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We completely renovated one of our properties over the summer-- new floors (wood laminate, ceramic kitchen and bathroom tile), all new windows and doors, new cabinets, countertop, vent hood, all new interior and exterior paint, new sinks, new toilets, all new fixtures, new ac window units, new wall furnace.
We ultimately accepted the application of a woman and her fiance. They are both signed to the lease. We did a background check on both of them and the man had excellent credit and no evictions; the woman had pretty bad credit and an eviction. I made a rookie mistake (my father always handled the property management and he passed away last year) and rented to her and the fiance anyway. Her previous landlord told me she always paid on time and was a good tenant (it was not until she had already moved in and started causing chaos that I found out her landlord was actually her sister). The female tenant said she was having a problem finding housing that would accept her three dogs-- 2 small chihuahuas and an older labrador is what she told me. This property has a big backyard so I didn't have a problem with the dogs as she described them.
I wrote up a short month-to-month lease. Because I am frequently out of town, my mom (who is 80 years old and technically the owner) is the one who went to meet this woman and her fiancee on 10/1/2016, the day the lease began and the day they moved in. The woman crossed out the exception for THREE dogs on the lease and wrote "4". My mom didn't initial it, so I don't know how binding it is-- although I think it's beside the ultimate point.
My mother signed the lease and so did the woman and her fiance.
The complaints from the tenant started the very next day. She would text my mother (and me because I told her to cc me on all texts as I am the landlord's authorized agent) from 7am to 11pm about various complaints. She always smelled gas. The gas company went out there twice and found no gas. We responded to her complaints by sending our handyman and then our master licensed plumber to assess and repair, if necessary, the things she had complained about. One of the things was a leak in the faucet that goes to the washing machine. The licensed master plumber fixed this leak by installing a valve.
We acted promptly (i.e., within 1-2 days) and in good faith to all her requests. She is convinced that we need a new water heater, however, our licensed master plumber says the water heater is safe and providing water at 120 F or above. When we told her we would not be replacing the water heater she basically declared war. This is where things get really ugly. She called code compliance and when the inspector came out and didn't find anything wrong she called his supervisor and complained and then the supervisor came out the next week. Ta-da! suddenly that washer faucet leak was leaking again. Now we've received a code compliance violation letter for the leak. This past week we had our licensed master plumber go out and check that leak and he said it appeared that someone had taken the valve off and put it back on, incorrectly. After he re-installed the valve he looked for leaks that could be coming from anywhere in the house-- no leaks, water meter not moving. She called the city water company to come check-- they won't be going out until next week, though.
She also complained about a stress fracture in the wall, which was letting tiny little ants in (she had been given the information of a professional extermination company and told it was up to her to call them (at the owner's expense) on the day she moved in and then two weeks later via certified mail). She complained that there was a fly infestation on her window (this was 3 weeks after move-in, and 3 weeks after she had been told it was her responsibility to contact pest extermination should she need them). At the beginning of her tenancy, we had the professional extermination company come and inspect the property for any infestations or pests -- we have a very detailed report on what they found-- no 'ants' and no flies, specifically. But code compliance sent us a violation for this infestation AND the crack, which is about 4" long.
Also on this second visit, code compliance also cited us for the direction in which the wall furnace vents. So we contracted with an HVAC company to basically reinstall the entire thing. On the day they showed up to do repairs (she had been given the time that they would be there), she refused to let them enter until they posted the permit on her door. They called me to let me know what was going on so I texted her that she needed let them in to do the work that she had requested and that code compliance said that we had to fix within 10 days (note: it is a very warm climate so she does not actually need a heater right now). So we had to wait for code compliance to call her and tell her to let them in. Since we are paying them by the hour, that was an hour of labor we had to pay for because she wouldn't let them in. (Also, as soon as I texted her she immediately texted my mom that she was going to file harassment charges against me.)
(Off the record the code compliance officer has shared with me that his whole department thinks she is crazy and that she used to do this constantly at her previous residence.)
The HVAC team needed to finish their work on the furnace on Friday but she said they could not come because her fiance was coming into town (he is a truck driver) and she would be busy with him. We even decided to just replace the water heater to placate her even though it is working fine (though it is nearing the end of its life-cycle) and she told the plumber that he could not come Friday or Saturday to replace it. These are all repairs that she has requested, and some of which have a strict deadline in which to be completed. She is denying our contractors entry or availability to do the repairs. Our contractors have already said they do not want to do any more work at this house with this woman there after they finish these jobs. Our handyman is scared to go there unless another contractor will also be present. These are people who have been in the business for 30+ years. She threatened to call the state licensing board on our master licensed plumber and she constantly threatens the contractors while they are working-- saying they better do it right because she is going to call the state licensing board and code compliance. Every contractor who goes in there, whether it is for an estimate or to make a repair, says she is a nightmare. Every. Single. One.
