Uncooperative resident (by Mary [PA]) Dec 7, 2017 10:44 AM|
Uncooperative resident (by myob [GA]) Dec 7, 2017 11:09 AM
Uncooperative resident (by Mary [PA]) Dec 7, 2017 11:17 AM
Uncooperative resident (by myob [GA]) Dec 7, 2017 11:47 AM
Uncooperative resident (by Barb [MO]) Dec 7, 2017 11:53 AM
Uncooperative resident (by Mary [PA]) Dec 7, 2017 12:29 PM
Uncooperative resident (by Barb [MO]) Dec 7, 2017 3:06 PM
Uncooperative resident (by Mary [PA]) Dec 7, 2017 3:34 PM
Uncooperative resident (by moby [IN]) Dec 7, 2017 4:54 PM
Uncooperative resident (by Mary [PA]) Dec 7, 2017 5:03 PM
Uncooperative resident (by Barb [MO]) Dec 7, 2017 5:19 PM
Uncooperative resident (by Nicole [PA]) Dec 7, 2017 5:21 PM
Uncooperative resident (by Ed [PA]) Dec 7, 2017 6:37 PM
Uncooperative resident (by Vee [OH]) Dec 7, 2017 6:48 PM
Uncooperative resident (by Mary [PA]) Dec 7, 2017 7:06 PM
Uncooperative resident (by Barb [MO]) Dec 7, 2017 8:22 PM
Uncooperative resident (by DJ [VA]) Dec 7, 2017 9:01 PM
Uncooperative resident (by Nicole [PA]) Dec 7, 2017 9:18 PM
Uncooperative resident (by S i d [MO]) Dec 8, 2017 6:26 AM
Uncooperative resident (by RB [MI]) Dec 8, 2017 6:54 AM
Uncooperative resident (by Maty [PA]) Dec 8, 2017 7:14 AM
Uncooperative resident (by Oregon Woodsmoke [ID]) Dec 8, 2017 8:23 AM
Uncooperative resident (by Mary [PA]) Dec 8, 2017 9:33 AM
Uncooperative resident (by Lana [IN]) Dec 8, 2017 9:38 AM
Uncooperative resident (by Ed [PA]) Dec 8, 2017 5:00 PM
Uncooperative resident (by Ray-N-Pa [PA]) Dec 10, 2017 6:25 PM
Uncooperative resident (by Mary [PA]) Posted on: Dec 7, 2017 10:44 AM
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.
The lease allows either party to end the agreement early with two months payment. She is so much of a headache that would be fine. My question is when she flat out says she will not cooperate with any advance scheduling of repairs and causes a situation where handyman no longer want to work there is there any other areas that you would cite from your own lease that would be cause for this relationship to end sooner? --74.141.xx.xx
Uncooperative resident (by myob [GA]) Posted on: Dec 7, 2017 11:09 AM
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)
When she doesn't comply terminate lease. You will of course have to go to court with your suit but get this problem gone. Nothing worse than a tenant who is thinking they are the owners. This is what happens with long term people. --99.103.xxx.xxx
Uncooperative resident (by Mary [PA]) Posted on: Dec 7, 2017 11:17 AM
Unfortunately we don't have someone close enough that we can keep having the person swing by for the next five days. We need to have coordinated times for the person to gain access. Also my concern is how can I prove when we go to court that this person was being difficult and uncooperative with the repairs Enough for a judge to want to convict this person in the winter? Exactly what documents would be the strongest needed to get this done? --74.141.xx.xx
Uncooperative resident (by myob [GA]) Posted on: Dec 7, 2017 11:47 AM
Mary I think you meant evict this person?
The notice I describe to you is to get the tenant to confirm access-- not to have your manint man ride around. --99.103.xxx.xxx
Uncooperative resident (by Barb [MO]) Posted on: Dec 7, 2017 11:53 AM
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.
Demanding new flooring because it is old and outdated means the resident thinks they have the right to demand something. They may just need to leave. If it is still in decent shape, that doesn't mean it needs to be removed. I have had the same carpet in my home since January 2001. It still works just fine. You need to be sure the flooring is serviceable and not in poor condition. Heck - talk about old - my hardwood was originally installed in 1923. Does that mean I should rip it out in her view? --64.251.xxx.xxx
Uncooperative resident (by Mary [PA]) Posted on: Dec 7, 2017 12:29 PM
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?
I think this is quickly going down the path of offering to pay the person to leave... Which is expected to be a huge shock to the person and then a fight --74.141.xx.xx
Uncooperative resident (by Barb [MO]) Posted on: Dec 7, 2017 3:06 PM
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).
