All Forum Posts by: Fred Dray

For apartments we've always used the initial lease period of 12 months then after that tenancy reverts to month-to-month.

I'll add a con to @Dana Dunford's list in that if the tenant is locked into a lease, it becomes more difficult to evict.

As everyone else mentions, congrats on 25 years and no evictions.  Hopefully, this tenant will cooperate and you will keep that streak going.

As @Dave Pate states, you should definitely have a section in the lease stating tenant can not change locks.  Also add "If tenant does change locks, a key must be delivered to owner on demand." 

Try to work things out amicably.  If tenant does not give you a key...as owner you have a right to change the locks to have the ability to enter.  If you are forced to do so then to protect yourself I would give the tenant 24 hour notice that you are changing locks and establish arrangements for how he can get a copy of the key.

As far as entry.  The standard is you can enter without 24-hour notice in case of emergency which is often fire or flood.  I have to question how "sooner if time is critical" would stand up in court if you are just entering to show the unit to a perspective buyer after the tenant has stated he doesn not want anyone in the unit. 

I would always give 24-hour written notice if entering to show the unit.  Not much he can do to keep you out with proper notice. 

best of luck selling the unit

Everyone gives you good advice...inherited tenants have them reapply.  Your tenants that have caused no problems then carry on.

However our practice is after a 1-year lease ends, the tennancy becomes month-to-month.  That gives you some lee-way in that if tenants start causing problems it's easier to evict.  Also allows them flexibility if they want to move. 

One more thing: you wrote "I went in"  No, don't do this without posting a 24-hour notice to enter.  In the eyes of the court if they still have keys then they are still in possession.  You have no right to enter (even if they said they would leave on a date) unless they have given you keys or you posted a notice.

A;lways protect yourself by posting a 24-hour notice to enter

They have played games in the past and are playing games now.   I have not been to court in a while, but not too expensive to file.  So, turn that 3-day notice into a court date and have them served.  I'll be that gets them out.

In the meantime, don't have any verbal exchanges with them.  Will just piss you off and give them fodder to use against you in court.  Any exchange you might have...like they are stating they intend to move on certain date...ask for it in writing.   Give you ammunition in court.

good luck

Both @Benjamin Timmins and @Kyle J. are correct in that you have a lease with this tenant and he can not break it without a penalty.  Legally, he is liable for rent until end of lease or you re-rent the unit, another tenant signs a lease and begins paying rent.

If not already in the lease, you can not make up a breaking the lease penalty and have the courts enforce it. 

If the tenant leaves early, ask for something in writing (30-day notice) to establish when the tenant is leaving.  This will help if you end up in court.   If tenants leaves and won't agree to pay any rent, you do have the security deposit and unpaid rent can be deducted from that.

If tenant won't give notice, write them a letter stating if they leave before end of lease, they are in violation of lease terms.  State you will attempt to rent unit asap and they will be responsible for rent until a new tenant signs a lease and pays rent.

So they are leaving and you can't stop them.  Try to keep it amicable.  Post your ads and ask the tenant if you can show (actually decide if unit is in condition to show...post a 24-notice to inspect) and if so start trying to rent the unit right away. 

When you revise you lease, don't forget to include something like tenant if staying for less than a year is responsible for 100% for the cost of painting and other make-ready expenses.   These are often pro-rated (except cleaning) based on lenght of stay.  For instance our terms states for painting tenant stays less than a 1 year - tenant pays 100% cost of painting.  1-2 years, 33 %  2-3 years 66% 3 years or more no charge for painting unless due to damages.

good luck

Both CL and the new Zillow (used to be postlets) are great places to list your property.

I could give you tips, but even better is to look at ads on those sited place by other landlords in your area and see the type info they list and what format they use.

In your ad, be sure to state all qualifications you require.  If you have a non-smoking unit you don't want smokers to call...so make sure it's listed. 

Defitinely take pictures and post.

best of luck

I agree with @Michaela G. in that he's the former owner is the more pressing issue.  I've never evicted a disabled tenant, so I'm basing this on my understanding of rental laws.  Unless there is something specific in the lease to the tenant's situation or disability, then all normal eviciton procedures should apply. 

However, I would warn agains viewing him as someone to evict until he gives you reason to do so.  Has he been paying on time?  Is he breaking any terms of the lease?  If not, you have no reason to evict. 

He may come across as someone who is resentful, but as the landord...you don't want to present yourself as suspicious of his intent.  Once you form a impression of someone it you may be able to keep from reflecting it in your dialogue, but if often through in body language or tone.

If you should end up in court for an eviction, the judge will likely be very sympathetic toward a handicapped owner who suddenly lost the property and has now become a tenant.  You don't want this person to point to anything negative about your dealings with him when telling his story to the judge.

You are wise to consider options, but wait until some violation of the lease occurs before you worry about evicting.   This guy is disabled which often translates into a more difficult path through life.  I would ignore his negative attitude and go out of my way to be friendly and helpful toward him.   Perhaps through kindness you can chip away at his negativity and help replace it with a few happy moments.  And, karma just might reward you somewhere down the line.

good luck

I had a toilet supply line break on the third floor around 2:00 am.  About an hour later the tenant on the first floor called and said water was leaking through their ceiling (2nd floor tenants were not home).  It's amazing the water pressure running through those lines, so I understand how your water bill was so high.

Here's how to protect yourself.  In your lease have a section that states all maintenance issues must be reported to manager/landlord within 24 hours and repairs must be performed by manager/landlord approved vendors.  Tenant will be responsible for any damages if issues are not reported within 24 hours or repairs are not made by manager/landlord approved vendor.

Also, when conducting the move in walk thru with new tenants, I always show them how to turn water off under toilets, sinks and if it was for a house I would show them the main water shut off valve. 

Hope the water company will work with you.

I'm sure this would be beneficial to large companies.  However, we used to leave keys to vacant units in a knox box for vendors.  One of the plumber's employees took the keys, gave them to a friend who moved in the basics over the weekend and started to live there.  Once they are in, have to go to court to get them out.

So if using, @Mike Makkar has a good idea about the camera (although think you have to post a notice about the camera) and I would also have someone making the rounds every other day to check on the property.

As a property mgr, I prefer to interact with prospective tenants and lay some ground rules about living in the unit.  For instance (and this is for apartments not houses) I've had perspective tenants asking about loud music and parties to see if that would be an issue.  I would answer that might not be a good idea because tenants living above will call police.  That would often be enough to convince them to move on and I avoid potential problems.  So, I would hesitate to use rently, but can see it's advantages for larger property owners.