Basically, with her attitude and constant complaints and escalation of complaints, and essentially harassment, she is adversely affecting the health of both my mother and me. I have been 100% business in all my interactions with her, which have all been captured via text since she moved in. However, about a week ago she began refusing to text me and would only text my 80-year old mother. We have written to her several times, including via certified return receipt mail, that I am the landlord's authorized agent. She texts my mom that I am harassing her and that she is filing a harassment report against me. My mom does not respond to her texts at all. She just reads them to me and then I send a text responding (usually about what time a contractor will be there).
At one point she texted my mom and said her attorney had advised her that, legally, she only had to speak with the landlord-- I texted her and told her that if she was legally represented in this matter that we could not communicate directly with her-- only with her attorney. Then she texted my mom and said that, actually, it was just advice from the law firm where she works (she says she is a paralegal but I have my doubts given her limited grammar and the fact that she seems to have an awful lot of free time to devote to texting my mother and filing code complaints; I think she may just be some kind of clerk).
Since it is a month-to-month lease we would like to give her and her fiance a 30 day notice to leave, but we are concerned that she will file a lawsuit alleging retaliation because she contacted code compliance. But, in fact, it has nothing to do with her contacting code compliance. If there is something wrong at our property we want to promptly fix it, whether she found it or code compliance found it. We want to keep our property in good condition. It's because she deluges us with baseless complaints. She never stops. She's only been in the property for a month and we are at are wit's end. This has never happened before. Though my father managed the properties, my mom was peripherally aware of what was going on and she knows that we have never had a tenant like this in any of our properties.
Another crazy thing: The lease states that the rent is to be paid via mail to the landlord's address. She called my mother at the beginning of this month and said she was scared it would get lost in the mail and could she come in person. My mom told her yes. My mother's home is on the complete opposite side of town. Luckily, I happened to call my mom soon after this and immediately said NOOOOOOO and texted the tenant that she was not allowed to go to landlord's property and that she must follow the directions for rent payment that are stated in the lease. I told her that if she was scared it would get lost, she could send it certified mail. So she texted my mom that she would send it certified mail (since she refuses to text me).
She also has a Facebook account that she has set on public so that anyone can view it. She writes comments that are really hostile toward us on there. We have done nothing but act in good faith and we have gone above and beyond what is required by code compliance to try to placate her but it's not enough.
We finally ended up hiring a lawyer who sent her a letter saying that all communication was to go through him and that communication with me or my mother was unwanted and could be construed as harassment. We hope she will stop contacting us. It was really affecting my health and I am a young, healthy person. I am so afraid for my mom's health since she is older. She is on medication for high blood pressure and this woman has given her so much anxiety. We would also like to appear as hands-off and impersonal in this matter as possible because I have no idea what she is capable of. I just want to protect my mother. We are actually scared (physically) of our tenant(s). The fiance seems to be hands off but he has signed the certified letters she has sent us. This is an untenable situation.
We are fairly certain she will holdover beyond the termination day notice because of her history of eviction and probably her inability to find housing with FOUR dogs. We feel like a lawsuit is inevitable with this tenant because of her past history and because she seems to think she knows the law, she would probably file pro-se. So I think we are going to give her notice soon to vacate by Dec 31. This is a nightmare.
If I were a psychiatrist, I would diagnose her with borderline personality disorder. Oh, and she also has a 15 year old son. You'd think she'd be grateful to have found housing only a few blocks from where she previously was so her son could stay in the same school, in a nice house, with owners who are responsive and good landlords. But she almost immediately created an adversarial relationship. I think she is some type of scammer and saw my 80 year old mom as an easy target.
If they are on a month to month lease, give them a 30 day notice and be done with them. Next time, make sure everyone that applies passes your rental criteria...credit/background and income.
TLDR. The change in pets is non binding without being initialed by all parties. I would issue a cure or quit and evict when they don't cure. I would also issue the proper notice of non-renewal. If they refuse to vacate then evict. You never take someone with an eviction, sorry to anyone this offends but tough.
Wow, it's like a bad movie. Have you considered hiring a magement copy? The ones we've encountered charge 10% of the rent. It sounds like that might not be a bad idea for you and your mom, at least at this juncture. Give the 30 day notice, this is only going to get worse, might as well go ahead take the pain.
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We would love to give them the 30 day notice. But because she filed a code complaint any adverse action within 6 months of the complaint is considered retaliation. We also know that even if we do give her notice she is going to holdover because she has a prior eviction. She knows how this works and is going to use it to her advantage.
We would love to give them the 30 day notice. But because she filed a code complaint any adverse action within 6 months of the complaint is considered retaliation. We also know that even if we do give her notice she is going to holdover because she has a prior eviction. She knows how this works and is going to use it to her advantage.
Location is Texas.
You are in Texas and have proof of her constant harassment of you and your contractors. Fight it if she tries to claim retaliation it's not that hard. Grow a pair.
Moderator - Diabetes and Kentucky (including Lexington & Louisville)
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