How to get rid of impossible tenant?

So, I have this nightmare tenant and I would loooove to get rid of her, but she pays on time, so I can’t evict her on that. She doesn’t want to leave, but she knows how to work the system.

Here’s some background: I had a previous property manager, who let her move in and now I’ve been told that she supposedly can’t read and she claims that I’m taking advantage of an elderly person, who can’t read and that I knew that she can’t read and therefore has no idea what the lease says. (I didn’t know that).

Several days before she was supposed to move in, the then property manager called and said that he does not know what to do with her. She was picking apart everything, wanted everything perfect. I then called her and told her that I will give her back her money , since she obviously doesn’t like the house. It’s an old house and things will not be perfect. Yes, the outside paint is old, but I won’t paint the house for her or put in new carpet and touch up every little thing. That she’s free to find another 3/2.5 house for $ 600 that is more to her liking. She then started crying and said that she loves the house and that she’s happy to take it as is. So, I let her move in beg. of Sept.

Since I’ve taken over managing long-distance, with the help of a friend locally, she is constantly threatening me. Her stove broke down on Christmas Eve and she called my appliance repair guy, who was at a party. She told him that she heard a sizzling in the wall right before, so he suggested to me to get an electrician out first, to make sure that everything was fine. I then told her that I couldn’t get a hold of my electrician on Christmas eve and that I wasn’t going to buy her a new stove right then. My appliance guy said that he had one, but he’d have to find someone to deliver that night, since he was at an event. She then pitched a fit and called me every name in the book. I hung up and she left some more nasty messages, calling me fucking slumlord and motherfucker, threatening me with every media station etc. Then she called me back a little while later all sweet, saying that she had the police and fire dept there, because I let her live in a house with unsafe wiring. Supposedly the fire dept came and checked the wiring and the outlet worked fine, but she wouldn’t let me talk to them. I told her that the appliance guy promised that he would come by on Christmas morning and check it out. The said ‘oh, well, I don’t really have to cook today. That’s fine’

That’s just one example. She loses control over and over again and then apologizes after, saying that she knows she has a problem. I suspect that she’s bi-polar without medication.

In January I sent her a certified letter, telling her that I won’t renew her lease end of August and that I’d gladly let her out of her lease end of January and give her her deposit back. She then called and apologized and begged me to please let her stay. A week or 2 later she lost it again and left me a message, threatening me with an attorney and that she wants several thousand $ to move out.

She has been attacking everyone that has tried to work with her, being all sweet and suddenly cussing them out if they say something that doesn’t agree with her. I literally can’t find anyone to have any interaction with her, fixing something, collecting rent etc.

She’s trying to blackmail me constantly. Wanting brand new carpet and trying to make me do every little thing that she had initially accepted. Today she claims that she’s been to a doctor because she supposedly can’t breathe and he supposedly told her that she has to have her landlord paint the house to keep any mildew at bay. It’s total b.s. and I’m not going to do it.

She’s told me several times (in her nicer phases) that she loves the house and that she knows that she’ll never find another house like this for $ 600.

I’ve now asked a friend of mine to tell her that she doesn’t need to pay April rent, if she moves out end of April and that she will get her deposit back when she’s moved out. But I suspect she won’t accept it, because she really likes the house and knows that she won’t find anything else that’s even comparable. It’s a 100 year old house and it will never be perfect. It’s a low income neighborhood and she wants me to turn it into a mansion.

But I’m afraid that it’s just a matter of time until she finds an attorney who’ll take a lawsuit against some mean landlord, who’s taking advantage of an elderly person that supposedly can’t read and is on disability.

There’s nothing in my lease that allows me to evict her based on disrespecting me or cussing me out. Are there any other laws that give me some leverage? I have kept recordings in which she threatens and cussed me etc.

Every Province in Canada and to my understanding every State has landlord/tenant regulations that govern the rights of our business. In Ontario Canada we could evict on the grounds that she is interfering with the reasonable enjoyment of the landlord. It isn’t easy but in your case you need to start studying the State regulations governing our business.

If you are not legally bound to extend her lease at end of term stop offering her money to leave and just wait it out. Ignore her whining and simply operate your business as you deem appropriate. It appears you are in conflict between business and personal. Step back and distance your self from the individual.

Greg,
thank you, I will look at Georgia landlord-tenant law again, but I don’t remember ever reading anything about those kinds of situation. I will check.

It’s difficult to ignore it, if there are constant threats about her meeting with her lawyer, her claiming to get sick from the house, her calling police, the media, housing inspector etc. She’s super sweet, if she wants something, and seems to know how to work the system. I’m sure that I’m not the first landlord she’s done this to

I have had tenants exactly like you describe (personality and actions), I have sociopaths and psychopaths, I have had tenants report me to the police claiming I assaulted them, I have received numerous letters from tenants lawyers and many more threats from tenants that they will be contacting their lawyers. Non of it amounts to a hill of beans as long as you are a responsible landlord but being responsible does not require jumping through a hoop every time a tenant complains.

