I have a tenant who is moving out in 3 weeks. In the 23 months he will have lived here, he has violated the lease several times and tries to negotiate things that he already signed in the lease, and we are all exhausted. For long story, read past history, for short story, skip it.

Past history: Tenant puts up above-ground pool without notifying LL. Tenant puts up trampoline without notifying LL. Tenant argues removing trampoline and asks several times for LL's insurance agent's phone number to speak with her. Tenant is late for rent X2, LL only charges 1 late fee (out of good faith) and Tenant refuses to pay it for 3 months by ignoring requests, Tenant states he has talked to other renters in the neighborhood and is paying too much and wants to renegotiate the lease 45 days in advance of signing 2nd year lease (we refuse and he stays anyways and signs, though signature takes 4 emails from real estate agent because he 'never seems to receive them'), tenant asks to leave early in May and LL agrees in good faith but tenant is not ready until June, tenant tries to renegotiate cleaning fee that has been in both leases signed.

Current situation: My real estate agent did a quick walk-through before the house was placed in the rental market, we noticed that the ceramic floor tile of the kitchen was cracked into 3 parts and that the T-molding in two places was not in place. Tenant has been very vocal that he "expects to receive his full deposit back" and that me or my real estate agent "should tell him what he's supposed to fix". I told him to fix the ceramic tile and the t-molding. He states the ceramic tile broke from simply walking on it and that it was installed incorrectly (this is simply not true as that ceramic tile has been there for years, no tiles are loose or uneven or not flush), and that the t-molding was damaged because of water damage from the washer (the washer did have its valves replaced back in Nov to fix this problem) but we were never told of the damage it had caused last year, and the laminate flooring that is closer to the washer than the t-molding is is not bowed or damaged, so why would the t-molding be? My tenant is very argumentative and I have explained to him that normal wear and tear is OK but these items are excessive damage that need to be fixed ahead of time or we will deduct from his deposit. In response to his last email, we did give him details and asked for pictures (which he still hasn't sent) and instead to fixing them he wants to argue me on them. We don't want legal trouble and we don't want to get screwed by him either. Should I ask for pictures? Should I tell him either way they need to get replaced or our handyman will do it when he leaves? I don't think he'd take us to court, he seems too irresponsible to manage that but this story about the broken tile, he simply walked on it, I don't believe it, and do I have to?

Say it once. And then stop.

Tell him that he will receive a letter with his security deposit return detailing any damages that were charged. Get his new address so that you may mail it. Tell him it takes 2-3 weeks to process. This gives you enough time to find and repair any damage. We do not ever give the tenant his security deposit on move out day.

I'm with RB on this one...this tenant has correctly sensed that you allow him to argue with you.

My suggestions:

1) STOP arguing. From now on, you are like a Drill Sergeant. You say what you expect and no further discussion. Some people want to "have the last word." That's fine. Let them. But you continue to enforce your lease.

2) A wise land lord doesn't ever "want" legal trouble, but we always be prepared for it. YOU are not the one causing legal trouble: the tenant is because they are damaging your property and causing other lease violations. Be prepared to "drop the hammer" if they violate and argue. Have your attorney's number/email at the ready if the refuse to comply.

3) No discussion of security deposit beyond, "We always comply with the State law on security deposits. Our accounting department/bookkeeper will be in touch."

I gave up arguing with tenants years ago, and it was one of the best decisions I ever made. If we go back and forth more than 3x on a subject, I've let them draw me into their drama. Now I just send the message to correct the behavior as required and if they whine, argue, wheedle, disagree, fail to comply or threaten, I shut down communications and forward their lease to our attorney. They call tell their story to the judge.

Sara,

You said LL and realtor so I am replying based on an outside person handling this lease. My response hits hard so you know what to fix on your next lease out. This is not a game. You have too much to lose and too much legal liability to allow this to repeat.

I see a major case of wimpy lease-itis combined with "Damaging Poor Management Disease".

Mistakes:

-No pics. What!? Why? Pics are free and don't lie in court! This is LLing 101.

-No inspection signed by the res. What!? Again LLing 101.

-No orientation. At new resident orientation (simply sit down and review the lease and policies) the trampoline and pool policies would have at least been shown to the res with their initials.

-Late a few times. The manager LET the res start calling the shots.

-Does the lease specify no trampolines or pools? and the move out process?

-"In good faith" What the heck does that mean??I believe it's the manager's excuse for not managing.

-Arguing. Pointless and draws the manager into the drama. Some people thrive on creating drama. Your manager found one.

-Stay in control. Give the res a copy of the move out packet from the lease. It states the move out procedure and charges. THAT is your communication.

-The reporting damage rule is good to have but won't carry any weight.

-Tile: can crack later, esp if it's a long crack over multiple tiles. An impact chip or crack is easy to define.

-T mold: is flimsy and a constant maintenance item. Did I understand laminate in the wet areas? Tough to prove ANY of these damage without pics and / or the signed inspection form. This would go no where in MY court.

-Go back and review the application and screening. I suspect it was minimal.

My lease is clear: 31 pages because it covers all the things your manager did not. I sleep well. Every word and inspection form is designed to protect the LL and educate the new res. It stands up and solves disagreements.

