Monday, December 12, 2011

Bad tenant, don't know what to do. I may have to keep him for now. What do you think?

I have a multifamily in Rhode Island, and I have a tenant who is late on his rent every month. He ignores all the late fees. His lease is up at the end of the month, I sent him a notice if he wanted to renew. He is very irresponible, he lives with his dad and his dad is disabled. i think they are slightly retarded, not joking. he said that when he was signing the lease it reminded him of being at school because he had to write so much. Anyway, I went there to show the place to people for another unit and to check on things, apparently his girlfriend with her child is living their now. He said he withholding his rent because he wants me to get rid of the mice in the apartment. He said if his son gets bit "be prepared for that". His girlfriend told me I don't do anything. She was just speaking up for him, other people complained about mice. i took care of it and they didn't complain anymore. He also always talks to me through his aunt and cousin even though they don't live there. he claimed to not have my number. Anyway, I'm going to patch up the holes for him and get one of those pest control things. I know, he's not going to sue me. I just think I should keep him for now and give him a month to month or something, everyone else pays on time but him. What if he doesn't pay anymore someday, already living here 5 1/2 months. His dad is on the lease too and he gets SSI, he lives there too. Well, anyway, he didn't even tell me he wants to renew or not. They were clueless, they are so stupid. Everyone else told me. I'm renewing one person and someone else is leaving. What should I do with him? He has so many late fees. I can't let him get away with that. I said it will come out of his deposit. Should I keep him for now, then show it and then when someone else wants it I will give it to that better person. it is like gambling, providence is such a craphole, I may end up with someone worse than him. I feel like if he pays his rent this month and then i give him a month to month, then I say pay on time for a few months and then I will renew your lease, what about that? I'm not sure.|||Why not change the terms of his lease (and all other leases for the unit) as follows:


1. If you are late with your rent there is a x5 of x$ penalty per month.


2. If you pay 5 days early, there is a x4 or x% discount.


3. Change the date of payment due on the lease to match the dates he normally pays (and apply 1 and 2 above).


4. Raise his rent so he wants to leave. If he questions why, say his history of late payments.





This uses a carrot to encourage people to pay timely, rather than a stick for paying later (source: Clark Howard radio show).|||Get them out! Never put up with bad tenants. They pay late, owe a bunch in late fees, moved in additional persons without permission and these additions are not on the lease. They may be violating your Certificate of Occupancy, and if they do, authorities can pull your certificate and shut down your building.





It is harder to get new good tenants when you have bad ones. It is harder to keep good tenants when you have bad ones. Shape up, and make those tenants ship out.





They failed to respond to you regarding lease renewal, and they have no new lease. Give them written notice that since they failed to renew the lease at least 30 days prior to lease expiry, and they failed to respond to your request to inform you timely, as required by the lease, their lease hereby expires automatically on lease end date. You will meet with them on that date at time for the final inspection to ensure they have vacated the property and left it in good repair and broom clean.





If they are not out by date-time, have your 3-day pay or quit or other legal notice in the form as required in your state ready to serve immediately. Proceed with eviction - and be sure to list not only tenants on the lease, but also names of those you know to be staying there, plus "John Doe #1, John Doe #2, Jane Doe #1, Jane Doe #2" for at least one more than you suspect might be there.

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