Author Topic: I hate some tenants (Read 5125 times)

Brad Johnson · « **on:** February 14, 2007, 01:51:04 PM »

One of my listings has been vacant for a while so the owner took on a tenant to help defer some expenses. The tenant knew full well that the house was for sale. Heck, I'm the one who showed it to her in the first place! When she moved in she said she had no problem with it and just come on in any time, but at least let her know we had been there.

Fast-forward to now...

This morning she decreed that she will only allow the house to be shown at her convenience, which happens to be between 5:30 and 6:30 pm, on weekdays only, and with a minimum 24 hours notice. Not only that, she has pulled my sigh out of the yard and removed the keybox. The sign was easy - it might have been a big honkin' thing, but a strong person could have just pulled it up. The keybox, however, was mounted on a metal fence. The only way to get it off was to cut up the fence or cut off the keybox.

To top it off, the tenancy agreement is verbal. What that means in layman's terms is that the owner really has no recourse for many, many months. Without a written lease agreement the tenant has all the power. She doesn't have to do a darn thing, not even let it be shown, if she doesn't want. Heck, truth be known she doesn't even have to pay for at least six months before the owner can begin the process of eviction in a non-lease situation.

About the only power the owner has at this point is the right to inspect the property, and even that only after a minimum 48 hour notice.

Basically, he's hosed. No way we can sell it with this b**** in place, and nothing he can legally do about it for half a year.

Brad

Sindawe · « **Reply #1 on:** February 14, 2007, 02:05:02 PM »

Sounds to me like the house needs a new roof, siding and windows installed. Maybe a new furnace as well, perhaps an upgrade on the floors and plumbing would be in order too.

AmbulanceDriver · « **Reply #2 on:** February 14, 2007, 02:06:56 PM »

Well, I'll agree it sounds like she's a major PITA. But at the same time, I have to wonder what kind of owner would be dumb enough to let her rent on a verbal contract only???

Then again, the apartment I rent is a condo conversion, and the owner let my current lease expire into a month to month now....

Matthew Carberry · « **Reply #3 on:** February 14, 2007, 02:08:44 PM »

some tenants? grin

I'm getting out of the landlord game.

Sindawe,

The old "they come home to no front door" and a note saying you're finally getting around to fixing it, sorry for the delay? laugh

thebaldguy · « **Reply #4 on:** February 14, 2007, 02:20:27 PM »

It sounds like there is an implied month to month lease in place. Check local legal laws, but you can give her a 60 day notice that the rental agreement is done. Maybe 90 if you're feeling generous. Deliver the papers in person, and let her know she needs to find a new place to live.

Brad Johnson · « **Reply #5 on:** February 14, 2007, 02:32:09 PM »

Quote

It sounds like there is an implied month to month lease in place. Check local legal laws, but you can give her a 60 day notice that the rental agreement is done.

Not in Texas, as far as I know. It has to be in writing or it doesn't exist, legally speaking. There is a set schedule for evictions, but that's for breaking an existing lease. There must be a current written lease agreement or the tenants must be grandfathered into a lease agreement that has run its initial term and gone month-to-month.

If there is no lease and a dispute arises, state law takes over. In general, state law has a "protect the little guy" stance, meaning that the tenants remain in place (the "little guy has a home") unless some very specific criteria are met. Without a written lease stating the specific terms of the lease, there is nothing specific the tenant can "get out of". Heck, they can fail to pay their rent for up to six months and there isn't a darn thing the owner can do except sit there and watch.

Brad

280plus · « **Reply #6 on:** February 14, 2007, 02:47:50 PM »

Yup, got out of the landlord business myself. rolleyes

DJJ · « **Reply #7 on:** February 14, 2007, 03:11:59 PM »

Quote from: Brad Johnson on February 14, 2007, 01:32:09 PM

Not in Texas, as far as I know. It has to be in writing or it doesn't exist, legally speaking.

Then she's trespassing. Honest, your honor, I came home from work and there she was, squatting in my house.

The Rabbi · « **Reply #8 on:** February 14, 2007, 03:17:20 PM »

I have to echo the "what idiot doesnt have a written agreement" sentiment. I have done the rental business for 13 years now. I wish I could say I've seen it all but you never really do.
If the tenant is the deadbeat type then I concur that making the place unliveable is good. She wont take you to court over it.
But if she is the litigious type then you're screwed. It isnt your fault. It is the owner's. Let him deal with it.

Headless Thompson Gunner · « **Reply #9 on:** February 14, 2007, 03:22:45 PM »

Quote from: Brad Johnson on February 14, 2007, 01:32:09 PM

Not in Texas, as far as I know. It has to be in writing or it doesn't exist, legally speaking. ...

If it doesn't exist unless it's in writing, then she doesn't have a lease on the apartment. Feel free to enter any time and for any reason. It's your property, not hers, and unless she has a signed lease agreement she can't keep you out.

Or, if you want to be nice about it, draw up a lease and present it to her. If she signs it, use its terms to enforce your right to show the property to buyers. If she doesn't want to sign a lease, then you're back to entering your own property whenever you like, regardless of what she wants.