The advantage I have being a long term experienced landlord is I know my rights and know exactly what my tenants rights are. I know what to respond to and ignore the 90% of tenants whining.

You have a sick individual that will never let up and you must deal with the nuisance without fear until you find a way to terminate her or more accurately her lease.
You might get lucky, two of my more irritating tenants died last year which obviously was a bonus for me. Lease terminated.

Just learn to relax and take the PITA in stride.

Well, she did accept my offer of not paying rent in April and getting her deposit back. I’ve also heard that she’s started asking around for any vacant homes in the neighborhood. So, I hope that else is out there for her and that the new landlord doesn’t call me, asking about her.

Thank you for sharing your “saga” Michaela. That gives me an idea what kind of problem I might expect as a landlord and therefore to work on conditions of lease agreement having your tenant in mind.

I feel your pain because I have former owner occupying the house that I bought at foreclosure auction. 2 months in a row and I am nowhere trying to get her out or at least to get her pay for rent. The law in FL condone holding over occupants in the house and leave buyer of the property in doom and gloom only for the matter he bought this property at auction. The occupant:

  Robbed the bank spending well over 100k for their own "quiet enjoyment";
  Concealing his/her name from new owner to avoid justice;
  Don't pay current owner a penny for having the house at own use by months;
  Not even once let the owner to get in the house at least for inspection;
  Wrecking the property in revenge knowing they will have to go eventually.
  Etc, etc, etc.

Here I am learning the ropes again. Just would like to tell, you have every reason to be intimidated by court system in matter of occupant/owner law. The lawyers are drooling with their pockets wide open just to hear your cry for help. I beg you be cautious by all means. From my experience to have her out of your property by mutual agreement would be your best bet even when you know that justice is not even near you in that case but all for actually criminal.

Don’t count on her actually leaving at the end of April. People like her rarely keep their word and usually survive by relying on lies and promises they never keep.
If by some miracle she does leave make sure you inspect the property before she vacates and do not give her the deposit back until all her belongings have been removed from your property and she hands you back the key.

I doubt you are done with her but maybe you will get lucky. Keep us update.

Be sure to get your new move-out agreement in writing.

A lot of great advice! I agree that she will probably not move out in April, then she will say you told her she didn’t have to pay rent and then she will be a month behind and still in the property.

Make sure you get EVERYTHING IN WRITING!!! Read the lease you gave her, give her notice (according to the terms of the lease) that you will not be renewing her lease. When the time frame is up - begin the eviction process according to the terms of the lease. In Texas, we give a 3 day notice to vacate and then go file the proper paperwork with the court to have them evicted. Usually takes 30 days to get them out. The paper trail is the key to a successful eviction.

Good Luck!!
Kathy

She looked for other houses to rent in the area and couldn’t find anything anywhere near as nice and came back begging. Before that, she went ahead and deposited the rent into my account and then called my friend (who’s helping me out in Atlanta, as in-official PM - but officially I’m PM) and said that she’s really sorry and she won’t do it again.

I know she’ll do it again eventually, but for now she’s quiet, and I just don’t have a legal way to get her out.

In writing! You did not mention that you took care about paperwork. Just for example from my last experience: it took me over 2 months (FL) to get rid of occupant in the property I own. $1300 in legal fees (I feel lucky, could be much more) $250 in taxes and $2000 in lost rent. Every step should be documented properly, otherwise you will run circles and pay for each one separately.

Lubasha - Congrats on getting possession of your property. I’m not sure why the legal fees were so high, but as soon as you learn the process and paperwork, most evictions are routine.

Michaela - Let us know how it goes!

–Natalie

Nightmare tenant…

I have heard many nightmare tenant stories… But my personal experience is the only ones I have been involved in or close to, were brought on by poor property management.

First and foremost, do a thorough application and checks, and get the right people the first time. This is 95% of mistakes. Second, you (or PM) should go over entire lease with every applicant before renting to them. I read it - they initial first three pages, and sign the last one. Third, you should know landlord/tenant law in your state - it is your business.

Before the lease ends, you should be able to refuse to extend the lease, and notify tenant that they need to leave when it ends. Second, your lease should allow you to evict for nonpayment of rent (3 days in FL), as well as any lease violation (7 days in FL). What lease violation is depends on what exactly is in your lease, but just based on what you said, my lease would let me evict for failure to ‘quiet enjoyment’, as well as ‘right to inspect at all reasonable times’, and maybe not allowing maintenance and repairs to be done. You could document in writing every person sent to the property that she ‘attacked’ to help your case (should the worst occur).

But, my approach would be to give her the least possible amount of money (when she is GONE) to get her out as quick as possible. Especially if you have assets and wealth, cut your losses before a possible law suit.

