All Forum Posts by: Jennifer T.

Your post gave me a walk down memory lane.  I was considering purchasing a duplex from a wholesaler and there was a trampoline in the unfenced front yard.  For the first showing, I watched while random kids from neighboring houses just sauntered over and played on it.  Talk about a liability nightmare!  I told the wholesaler in no uncertain terms that the trampoline would need to be a gone-pecan before closing.  I would not own that property for even one minute with a trampoline on it.  Verbally agreed to it, though I would have gotten it in writing if it had come to that.

But, after the inspection, I was no longer interested in the property anyway.

That is a weird twist on your situation that the trampoline isn't even on your property.  It's easier if it belongs to your tenants but, if it doesn't, yikes!  Maybe contact whomever owns the lot, explain the liability nightmare they have going on, and get permission from them to remove it.

Totally agree!  They are not good tenants...I more meant they are good tenants, other than this.  But the "this" is certainly major enough that it cannot be tolerated any further, without an immediate change.  Which, I know, is super unlikely.

Some of it is just the frustration of why does it even have to come to this!  It's not that hard to be a good and considerate neighbor.  The majority of people are.  And that, even in the face of the threat of having to vacate, they're still just blaring their music at full volume with the front door wide open.  I don't understand it.  But I guess it's not the first time and certainly won't be the last time a tenant has surprised me with behavior that makes no sense.

It's also a good lesson that background checks aren't always the "be all and end all".  The main tenant lived at her last residence for over 10 years out-of-state (I did meet her in person, multiple times), though not with the same family group.  She was already in the process of moving out, so her landlord had no reason to lie.  He gushed about her and what a great tenant she was.
 

I do! In fact, I used some of the same verbiage in my 5 Day Cure or Quit notice.

Her daughter, who is young (18) but still an adult, speaks English fluently. I suspect it's the daughter and her buddies who are the main culprits. The main tenant's brother speaks English fluently also, I've talked to him a few times. I sent her a last ditch e-mail today. In English. Plus the Google Translation.  Basically that not much has changed and, while I'm open to listening to how she can get this resolved, it needs to happen now or I am not being left with any other choice but to serve them with a Notice to Vacate.  

Hey All--

Thanks in advance for the help, sorry I'm longwinded!  I have a duplex where one side is larger (4 bed/2ba) than the other (2 bed/1ba).

I had some fairly new tenants move into the larger unit in Sept. last year (2019) and some new tenants just moved into the smaller side a couple weeks ago.  Both are on year-long leases.

The "larger" family wasn't causing problems when they first moved in.  But around Oct., the previous tenant in the smaller unit started complaining about noise and too much in/out traffic.  She was a pot-stirrer who always had trouble paying her rent anyway...in fact, I evicted her in Dec...so I didn't necessarily pay her a lot of mind with the complaints, but did text the main tenant for the large family a couple times to please be mindful of neighbors.

However, when we were doing showings, I noticed they did have loud music blaring a lot.  We repeatedly had to keep knocking on the door and remind them to keep it down.  That their noise should not be extending past their walls. Part of the problem seemed to be there were too many people there all the time.  Though it's hard to prove there are people living there that aren't on the lease.  I let the main tenant know when the new tenants would be moving in and, especially now that there would neighbors, they had to get their noise back under control.

The new tenants started complaining about the noise and traffic.  At this point, I'd already given multiple verbal/text warnings.  I sent her another one.  Summarizing what the previous tenant said, what I'd witnessed, and what the new tenants were complaining about.  I also gave her a heads up that I would be posting a 5-Day Cure or Quit (and I did).  About both the noise and that only (named) tenants could be living there.

The noise got better.  But it's still a problem too often and the constant back/forth traffic did not abate.

It's frustrating for me, because they are good tenants otherwise.  And it seems like such an EASY thing for them to fix.  Except they aren't.  There is a language barrier that I largely combat with Google Translator.  But I also think the main tenant's reading comprehension is lacking, on top of that.  Only because I know there have been some things I've said very clearly in her language, that she still didn't seem to understand.  But it does make it harder because I can't just call her on the phone and have a conversation.

Does anyone have any other suggestions on what I can say/point out/anything/something that worked for you to get them to just be good neighbors?  I think some of it is a perspective issue also.  It's like they don't even recognize what is/isn't appropriate noise levels.  It is bad.  Neither my previous or new tenant are being too sensitive.  I'm pretty much now at the point where, as much as I hate to, I'm ready to post a Notice to Vacate, due to lease violations that have not been complied with.  I realize, technically, I could go straight to eviction court because it hasn't been "cured".  But I'd rather give them a 30-Day Notice to Vacate to hopefully have things go more smoothly and give them some time to move. 

