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How to proceed with a sensitive tenant issue

7,035 Views | 33 Replies | Last: 2 yr ago by Keeper of The Spirits
schwack schwack
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AG


We have a tenant that's been in a duplex unit for a couple of years. We started her on a 6 month lease back in 2021 because she was going thru a divorce & wasn't sure where she'd end up. Since then her lease converted to a month to month. She pays on time, stable job, etc.

Her apartment has always looked like a tornado has just blown thru with clothes & misc stuff all over. This is a much smaller space for her than what she had while married & she has a lot of stuff. Not a hoarder or filthy, but extremely messy. We've had conversations with her to keep the doorways clear, the kitchen trash taken out, etc. Our conversations have generally been pleasant.

We do hvac filter changes/maintenance checks every 3 months and notify tenants in advance when it's happening. Normally, we can see that she's made an attempt to comply. Yesterday, things were worse than normal. Piles & piles of clothes in every room - even the kitchen (fair point: the w/d are in there). The countertops were full of stuff, the stove very dirty, there were several full trash bags, the front door was blocked by stacks of clothes, amazon boxes, storage tubs.... but the kicker is the bathroom. In checking for leaks/dripping faucets in the tub we found the above. We've blurred the print, but it appears to be dry erase marker of some sort of "My Beautiful Mind" type train of thought thinking or something.

Do we 1) just give her 30 days or even 60 days notice since she is on a month to month or 2) tell her to clean it up and give her x # days to do so - and if that option, by acknowledging the somewhat unstable appearing condition of things are we opening ourselves up to any problems if she has mental health issues if we then give her notice? We have never been aware of any mental health issues before & she has not told us about any disability. We are not sure if she has the same job or not, but again, she is current on rent.

The lease states she is to keep the unit in "good & sanitary condition and repair" during the term of the agreement. So we'd have grounds to terminate, even though on a month to month I don't think we have to have a reason. We are also concerned because she is not the only one in the building - there is a tenant upstairs in the other half of the duplex. If we could get her to clean it up, we're fine with her staying. She has not caused any damage, it's just a mess. I'd guess if we just tell her to clean it up & not mention the bathroom crazy that we'd be in the clear whether she complies or not? If she can't maintain it going forward, then we can terminate.

I have a house cleaner that does great organization that I can recommend if that is something I should do.

Thoughts?


CS78
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Personally, I'd be weighing the dollar signs. Whats the chance she is going to cost you money vs whats a new tenant going to cost you. Unless they are being destructive, it typically pays to just keep a messy tenant. New tenants are expensive. Especially when you can't show it before getting it cleaned up. Probably budget for two months lost rent.

I had a similar tenant years ago. I considered letting her go but 5 years later she had paid me $60k. Keep your eye on the ball.

Did you try to see if the writing would come off? Id request that she clean it and not do it anymore. It might stain, even if it is dry erase.
schwack schwack
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AG
Yep - good points. I think we will address health & safety concerns & see how that goes. Because of the tenant upstairs I can't let those issues slide.

Yes, we rubbed some of the text off but long term, I guess it could stain. We'll definitely take care of that.
combat wombat™
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AG
I think you are dealing with mental health issues. Is it possible she's bipolar? Schizophrenic?

I hate to be hard- hearted, but from a purely business point-of-view, I'd start working on getting her out. This isn't going to get better and your going to end up with expensive repairs to do.
NoahAg
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Can you share at least a couple of her tile ramblings??
Let's go, Brandon!
Squadron7
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AG
Quote:

I think you are dealing with mental health issues. Is it possible she's bipolar? Schizophrenic?

If she is, double the rent.
bam02
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bam02
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AG
Sorry.. my laughing emoji above is in response to the double the rent comment above it. Not to the OP or the tenant situation.
MS08
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AG
Tough situation - because she needs roof over her head and is current on rent. However, she has mental health problems because of the writing on the wall and the hoarding of not only stuff but trash. You can deal with hoarding stuff but trash needs to be taken out and not piled up because that will create pest problems. Also the writing on the shower tile needs to be totally cleaned off since it could damage the property. heck, provide her with a white board so she can do the same thing just not on your property. You won't be able to pre-lease it while she is there if you do decide to go in a different direction, like cannot even show it until she is out kind of thing. Is she paying market rent?

If she's at market and current, just give her a list of things to remedy with a 3 day shot clock and you will do another inspection to see the progress or lack thereof. If nothing has happened, or gotten worse, then I would say the writing is on the wall.
aggiepaintrain
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AG
MS08 said:

then I would say the writing is on the wall.
scrap
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AG
This is NOT a tough situation. Your tenant is not performing to your standard by a LONG SHOT. If it were me I would be polite but tell her we are not renewing month to month and she needs to be gone by you name the date.

That is it. Put it in WRITING! Don't give a reason. If you do then it has to not be construed as discriminatory so it is best not to give a reason. She will know, you don't have to spell it out. Spring is here rentals in Texas has been easy. There is more than enough renters to take her place.

