A duplex was purchased 2 years ago. One of the units had a family in it for nearly 20 years. Recently a new handyman was contacted to do work at the location. This handyman has been used many times before and it's known he is reasonable and just wants to work. While he was there he notified us that he would not be doing any more work at that location because the woman who lives there is so horrible. She did not want to cooperate with any access for repairs.

She would not answer the door even though it was known there were people inside. There was a manager there who ask the handyman if he could finish the job along side with help to deal with the woman. He agreed but said she is horrible. So while the manager started to assist with the repair oh, the resident started to talk with other guests several feet away about what was going on. The conversation was said so that it could be overheard by the manager of her unhappiness. The manager decided to address her rather than stand in the room and continue to be talked about and simply apologize for any inconvenience and said they were looking to get the update repaired as soon as possible. The woman who lives there intern decided to say she wasn't notified in advance. Notifications are via text or email and she had responded in the past via a text number. She had even responded within the last 48 hours.

She in fact was notified in advance and just chose to ignore the text. She also does not confirm availability when she's asked to be available by text. Among other things, she declared she would open the door if she was home and if she's not home oh well when it came to repairs. She was not going to respond via text to coordinate adequate times for access. When a key was asked for the front door she said she doesn't have one. And she said come springtime she's going to demand new flooring on a couple different rooms because it's old and outdated. She was upset that a lot of updates were done to the other units and nobody stays in them but not as many updates done to hers. She is currently in a lease that extends over 2 years... That was taking a cue from a well-known different landlord course.

Absolutely. Notice to cure. When there's a violation of the lease you must give the tenant a chance to cure that situation. Your case is not allowing maintenance.

So your notice will be "you are hereby notified you will have 5 days to comply with access for our maintenance man to perform work".

5 days in which to affirm you will not, in anyway, hinder his repair. (that includes harassing comments)

Mary I think you meant evict this person?

The notice should be that the resident has 5 days to agree upon a time the workers will be able to access the residence. If the resident doesn't respond within 5 days, and refuses to agree upon a time, then you begin legal proceedings. You aren't having anyone go by there every day for 5 days. You state that the workers will be there on X date at Y time (7 days or so from date of notice). If that is not acceptable, please respond with a date and time that will work. You most provide this response within 5 days, and the date/time must be within the next 10 days.

If she doesn't have a key to the front door, time to have new locks installed. Make the front and back/side door match, and put a newly keyed lock on them all. Make them match your master key system. No excuse now.

I appreciate the direction given here. The other problem that I'm not sure how to deal with is really just the entire personality. And other residents living there was evicted for not paying everything do as agreed to in the lease. This residence of almost 20 years decided to show up at the court eviction as a witness for the other unit. Multiple times there have been conversations stated to a manager along the lines of 'don't lie to my face'

This person needs to go. Has not been paying enough throughout the time they've lived there oh, and needs to see places cost more elsewhere. Is there any other specific steps that you would take at this time too quickly evict the person?

How about simply offering her a happy clause.

Dear Resident, we understand that you are unhappy in your home. While the lease provides for a $$$$ early lease termination fee, we are willing to waive that fee and allow you to cancel the remainder of your lease with no additional fee. If you wish to take advantage of this offer, please respond in writing no later than 12/11/2017 at 5pm that you desire to be released from the remainder of your lease and that you will have all of your belongings removed from the home by the end of the day on (Insert date here).

I'd say either the end of the day on January 1, 2018 since that gives her a long weekend to finish moving, or even the end of the day on January 3. That would give you time to then get any repairs and updates made to start showing again the last week of January.

Why the last week of January? Because then you can have an advertisment that says "Enjoy Superbowl 2018 in your new home!"

You can change out the flooring, paint it, make any other improvements/repairs in the couple of weeks. You can even say that you'd normally require her to be out by the end of the day on Dec 31, but because of her long history in the apartment, you allow her to overlap her new place by a couple of days, giving her until the end of the day or Jan 1 (or whenever).

Decide what you want. Do you want her out or what?

If you want her out, then on Feb, make sure she gets a notice of non-renewal.

I feel this goes against compassion. But I really do want the person gone. She has a very toxic personality

If you want them gone, then simply send a letter of non-renewal. I'd send it right after January 1, unless local law requires it earlier. I'd send a piece of US Mail, with delivery confirmation service. That will cover that you had a letter delivered.

Once you know they received it, send it via email and/or text as well. Make sure to specify your expectations as well. That you expect the home to be cleaned completely when they depart.

Mary,

Remember that compassion for the tenant is not more (or as) important as compassion for yourself!

In addition to good things already said by others: If you don't already have it in your rental agreement, add something requiring compliance as well as consequences for not cooperating.

Example from part of my "Maintenance/Repairs" clause: If Roomer denies access to Landlord or Landlord's agent for a scheduled inspection, maintenance or repair, tenant will be charged a fee of $40 or the cost of the service call, whichever is greater and will be in violation of this Agreement.

It sounds like you need to get to where your desire for retrospect for you (& your property) is stronger than your fear of confrontation. Be strong, knowing you are right!

you want her gone. don't play games by increasing the rent to an amount you guess they won't pay. give them notice to move.

Mary,

Uncooperative tenants are the worst. I screen for cooperation. Compassion is fine, but as DJ said you must start with compassion for yourself, and how about your poor handyman? A good handyman is hard to find. Tenants are a dime a dozen.

Also, I think your lease needs improvement. Notice for repairs is GIVEN, not "worked out." Yes, as a practical matter I often give out the tenant's number to my handyman so he can call and coordinate a time, but once that time is acknowledged it is FIRM. In my lease the tenant and I agree agree there is a $45 service call fee charged to the tenant for ANY missed appointment or failure to allow access, or the cost of a professional's service call, whichever is greater. If they reschedule at least an hour in advance, we will allow that ONE TIME...after that, it counts as a missed appointment. Handyman shows me his call log on his phone for when he called to make the appointment. Boom! Fee is due.

Non-payment of fee is grounds for eviction. Apply any rent money received to fees and charges first and rent last. Now she's short on rent. Bye-bye, Ms. Uncooperative Tenant.

In any case, I'd follow the advice of others and non-renew her today. But going forward, you send 24-hours notice (or whatever your state requires)...and when you show up...she allows access. If she fails to for any reason at all, document and proceed with Cure or Quit...then file eviction if she fails to cure.

Keep'em on a Short Leash.

Head'em up,

Move'em on,

Cut'em out,

Thank you all for advice

Getting rid of this person or just the knowledge it will happen fairly soon is a weight lifted.

I would give her written notice right now that her lease will not be renewed and that if she finds a place to move to before then, that you will let her out of the remainder of the lease.