Oh, and don't forget to bill her for the yard sign and the lock box she cut.

crt360 · « **Reply #10 on:** February 14, 2007, 03:43:04 PM »

I have no idea what they agreed to, but in Texas, verbal leases are likely to be month-to-month, which normally require a month's notice to terminate.

Bogie · « **Reply #11 on:** February 14, 2007, 05:08:19 PM »

This is easy.

Tell the landlord that you cannot waste money on advertising or listing maintenance until the situation changes. Odds are he'll have a chat with the person (who _he_ rented it to, right?), and things will get turned around.

Do it easy.

Lee · « **Reply #12 on:** February 14, 2007, 05:55:40 PM »

"This morning she decreed that she will only allow the house to be shown at her convenience, which happens to be between 5:30 and 6:30 pm, on weekdays only, and with a minimum 24 hours notice."

I agree with Bogie, the seller is the only one who can be motivated in this scenario. Sounds to me that she found a way to live in the house of her dreams without paying a mortgage. Clever..but evil, woman. Or...you could work under those constraints.

TarpleyG · « **Reply #13 on:** February 15, 2007, 04:19:18 AM »

Quote

If it doesn't exist unless it's in writing, then she doesn't have a lease on the apartment. Feel free to enter any time and for any reason. It's your property, not hers, and unless she has a signed lease agreement she can't keep you out.

Or, if you want to be nice about it, draw up a lease and present it to her. If she signs it, use its terms to enforce your right to show the property to buyers. If she doesn't want to sign a lease, then you're back to entering your own property whenever you like, regardless of what she wants.

Oh, and don't forget to bill her for the yard sign and the lock box she cut.

Afraid it ain't that simple. If Brad or the owner takes this tack, they could be in a lot of hot water. The State (Texas especially) does not play around with tenant's rights. As a tenant (verbal or written lease), you hold all the cards.

Greg

charby · « **Reply #14 on:** February 15, 2007, 05:35:41 AM »

Where I live no written lease and the landlord can raise the rent each month as high as they want.

-C

AmbulanceDriver · « **Reply #15 on:** February 15, 2007, 06:57:58 AM »

^^^

That might just be a solution.... Landlord gives her 1 month warning that next month her rent will double, month after that, same thing, etc. I suspect an eviction for failure to pay rent is one helluva black spot on anyone's credit record.

Brad Johnson · « **Reply #16 on:** February 15, 2007, 07:31:41 AM »

In Texas, if money changes hands in exchange for the use of a domicile, you are in a lease for habitation. In essense, you have given them unlimited use of the property for use as a home for as long as they are willing to pay. You DO have the option of upping the rent.

However...

If the tenant decides not to pay, there is a six month period of non-payment before you can begin eviction procedings. If they make even a single payment withing that time, it resets the clock. As for entering the property - even for non-emergency repairs - you must give a minimum 48 hours notice if there is no lease to indicate otherwise.

The lease is there to spell out the terms, both for the owner and the tenant. If there is a written lease the state will usually side with the landlord in disputes. In this, thankfully, Texas is big on property owners' rights. No lease? Then the tenant becomes the "little guy" and the state steps in to protect their position instead.

With a written lease you can hold to the old "30 day eviction" process. Without one, you're screwed.

Brad

RadioFreeSeaLab · « **Reply #17 on:** February 15, 2007, 07:42:47 AM »

Sounds like the owner should up the rent drastically. Nothing on paper to say he can't.

mike · « **Reply #18 on:** February 15, 2007, 07:50:19 AM »

"Show" the house every day. Give her notice of that and if not one shows up to look well sorry for inconvience, but you can't help that. Or take the house off the market till you can get rid of her.

charby · « **Reply #19 on:** February 15, 2007, 08:00:04 AM »

so basically in Texas I can rent a place and only pay rent once every 5 months and 28 days and not be evicted unless it is in the lease?

So I could live cheap as hell but I'd have a horrible credit score?

-Charby

Perd Hapley · « **Reply #20 on:** February 15, 2007, 12:22:08 PM »

Quote

You DO have the option of upping the rent.

However...

If the tenant decides not to pay, there is a six month period of non-payment before you can begin eviction procedings. If they make even a single payment withing that time, it resets the clock.

]

So, the rent could be set at $1,000,000? Then she either moves out or gets sued for whatever she doesn't pay in those six months?

Brad Johnson · « **Reply #21 on:** February 15, 2007, 12:31:37 PM »

There are other restrictions, I was just giving a broad generalization.

Brad

DJJ · « **Reply #22 on:** February 15, 2007, 04:43:20 PM »

Sounds to me like this woman knew exactly what she was doing.

I love a good soap opera as much as the next person - do keep us updated.

cassandra and sara's daddy · « **Reply #23 on:** February 15, 2007, 06:41:17 PM »

i used a tactic that costs a lil but saves in long run i'd buy em out offer em cash if they are gone in 2 weeks. its not fun but cheaper and quicker

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Author Topic: I hate some tenants (Read 5125 times)

cassandra and sara's daddy