Then, don’t make the same mistake again. Learn the tricks of the trade, so you get tenants that make your life a joy rather than a nightmare. I have done rentals since 1998, currently 36 units, and I have had maybe 5 bad ones, none currently, and none as bad as you mention (maybe 2 close). If/when they start swearing at me, I notify them gently it is not acceptable, and if they want to converse, they need to do it respectfully. 99% respect that. The ones that don’t, are usually gone very soon. Evictions, done properly, and with full follow through, in FL are done in less than a month. Tenants paid to leave, I tend to get rid of in 1-2 weeks (and if applicable the eviction process is underway so they will be leaving one way or the other). If you get good people, and treat them with respect, they won’t ever threaten you, tear up your house, etc. Best tip, which might not have helped in this case - get in their house before they get in yours - whatever it looks like, in 1 year that is what yours will look like if you rent to them.

Also, from the information you shared, about state of repairs, and low rent, sounds risky. I make all of my homes in very good condition, safe, and you can probably recoup fix up with a little higher rent. If you ever end up in court, easy for a judge to label you a slum lord when you say, ‘It’s an old house and things will not be perfect. Yes, the outside paint is old, but I won’t paint the house for her or put in new carpet and touch up every little thing. That she’s free to find another 3/2.5 house for $600 that is more to her liking.’ I have had a few tenants call for free gov’t inspections, saying something is wrong with my houses, because they ‘know how to play the game’. The inspectors ‘laugh behind their backs’. Tell them they should be glad they have a landlord that keeps the place so nice, fixes things quickly, etc. I sleep good at night because I know I provide good, safe homes, good management, at reasonable prices.

Best wishes,
Chris in FL

Chris,
thank you for your detailed post and suggestions.

Let me clarify - all my properties are in a low income neighborhood and thus would be difficult to handle the same way as middle income.

The tenants that I deal with rarely have any savings. They live month to month and usually don’t have perfect credit. I have to be willing to give in some way. If I were to wait for someone that’s perfect, I’d never find tenants. It’s much easier to do that in better neighborhoods. People that don’t have a lot of money usually have some dings on their credit or may have been arrested in the past or are on social security for some reason.

I can’t put another 10K into the house and ask an extra $ 100-200 in rent. The market just isn’t there. If people could afford that they’d look in a higher end neighborhood.

It’s what’s from the outside may be looked at as a ‘war zone’ , but it really isn’t. I don’t regret investing there and if I had more cash I’d buy more right there. But it also means that I will have to deal with more difficult tenants at times. I tend to learn more from those situations than the ones that go smoothly all the times. So, in some way I’m glad that I’ve been having these difficult tenants :wink:

Problem tenants/lower end rentals…

Michaela,

To clarify as well, I have a few homes in nice areas, and a few middle, but most of my houses are in working class neighborhoods (i.e. - not war zones, but definitely poor). I am talking 900 SF houses I bought in the $20-30K range, that rent for $600-800/month. Even in these areas, there are more good people than bad… And providing clean, decent houses in good repair at fair prices can be very good business. You just have to screen a little better to get the right renters. Then, when you get them, take good care of them, so you keep them!

In my mind, houses in disrepair are a disaster waiting to happen - someone gets hurt, problem with house caused it, $5 million law suit, and just maybe a judge that grew up poor in a house that was in disrepair with a landlord that just didn’t give a crap. Uh oh! My houses are kept in good repair, and every renter signs a safety form and a waiver/indemnification… I take every measure to prevent law suits if at all possible. In fact, a common example of heading off issues: when renter is moving out, I give an itemized list of what is kept out of security deposit. If they argue, even if they are wrong, I will quickly negotiate a settlement, and have them sign off on it and get their refund - glad to pay them back more than they deserve because it is a small price to pay for them to leave on good terms, and especially compared to possibly having them file a claim/lawsuit against me. Cost of doing business. I am wealthy, and they are poor - should I really begrudge them an extra $100 or whatever?

Best wishes,
Chris in FL

Chris,
you’re right, houses should be kept in good repair. But with a 100 year old house there will always be something that a housing inspector might find a problem with, if they want to, because they simply didn’t have codes then and there are extra corners, stairs are narrower, walls aren’t straight, floors aren’t level. Maybe not all windows have screens. Sometimes there are windows that are painted shut and so on. And it simply doesn’t make sense to spend tons of money to over-improve a house over the rest of the neighborhood, when the values aren’t there and the rest of the houses aren’t.

Heck, how often have I potential tenants complain that I don’t have burglar bars on the windows and the houses right and left of me have them. Insurance company makes me take them down. Houses with burglar bars rent quicker. But if you had a housing inspector, I’m sure they’d get in trouble. I have wireless alarm systems on all my houses, that I pay for, but they’re not considered as good as burglar bars.