Now, toughen up your standards of putting a tenant in. Don't talk yourself into accepting deficiencies. When you start following your rules things get a lot easier. Cheers!
schwack schwack
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AG
Thanks for the input.

As said, she's been in there a little over 2 years. She is on time paying & in at over market rate since she's on a month to month. She has a good, verified real job, dresses professionally & passed our credit/background checks with no problem or questions. On the surface - and if you met her - you wouldn't suspect anything.

The writings are mostly about some family issues, relationship stuff, introspection & self help reminders. Nothing too scary, but I wouldn't call it normal behavior either.

Yesterday we texted back & forth about the condition of the unit. We were clear that we were concerned about safety & health issues. She understood and has assured us that she will remedy everything we asked her to do. She has some vacation time in March & plans to clear it out. We've offered to help with a couple dumpster loads if needed and she was appreciative.

We are in a small town and qualified renters are not plentiful. We have great luck, do tons of checks and are lucky enough that most stay for multiple years. She's not doing any permanent damage and it's not filled with trash - clothes, clothes, clothes & empty boxes. We didn't look in the trash bags in the kitchen but they didn't smell, so not sure that it was even kitchen/food trash. She put them out for trash today.

We'll see. If this doesn't work, we wont renew.


MS08
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AG
Sounds like you have a good relationship with her and a good action plan. Best wishes!
BearJew13
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AG
Spend a few minutes speaking to an attorney to make sure you are documenting and communicating correctly to best protect yourself in the event you do need to terminate the lease.
Keeper of The Spirits
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I'm not sure it's worth the hassle if she's paying on time and not destroying anything
Build It
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AG
Out, out, get her out.

Not worth the potential **** show that's coming.
bmks270
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AG
She's just jotting down some shower thoughts, no big deal.

She's probably just depressed and not happy, and just isn't motivated to keep the place clean.

If her mess is damaging your property then get rid of her. I'd keep her if you can find a way to keep the mess from getting any worse. But you'll have to monitor closely since I suspect her mental and emotional well being may be a root cause for her lack of cleanliness and her shower thoughts.


OnlyForNow
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AG
Might want to re-run background check and credit check on her.
schwack schwack
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Update. We went yesterday to fix a couple of things for her & she is making progress. The kitchen was clean, the tile in the bathroom was "erased" (with no damage/staining) and she's working on the piles of clothes. She was apologetic and somewhat overwhelmed by how she'd let things go and understands our concern. We went over some more things that need to be done & gave her the number of a friend of ours that is an incredible organizer/cleaner. She can help her go thru clothes, etc. for donations & take them away in some of those amazon boxes which will make a ton of difference. We are hopeful she makes that contact.

Not to air her business, but she's had some pretty significant losses in the last 2 years. Between some deaths & divorce it's been heavy for her. She loves her job, so she has that going for her.

bam02
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AG
Oh, that is a great update. Hope it keeps going in the right direction. I can certainly understand why some people said to get her out, but hopefully this gives her a better chance for stability and works out well for you as the owner, too.
schwack schwack
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Quote:

better chance for stability

This. She's a nice person that seems to need a break. Fingers crossed that this tips her back into that stability. She even joked about her "Beautiful Mind" moments in the shower.
bmks270
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Here's my tenant drama story, just so you know things can change fast.

Tenants are a couple in their 50s, both employed. They pay on time no problems for a year. All accounts from neighbors and property manager is that they are super nice and great. Ask to have a dog, their sons while he does some other thing (military, not sure), kind of odd, but it's an old lab, okay, whatever.

Renew lease.

The first month payment of the renewed lease is late.

They broke up, the woman moves out suddenly. The guy was a recovering alcoholic who began drinking again.

The woman pays half of the rent due. I don't get payment from the guy and ended up having to evict him.

As a landlord your tenants problems become your problems too.
schwack schwack
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Yes - things can change FAST. She's on a month to month at over market rate & we do maintenance check/filter change every 2-3 months. If things go south, we will give her notice.

We haven't had to evict anyone before but I have talked to the Constable about the process (not in relation to this tenant - just some FYI info) & she said it's pretty easy here. I hope to never have to find out.
BrazosDog02
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AG
Any way to keep tabs on her on the regular? Like…more of a well being thing. I feel like this is going to get bad for her or she may do something she can't undo. I'm a pessimist by nature but the behavior makes me nervous for her as a person, not so much for your property.
sts7049
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AG
i think you did the right thing, showing a bit of grace but being honest.
schwack schwack
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We do not get too wrapped up in tenant personal lives/business. We are always friendly & helpful, but stay away from being their support system.

I hope that doesn't come across as harsh, but they are not our friends or family and we are not licensed counselors.


edit: she also attends church regularly, so she has that support in addition to her friends & job
The Collective
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Possible there is something to the time of year? Close to the anniversary of her divorce or possibly an event that kickstarted the end of her marriage? If so, and she offered up that info, I'd just pencil Q1 for possible issues.
MS08
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AG
No need for us to put on our therapy hats. OP has got the situation under control and has a good action plan. He is an experienced Landlord and if he needs to go in a different direction with this tenant, he will do so at the right time.
scrap
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schwack schwack said:



We have a tenant that's been in a duplex unit for a couple of years. We started her on a 6 month lease back in 2021 because she was going thru a divorce & wasn't sure where she'd end up. Since then her lease converted to a month to month. She pays on time, stable job, etc.