Best of luck!

the second a Tenant starts to talk I remind them that the lease has a specific address where they send lease related items

If they E-mail I simply copy and reply with the text from the state law with nothing else.

If they e-mail back I do it again and again until they get the point

"I told him to fix the ceramic tile and the t-molding."

I wouldn't have told him that. His "fix" will be ugly or incorrect and then you'll just have another argument with him on your hands.

Please do keep a very cut and dry attitude with your tenant. I think that you are actually going to need to be the adult in the room to deescalate the situation with this drama-fueled-argumentative tenant. Like everyone has noted, please just stick to the rule of law at this point with your situation going forward to cover yourself. I'm guessing that this guy won't go to court because it sounds like he's cheap and wouldn't hire an attorney and because it sounds like he has young kids to keep him busy. Also, he probably thinks that he could represent himself and win because he's a talker with no hard proof and an unrealistic mind.

You are on the home stretch with the tenant leaving in over two weeks. Please do post what happens if you need support and need to bounce off ideas. You got this.

I hate to be the dissenting voice here, but I have been in front of a judge with this exact same scenario. I can only tell you what happened to me, I cannot say what will happen in FL.

Btw, I don’t go nuts on damages at move out. I tend to fix things as we go along, so tenant has already paid for what they damaged months or years ago, and I ‘allow’ a good bit of wear and tear. I figure, it’s my job to put sturdy materials in the house, of, if not sturdy, then easy to repair/replace. Example: mirrors by definition, are not sturdy. So I go with cheap/easy to replace. So, if the tenant breaks the full length mirror in the hall, it’s only seven bucks at Wally World for a new one (those mirrors have held up surprisingly well though.)

My rents are not the cheapest for my area, in the upper half of what I see out there. I figure by having the rent a bit higher, I can just absorb most dings and dents. That seems to encourage tenants reporting things quickly. They know I’m not going to get bent out of shape over things, and pretty easy on the charges. I’m more interested in they know what caused the damage, they know how to prevent it in the future, and they are putting effort to do that.

Btw, I don’t go nuts on damages at move out. I tend to fix things as we go along, so tenant has already paid for what they damaged months or years ago, and I ‘allow’ a good bit of wear and tear. I figure, it’s my job to put sturdy materials in the house, of, if not sturdy, then easy to repair/replace. Example: mirrors by definition, are not sturdy. So I go with cheap/easy to replace. So, if the tenant breaks the full length mirror in the hall, it’s only seven bucks at Wally World for a new one (those mirrors have held up surprisingly well though.)

My rents are not the cheapest for my area, in the upper half of what I see out there. I figure by having the rent a bit higher, I can just absorb most dings and dents. That seems to encourage tenants reporting things quickly. They know I’m not going to get bent out of shape over things, and pretty easy on the charges. I’m more interested in they know what caused the damage, they know how to prevent it in the future, and they are putting effort to do that.

Sara,

I hope I did not beat you up too badly!

First residents and first hired manager can be a HUGE learning experience. My first res was a total disaster - due to MY poor management. She sued me and I lost in court. The judge was even a family friend!

I was extremely embarrassed and lost money. I vowed NEVER AGAIN.

Every time I was hit with a problem or a surprise over our 40 years I wrote something into the lease to protect me.

I watched for gaps in our system, like hoping the res would fill out an inspection form - the most important document in court!!

EVERY rule, fee, form, inspection, disclaimer, lead based paint info, EVERYTHING is in one staple, not to be forgotten or missed.

Then I made a detailed NEW LEASE CHECKLIST so we did not miss a step, such as turning off utilities in our name, or missing a SS#.

FYI: in Indiana, licensed realtors and attys are allowed to manage properties for others. BUT know they only receive 30 minutes of LL training to get their license! LICENSED does not mean QUALIFIED.

Hang in there! Now you know how to protect yourself in the future.

BRAD

PS

The National Convention in a few weeks in Cleveland and Jeffrey's Landlord Boot Camp in the Fall would give you a jumpstart into proper management skills, saving you from stress and loss.

No worries Brad.

"In this situation, unfortunately, I agree with your tenant. If the tile is cracked along the entire length that is because it is not properly supported or the support has shifted. A chip on the other hand is his fault. Either way, do not let him do the repair work himself. You will get poor quality work and if the underlying cause is not addressed, it will happen again."

True. Sometimes it all has to be removed and redone the right way. I went through this myself.

Sara you asked who will the judge believe? Most likely the judge will believe whoever has the best, most organized proof, following the local laws and regulations.

You have homework and a due date ahead of you.

You already know about some of the damages you need to document, and there WILL be additional others.

Start by printing out your move-in photos showing the previous undamaged conditions of the damaged areas you now know about. Make notes to photograph them again after move-out, under similar lighting conditions, angles, etc. to make easy to compare before & after shots.

The documented before & after photos will be your best proof in court.

Also print out the emails where the tenant admits to causing the damages. Prepare an organized "Exhibit" folder to help present your case in an unemotional businesslike manner.

Once you start working on this "homework" you will start feeling better as you start to see how well prepared you will be if this does go to court.