I did suggest to the previous and current tenant that they call the police for a noise complaint.  Maybe the family would listen to the police, since they aren't listening to me or their neighbors.  But neither one wanted to do that.

I very purposely do not use the term "grace period", though I do have that concept in my leases.

If rent is due on the 1st, it's late on the 2nd.  I charge a late fee when rent is more than three calendar days late.

Here is why I no longer call it a grace period.  Because some tenants hear grace period and, in their mind, the end of the grace period becomes the due date.  Then they would complain to me how it was "unfair" I charged a late fee because the 3rd fell on a Sunday, so they couldn't go to their bank (or deposit at my bank).  Yes, banks aren't open 24/7.  That's why I already give three days.  Or, "But it's only one day (or two days) late."  Noooooo.  It isn't 1-2 days late.  It's 4-5 days late.

But ever since I stopped calling it a grace period, I have never heard another complaint like that.  I still get excuses sometimes, lol.  It's just not those anymore.

From looking at your picture, I'm guessing that I am a lot older than you.  There might still be hope for you, if you listen to my wisdom gained from experience.

This may not be what tv and movies like to portray.  But you will get FAR more ahead in life by having a good character and living responsibly.  Which includes not being a POS who has no intention of living up to the contracts/agreements he signs.  Karma IS real!  Some of the most pathetic and miserable people I've met in my lifetime are the ones who are constantly trying to con, avoid their responsibilities, and take advantage of others as much as they can.  That is no way to live and most of it catches up to them.  Making their life that much harder.

So, if you want to rent a house with the intent of AirBnb'ing some of the rooms, just be upfront about it.  I wouldn't be surprised if you find landlords/PMs who are fine with that.  I suggest you include an enticement.  Like a higher security deposit and/or a cut of the net profits.  That's the way to do it!  Make it a win-win for them also.  Then you don't need to worry about them finding out and evicting you in a hot second.

We inherited a tenant on my first non-owner occupied duplex (needed a lot of rehab).  Not exactly a tenant.  He was the prior owner's brother who had been living in for free in one of the units.  This house is in a landlord-friendly state and it was an exceedingly good deal, so I didn't require him to be out by closing.  He moves out and we change the locks, but he leaves his couch.  He begs us to let him keep it there while he tries to sell it.  We tell him he has one week to sell it and that someone will usually be there working, during the day, Mon.-Fri.

So then I get a frantic call from him at around 5:15 pm a few days after he moved out.  He has people coming over to see the couch.  He needs me to get over there and unlock the door for him.  I tell him that, while I'm not happy about the short notice and now I have to make a special trip, I will be there in about one hour.  He responds with, "No, no!  I need you to come now.  They may not wait that long!"  Me:  "Well, that's too bad.  I don't live or work near that house.  It's rush hour.  I'm Downtown.  I'm finishing up some work and will be leaving in 15-20 minutes.  And then it will take me 30-40 to get to that house.  I don't know why you made an appointment without checking my availability."

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Ironically, that same unit.  My first set of actual tenants there.  ALWAYS late with rent, but hung in there for about 15 months.  Until they couldn't.  Couldn't pay, but wouldn't leave.  Eviction filed, court scheduled for a Monday.  He doesn't want an eviction on his record.  We tell him that, if he's moved out by the Fri. before so we have time to pick up his key and see the unit has been vacated, we'll drop the eviction because there would be no reason to keep it if he has turned over possession.  He says he'll do that.  Then he actually has the audacity to ask about his security deposit?!?!  Dude, I don't know if that is your usual 1-2 cases of beer talking, but please come back to the reality that the rest of us live in.

No one can fully answer your question without knowing the city or county/state the rental house is located in.  Landlord/tenant laws vary WIDELY across the country.

First off, a couple terminology things.  It doesn't sound like the landlord is evicting you, they are terminating your lease, ie gave you a notice to vacate.  An eviction is a much uglier thing.  An eviction is after a landlord/PM has filed for an eviction hearing.  Won the case.  And now that eviction is court-ordered.  It happens when someone hasn't paid their rent, but also refuses to leave.  Hasn't complied with a lease provision (after being given notice to comply).  Oooorrrr...been given a Notice To Vacate that they have not complied with ;).  I evicted a tenant last year for this very reason.  But it's important to understand those differences because, as you are filling out rental applications, a typical question is "Have you been evicted?".  Assuming there hasn't been a court date, you can truthfully say/mark, "No."

