Is This My Responsibility?
I bought my first rental about six months ago. It is 3 duplexes located together (6 units). The former owner told me that all of the tenants are great except for one, who he referred to as the "pain in the ass lady." He warned me that she would complain about bugs and everything else. But she is a slob, and all of the food and trash invite the bugs in.
He was completely right about her. She is always complaining about bugs and mice as well as many other things beyond my control. I do spray regularly.
As soon as she met me she started complaining about her carpets. They are filthy and gross, but it is because of the way she lives. When I gently told this fact to her she said that her brother-in-law works at a carpet place and would sell her carpet cheap. She offered to buy the carpet if I would pay $200 to have it put in. As a gesture of goodwill I agreed to this.
That was 4 months ago and her brother-in-law still has not gotten her the deal on the carpet.
Tonight she told me that her daughter was taken to the hospital from school yesterday with a severe asthma attack. She told me that her daughter is home and better now, but that the dr.'s interviewed the family to make suggestions to help the asthma. The Dr. said that part of the problem is the dirt in the carpets (I'm guessing the Dr. didn't specifically say carpets but rather the mess there living in).
This tenant usually pays after the due date but before late fees apply. She has lived there for around 5 years.
What should I do?
1. Pay to have the carpets replaced (they are filthy beyond being steamed)
2. Continue to refuse to replace carpets and go on.
3. Evict her. (she’s on a month to month)
Can I get in legal trouble over this one if I do nothing?
Thanks for the help from those with much more experience then I. . . .
There is the possibility that she may bring up habitability issues regarding the carpet and withhold rent. She may go further and try a law suit claiming you contributed to the decline of health for her family.
I would talk to her and remind her of her offer to have her brother-in-law supply carpet and that you agree to pay to have it installed. Tell her that you are very willing to do this and give her a very simple agreement that you both sign. That way the ball is in her court to make the first move and you have a document that may deter her from any of the above. If she refuses, you have your other choices. Very rarely will I replace a carpet while a tenant is in the unit.
You mentioned that you spray. If this means that you hire professional exterminators, you might have them document that the probable cause of pests is the way she keeps her unit. This may help if she claims retaliatory eviction. This may not be an issue where you live, it is here in CA.
Your late rent issue does not sound very serious. Apparently, she is not using you as a bank.
Welcome to the "thrill of management"!
dido
The previous landlord said she was a pain in the rear yet kept her for 5 years? Its seems that replacing her is tough OR she is tolerable once you play the game. What im saying is maybe she is just testing her boundaries with the 'new landlord' and she isnt as difficult as she has been coming off. That's besides the point I guess. If you decide to keep her, I would somehow re-iterate the deal in writing so you are covered.
Since she is month to month I would end the lease and simply tell her that you have a tenant in mind who is willing to sign a longer term at a higher price. Her dirty creatures could cause you harm with other tenants and I would rather cut this one loose early before it spreads.
Get the sprayer to go spray. Take photos of the condition of the property to document the state. Have the carpets cleaned and the rest is on her.
Get the exterminators to provide you with a report documenting the condition of each apartment, the building as a whole, and their conclusion as to why your infestation problem exists.
Stop by for a visit to talk things over with the tenant and photograph everything in all the rooms.
Offer to have her carpet professionally cleaned (just once).
Send her a formal letter informing her that you are concerned about the lack of cleanliness in her apartment and the possible effects it might have on her family’s health as well as on the living conditions of other tenants. Make sure to refer to every conversation you've ever had with her on this topic. List dates and the results of these conversations right there in that letter.
Although you need to move forward, you should now also be in a CYA mode. There is the potential that she will attempt at some point to stick you with her daughter’s medical bills as well as make other claims against you for providing an uninhabitable environment.
All future communication related to this issue should be done via formal letters. If you have a telephone conversation with her, follow it up with a letter confirming the conversation and its results.
Do not evict her now, as she will scream bloody murder and will definitely cause you some grief. Clean the carpet, put your documents in order, wait a month, and then get her out.
Good luck.
Do be careful, and CYA as much as you possibly can.
Absolutely remind her of her brother-in-law's free carpet. Absolutely get it in writing. Absolutely get the pest control folks to write up a reason as to why there is a bug problem.
She could, following the Dr's mention of the home being filthy, go to the Health Department and cause a stink for you there with the carpets. If your paperwork is all in order, then the HD is no big deal.
I had a loon with an asthmatic son...and she had an old dog she never bathed and snuck a cat in without my permission. The cat peed on the carpet...she insisted it was not her cat that did that. (yeah, whatever, no cat had EVER been in that house before) and she demanded new carpet as the smell was affecting her son. I told her I was willing to replace it with vinyl, seeing as how she had an old dog and an asthmatic son, it sounded like the most hygenic solution. That's not what she wanted - so she called the Heath Department.
They were savvy enough to know she was a nut. Thankfully.
I agree with the CYA part. Document EVERYTHING! every conversation you have with her, every letter you send to her, EVERYTHING! and I would also agree that you need to cut her loose. Since she is on a month to month lease all you should have to do is give her a 30 day notice that you will not be renewing her lease. I wouldn't give a reason why. Here in Indiana at least I have been advised by my attorney not to give a reson and that I don't need to. Now unfortunately you will probably have to fight her to get her out since she probably won't take you seriously but don't give in or back down
Good luck
Joe
[addsig]