a copy. 

If your neighbors are homeowners, I would try them.  They often have a vested interest in surrounding properties as noise, clutter or whatever is a nuisance.  Try to create relationships with them.  Perhaps one would be willing to keep a key and check/take pictures of the house/property for you every six months.

good luck

With the stuff left behind, be careful about discarding anything valuable because she still legally has possession of the unit.   Not sure if your property is in CA or not, but the apartments I manage are and our prop mgmt co has us hold things of value that are left behind for 30-days and then donate to charity. 

Did she ever give you written notice that she was moving?

One last thing, process servers are good at tracking down people that don't want to be found, because serving those people is  how process servers get paid.  Might be best to turn it over to someone and let them do the hard work.   Also, if they can't find the tenant then they will go to court and tell the judge.   That along with your other efforts in leaving messages and e-mails, her apparant abandoment of the unit...all might be enough for  judge to award you possession.   

Good luck

On second thought perhaps discrimination is incorrect.  Perhaps unfair advantage would be the proper term.

@Robert M. I agree with you that higher offer is not a problem.  As I see it taking a higher offer from one applicant and not allowing the other applicants the same opportunity to make a higher offer is discrimination because not all had an equal chance to compete for the unit.   However, I'm not an attorney and that's my opinion based on my experiences.

And I realize it's not likely that in this instance anything like this will come up as who would know how offers what.   I managed a 72-unit apartment complex where we often had several vacancies a month with man applicans.  So, I just learned to protect myself and the prop mgmt co by applying identical qualification requirement for everyone.

Would be interesting it an attorney could offer their expertice on the matter.

You have recieved a lot of good advice here.

Let me offer something... take emotion out of the equation.  With many applicants, one can find reasons to rent to them.   But to protect yourself from discrimination you need to treat everyone equally.  So as so many above have said....SET YOUR REQUIREMENTS and QUALIFICATIONS and STICK WITH THEM.  If you have several applications then you can afford to be selective.   The guy with shot credit is offering more $$ for a reason...he's likely been turned down several times for bad credit.   Not that he's going to be a bad tenant because of his credit, but other landlords don't seem to be taking that chance.  And, you accept him because he offered more $$ over another tenant who didn't have a chance to offer you more $$...that my friend is discrimination. 

I'm curious as to if your original lease allowed pets and if so, stated a pet deposit amount.

Also, additional tenants not added to the lease...never a good idea.

My years of training and experiences with a property managment co suggest that you need a trip to the woodshed.  But can't change what's been done so I'll make a suggestion.

You should check into hiring a mgmt co to take care of your property and it that's not financially feasible, then try to find someone with management experience to check on the property.   Why?  You're lucky the property is not in worse condition and the guy is honest enough to admit his trangressions...so at least you have a tenant with a conscience.

I'll just use one example to make my case....Daughter and her daughter are now residents who are not on the lease.  So dad travels for business and Daughther brings boy friend to live with her.  A boy friend doesn't have steady work.  Boy friend isn't on lease, so he brings friends over for a keg party.   You have very little control over these new residents who despite not being on the lease....are tenants because they lived there for 30-days and recieve mail there.  Thus, you have to go to court to get them out.

One last thing...why would tenant cut down trees and not mention that to you?  Does lease allow them to do that? 

In any event, looks like you realize this isn't an ideal situation and will make changes.  So, good luck.  But I really suggest you get some type of supervision for that property to protect your interests. 

@Paul Bojinov gives you very good advice. 

If tenant did not give notice and did not turn in keys, they are still in possession of the unit, so you need to proceed with caution.  Sounds like you are doing so. 

Do you have a section of your lease that deals with abandoment?  If not, include this in future leases.  At least in that case after a certain period of time (14 to 18 days with proper notice) you can re-claim the unit due to suspected abandoment.

good luck and let us know how this turns out