 Also, did you pay last month's rent AND a security deposit?  Or just a security deposit that is equal to last month's rent (from your original rent amount)?  If it's the latter, that is not last month's rent.  That's the security deposit that does not potentially get returned to you, until after you have moved out.  For the purposes of the rest of this discussion, I'll assume you did pay a true last month's rent.

I'm not sure if you would need to make up the difference, if it is not discussed in the lease.  That's a good question for your landlord.  Except it sounds like you are trying to "trick" him into getting 30 more days...ooohh, hopefully 60 more days...by not reminding him about that last month's rent was already paid.  So, the very person who could answer that question for you, you don't want to ask.  Seriously?  I hope I am misunderstanding your intent.

Look, your landlord wants you to leave.  I know finding another place and moving is a pain, but find a new place already.  I can't speak on the legal aspect but, morally, they have already been fair to you on the notice so stop looking for loopholes to be a jerk.  It's their property!  Of course, they should be able to do what they want with it (as long as they abide by landlord/tenant law).  They have already given you a 60-Day Notice to Vacate.  Which, quite frankly, is a generous amount of time.  Some areas require 60 days.  But most areas, including where I live, it's only a 30-Day Notice.  It might only be 30 days where you are too, but your landlord was nice enough to give you extra time because you are a long-term tenant.

I can't speak for NC law.  But I had something almost identical happen.  I bought two duplexes (deplorable condition) from the same seller.  I had inherited tenants in 3 units.  Gave everyone a notice to vacate by the end of the next month.  Rent was due for two of the units about one week after I closed.  Neither one paid.  So then I posted a 5-Day Notice to Pay or Quit.

A few days after the Pay or Quit, I received a phone call from one of the tenants.  She said the ceiling had caved in for one of the bedrooms.  I didn't even ask her about the rent, nor did she mention it.  I take care of necessary problems, at any point in the eviction process.  If anything, I think that just makes me look better for the eviction judge.  I then spent many minutes of my life I won't get back trying to schedule a time when my husband could come see it.  Or a few day/times they were available so we could schedule something with our drywall guy.  I'd also told her they didn't need to be home, but she wanted one of them there.  In the end, she said she would call me around 6pm that night after she spoke to her b/f about his schedule.  She never called me again (shrug).

She also made a point in our conversation...talking about the scheduling...to mention that her b/f was at the doctor because some of the ceiling had fallen on him and now his back was hurting (boldfaced lie).  I only replied back that I hoped he was feeling better and, yeah, definitely call me back later when you know his schedule so we can get someone out there to take a look.  My husband (who was doing work on one of the other units) even ran into the b/f a few days later.  He asked if he could see the ceiling, but the b/f was running out and didn't have time to show it.  But he did tell my husband what had happened.  Either he was not willing to be a liar or they had not gotten their stories straight, but he said they found the ceiling like that when they had returned home the previous night. 

Just funny she was so frantic about this ceiling and "we needed to fix it right away".  When, really, I think she was trying to so amateurishly play this up, so we wouldn't follow through with or would delay the court filing.  I would have been happy to fix the ceiling promptly if she'd gotten back in touch with me their schedules, but I personally didn't care when it got fixed.  Easier for me to wait until they were gone and take care of it while we were doing all the other work for the unit anyway.  I did, however, send myself an e-mail that outlined the call, what was discussed, and that she had not gotten back in touch with me.  I sent a second e-mail to myself about one week later that she still had not gotten back in touch with me.

I apply that rule to S8 potential tenants, but only for what their portion of the rent will be.  You won't know what their portion of the rent will be until almost the end of the process.  But you can take a good, educated guess.  I actually start by just asking the tenant, while I'm looking at their voucher.  Like, "What is the current rent where you are and what is your portion?"

However, the tenant does need to pay the full security deposit before move-in.  The security deposit I charge is the typical one month's rent.  S8 does not pay for security deposits, though other charitable organizations might.  But all of that is for the tenant to figure out.

I believe S8 will give more in rent if some/all utilities are included.  But, yes, you can still require a S8 tenant to have the utilities put in their name and for them to be responsible for it.  I personally wouldn't do it any other way.  But then, all my rentals have separate meters for each address anyway.