I would not offer cash for keys just yet. Keep track of all interactions closely. If she makes the appointment yet fails to keep it, do you have a penalty in your lease? --131.151.xx.xx
Uncooperative resident (by Mary [PA]) Posted on: Dec 7, 2017 3:34 PM
I was wrong. Revisited lease. It ends end of march!!!! No renewals there. Yeah. --74.141.xx.xx
Uncooperative resident (by moby [IN]) Posted on: Dec 7, 2017 4:54 PM
Sounds like she qualifies for a rent increase. --68.60.xxx.xx
Uncooperative resident (by Mary [PA]) Posted on: Dec 7, 2017 5:03 PM
so instead of saying the lease will not be renewed just send out a new lease with a ridiculously higher payment? Is there any part of that new lease that has to reflect a payment on the other unit in the building? In other words is there any justification for a significantly higher payments in one unit than the other? --74.141.xx.xx
Uncooperative resident (by Barb [MO]) Posted on: Dec 7, 2017 5:19 PM
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.
If you don't mind her staying but paying more, decide how much more. Send a new lease, for the term you desire of a year or M2M, at what you want to rent for. Yes, tenants talk. So what? What one tenant pays doesn't mean I need to charge the other the same. --64.251.xxx.xxx
Uncooperative resident (by Nicole [PA]) Posted on: Dec 7, 2017 5:21 PM
since lease ends in March, I'd send notice soon so they have plenty of time to find another place .. they may even be out sooner. --72.95.xx.xxx
Uncooperative resident (by Ed [PA]) Posted on: Dec 7, 2017 6:37 PM
Send the notice of non-renewal soon, don't provide a reason as you are not required in PA. Only repair things that are immediate need to prevent further damage, no repairs for cosmetic until she is out. After 20 years she will not go willingly, be prepared to file for eviction April 1 for holdover. --72.95.xxx.xx
Uncooperative resident (by Vee [OH]) Posted on: Dec 7, 2017 6:48 PM
First and foremost is what does your court consider -proper notice-, in my areas text or email is not allowed so the the manager/owner would be faulted for no notice given. If the repairs are damages then bill in the next rent cycle, most states require 30 days notice of adding damage repairs to the rent, the owner/manager needs to get up 2 date on tenant rules local and state. --76.188.xxx.xx
Uncooperative resident (by Mary [PA]) Posted on: Dec 7, 2017 7:06 PM
I feel this goes against compassion. But I really do want the person gone. She has a very toxic personality
Is it possible to have a Resident agree in the lease the proper notice is via text or email? Basically when there is an update in those fashions all that is asked for from the resident is confirmation. So in the past it has not been a way to be difficult more of a way for ease of communication. If there was not a way to get a confirmation from the resident via text or email we rescheduled. --74.141.xx.xx
Uncooperative resident (by Barb [MO]) Posted on: Dec 7, 2017 8:22 PM
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.
Meanwhile, make an inspection and make sure you know if anything needs to be billed now. --64.251.xxx.xxx
Uncooperative resident (by DJ [VA]) Posted on: Dec 7, 2017 9:01 PM
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!
Uncooperative resident (by Nicole [PA]) Posted on: Dec 7, 2017 9:18 PM
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.
that said, I think you probably need an attorney to assist you. --72.95.xx.xxx
Uncooperative resident (by S i d [MO]) Posted on: Dec 8, 2017 6:26 AM
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.
The land lord is in charge...the tenant is NOT! -ALDO's Rule --173.19.xx.xxx
Uncooperative resident (by RB [MI]) Posted on: Dec 8, 2017 6:54 AM
Keep'em on a Short Leash.
Rawhide ! --71.13.xx.xxx
Uncooperative resident (by Maty [PA]) Posted on: Dec 8, 2017 7:14 AM
Thank you all for advice
Getting rid of this person or just the knowledge it will happen fairly soon is a weight lifted.
Sad it is feeling so good knowing end in sight without paying --74.141.xx.xx
Uncooperative resident (by Oregon Woodsmoke [ID]) Posted on: Dec 8, 2017 8:23 AM
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.
The reason that I would give notice right now is that she is refusing repairs and if she files a complaint with the city that repairs aren't done, then after that you can't evict because it becomes a retaliatory eviction. You have to be the one who strikes first. --174.216.x.xxx
Uncooperative resident (by Mary [PA]) Posted on: Dec 8, 2017 9:33 AM
Not wanting to renew the agreement after they filed complaints would still be considered a retaliatory eviction? I guess the part that surprised me was where it was just failure to wanting to renew the agreement. Not taking any steps outside of what is already set up for an agreement --74.141.xx.xx
Uncooperative resident (by Lana [IN]) Posted on: Dec 8, 2017 9:38 AM
If Lease ends end of March consider riding it out and delaying all but necessary repairs. Give notice now as Oregon states and strike first. Then she can heat the place through the winter and spring is a good time to turnover and rerent. If she is behind on rent, evict now. --216.23.xxx.xx
Uncooperative resident (by Ed [PA]) Posted on: Dec 8, 2017 5:00 PM
In PA you are not required to provide a reason for non-renewal. Do not provide a reason, just provide the notice of non-renewal soon. --72.95.xxx.xx
Uncooperative resident (by Ray-N-Pa [PA]) Posted on: Dec 10, 2017 6:25 PM
I absolutely agree with Ed......but if you really feel obligated to give a reason........."you are a bad fit for this property" covers everything and there is no defense for it since its so general. --24.101.xxx.xxx