Her apartment has always looked like a tornado has just blown thru with clothes & misc stuff all over. This is a much smaller space for her than what she had while married & she has a lot of stuff. Not a hoarder or filthy, but extremely messy. We've had conversations with her to keep the doorways clear, the kitchen trash taken out, etc. Our conversations have generally been pleasant.

We do hvac filter changes/maintenance checks every 3 months and notify tenants in advance when it's happening. Normally, we can see that she's made an attempt to comply. Yesterday, things were worse than normal. Piles & piles of clothes in every room - even the kitchen (fair point: the w/d are in there). The countertops were full of stuff, the stove very dirty, there were several full trash bags, the front door was blocked by stacks of clothes, amazon boxes, storage tubs.... but the kicker is the bathroom. In checking for leaks/dripping faucets in the tub we found the above. We've blurred the print, but it appears to be dry erase marker of some sort of "My Beautiful Mind" type train of thought thinking or something.

Do we 1) just give her 30 days or even 60 days notice since she is on a month to month or 2) tell her to clean it up and give her x # days to do so - and if that option, by acknowledging the somewhat unstable appearing condition of things are we opening ourselves up to any problems if she has mental health issues if we then give her notice? We have never been aware of any mental health issues before & she has not told us about any disability. We are not sure if she has the same job or not, but again, she is current on rent.

The lease states she is to keep the unit in "good & sanitary condition and repair" during the term of the agreement. So we'd have grounds to terminate, even though on a month to month I don't think we have to have a reason. We are also concerned because she is not the only one in the building - there is a tenant upstairs in the other half of the duplex. If we could get her to clean it up, we're fine with her staying. She has not caused any damage, it's just a mess. I'd guess if we just tell her to clean it up & not mention the bathroom crazy that we'd be in the clear whether she complies or not? If she can't maintain it going forward, then we can terminate.

I have a house cleaner that does great organization that I can recommend if that is something I should do.

Thoughts?



In light of all the above and the discussion that has followed, I think your approach with her is fine. She doesn't have an attitude and is willing to cooperate with the needed corrections. Since you do the 3 month filter install you have enough contact to monitor if the situation is improving. If things are looking good, praise her. She has motivation not to be forced out and with some people that is all they need to straighten up. Sounds like this will happen.

If you stay in the rental business long enough or if you acquire more property to rent, it is not a matter if you have to evict someone it is more a matter of when. It is not a bad thing to experience, as once you do it, you will realize it is not a terrible process. This will motivate you more to screen your tenants better and not be held hostage to your tenants in fear of not being able to replace them. I think this situation is being handle correctly, not because she is paying you above market rates, or that you live in a small town and finding qualified renters are more difficult. No, this situation is being handle correctly because YOU believe this tenant is trainable, she is apologetic and has an accepting attitude to make changes! This is the only reasons you should continue to work with her. Cheers!
schwack schwack
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AG
Hi Scrap - We are in this for the long haul! You actually gave us good advice back when we started this journey - 2015. The duplex/multi plan has worked well for us - not that there are that many of them where we live, but we have ended up with 2 duplexes, 1 fourplex & 11 single families = 19 tenants. So far, so good. Under contract on another single family with a nice size garage apartment, so 2 more tenants coming into the fold. Most of ours renew unless they are moving out of town or getting married. Even when they want smaller, larger, closer to town, etc., they generally wait until we have something come open. Our current tenants usually find tenants for us when something does open up - friends, co-workers, siblings...

This one has been different for us. She is a really decent person, just has some things to overcome & learn from, which we believe she will. We will be going in again next week to supervise her upgrade to fiber internet - tired of those installers doing crappy work, running wires low from the pole, drilling thru siding & interior walls - so now we meet them there.

Thanks again for the good information you've provided. You know your stuff!



schwack schwack
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AG
UPDATE: Situation resolved. She gave us notice & hired our cleaner to "make it right". Will be out by end of month. She is making some life changes & we wish her well.
ABATTBQ11
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AG
I guess that's kind of good and bad to hear. Situation is resolved, but hoping it all ends up alright for her.
schwack schwack
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AG
Things were a bit more complicated than my last update, lots of things we didn't know, but the end result was the same - she is moving out. She ended up checking herself in somewhere for help before giving us notice.

Her mother-in-law is helping her out with a place to live - turns out her divorce was never final prior to his passing & tenant is liable for all of his massive hospital bills - so his parents are helping her out. We are hoping the best for her .

Keeper of The Spirits
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Woof hopefully she just doesn't pay those medical bills or atleast tries to settle them for pennies on the dollars, with the divorce probably worth the credit hit to avoid paying them
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