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Old 06-11-2011, 06:13 PM
 
172 posts, read 394,301 times
Reputation: 118

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Hi I am a landlord who has recently decided to manage my own property. Over the past six years, I have had a wonderful tenant who has always paid his rent on time. As a result, I have only raised his rent once. During the past six years, I employed a property management company to take care of things for me due to the fact that I either lived overseas or in another state.

I am now living in Northern California and the property (condo) is in Southern California. I have spoken to the tenant and informed him both verbally and in writing that I will be managing the property myself. He was both very pleasant and agreeable. I also sent him a lease agreement to fill out and return to me.

Over the past week, I have sent text messages to the tenant, left messages on his answering machine, and sent emails. My correspondence in each case has been both professional and pleasant. He responds sporadically, if at all, and texts replies in brief sentences. I don't understand why he is behaving this way. He also seems to be reluctant to sign the new rental agreement (he has until July 1st). It's as though he's afraid of something, which I also don't understand because there's nothing written in the agreement that is underhanded. I have repeatedly left messages asking him to return my calls, and I have sent text messages letting him know that I would like to speak with him. I really feel that he is deliberately screening and ignoring my calls.

Any suggestions, recommendations, and advice on how to handle this situation would be greatly appreciated.

Looking forward to your replies!

P.S. he has been, and continues to pay his rent on time.
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Old 06-11-2011, 06:33 PM
 
979 posts, read 4,455,408 times
Reputation: 519
I presume you're only calling him in order to find out his intentions.
Sounds like he's looking for something else. If he has until July 1st then he'll continue to avoid your calls until he makes up his mind. This is certainly understandable regardless of anything underhanded or not.
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Old 06-11-2011, 06:42 PM
 
172 posts, read 394,301 times
Reputation: 118
Quote:
I presume you're only calling him in order to find out his intentions.
Nope. I want to talk to him about other issues related to the property. Such as who he can contact if repairs need to be done in the unit. And the fact that the property management company will not release his $1,300.00 security deposit to me until he signs the release form that they mailed to him.



Thanks for your reply!
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Old 06-11-2011, 06:56 PM
 
Location: The Triad
34,088 posts, read 82,920,234 times
Reputation: 43660
Quote:
Originally Posted by Nicegurl View Post
Nope. I want to talk to him about other issues related to the property. Such as who he can contact if repairs need to be done in the unit. And the fact that the property management company will not release his $1,300.00 security deposit to me until he signs the release form that they mailed to him.
put it all in writing.
more than one matter should not be done verbally
(or at least without BOTH parties having a common list and language to talk over)

email if you can; snail mail if you must.
Oh, and expect to make an unplanned trip down there very soon.
(that means YOU plan it)

after six years it's probably time for him to move on even without the PM change up.
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Old 06-11-2011, 06:57 PM
 
4,502 posts, read 13,466,626 times
Reputation: 4098
Quote:
Originally Posted by Nicegurl View Post
Nope. I want to talk to him about other issues related to the property. Such as who he can contact if repairs need to be done in the unit. And the fact that the property management company will not release his $1,300.00 security deposit to me until he signs the release form that they mailed to him.



Thanks for your reply!

So, why not put that to him in writing in a letter (not a text) and mail it to him certified/return receipt? Tell him in the letter this is all you wanted to discuss with him and you don't understand why he hasn't been returning your calls? Or, you can leave him a detailed message on his voicemail saying you need to let him know who to contact, etc and would he please get back to you?

He might be concerned that the "release" form is something stating he has to move or something. Maybe he doesn't understand it? Also, you mention 2 forms: a rental agreement and a release? Is he not signing both? Did you send one and the management company the other?
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Old 06-11-2011, 07:01 PM
 
Location: NJ
17,573 posts, read 46,126,539 times
Reputation: 16273
Yep. Certified letter. And if you aren't willing to let it go to a month to month, put in the letter you will be giving him notice as soon as possible that you will not be renewing.
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Old 06-11-2011, 09:13 PM
 
172 posts, read 394,301 times
Reputation: 118
Thanks for all of your replies. Yes, I have been putting everything in writing and will continue to do so. The tenant, who has been living in my condo for the past six years, does not want to sign a new rental agreement. The property management company had him sign a one year lease the first year that he moved in. The remaining five years after that, the management company did not have him sign a lease (living overseas, I did not find this out until recently). He does not want to sign a 12 month lease, so I have changed the lease to a month-to-month rental agreement as I feel that it is important to have a legal document that protects both the landlord and the tenant.

Another friend, who rents out her unit in the same condo complex, says that she does not have a rental agreement for her tenants, and that I should leave this man alone because he has been a good tenant for the past six years.

I still don't feel comfortable without having a rental agreement signed from him.

@ Omigod: the security deposit is being held by the property management company. They will not release it to me until the tenant signs a release form telling them that it's okay to send the $1,300.00 to me.

What would you do if you were in my shoes??
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Old 06-11-2011, 09:27 PM
 
Location: Southern California
3,113 posts, read 8,376,539 times
Reputation: 3721
Quote:
Originally Posted by Nicegurl View Post
Over the past week, I have sent text messages to the tenant, left messages on his answering machine, and sent emails.
Quote:
Originally Posted by Nicegurl View Post
P.S. he has been, and continues to pay his rent on time.
Quote:
Originally Posted by Nicegurl View Post
What would you do if you were in my shoes??
If you've given him until July 1st to sign the new month to month agreement, I would leave him alone at this point, and wait to see what happens on the first. Calling, texts, and emails? He may be totally overwhelmed at this point!
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Old 06-11-2011, 10:19 PM
 
Location: NJ
17,573 posts, read 46,126,539 times
Reputation: 16273
Well, with knowing he hasn't had a new lease in 5 years makes me want to change my answer. I would probably leave it. The first sign of trouble though (late rent payment) I would take action.
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Old 06-11-2011, 10:46 PM
 
Location: southwest TN
8,568 posts, read 18,100,599 times
Reputation: 16702
This is only June 9th. You said you have called, texted, and emailed him. Sounds like you're harassing him. Send him a letter, give him a time frame to contact you. It's possible he is on vacation or otherwise unavailable.

I agree with your friend, stop hounding him to sign a lease/agreement. He's been on month-to-month for 5 years and pays his rent on time with no hassle. What more do you want? Send him the info on who to call for service calls/repairs and where to send the monthly rent. Remind him about the security deposit in the letter. And just let him be. Sounds like you've got a great situation but you could easily have him running for the hills and then you'll be looking for a new tenant.
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