Tenant broke lease rules

My property manager was checking on a roof leak on my property. When she gets there she sees a cat. She doesn’t quite remember the lease rules so she doesn’t say anything to the tenant yet. A few minutes later she hears a dog barking in the room. She checks the lease rules and verifies that I have a no pets rule on the lease with this tenant. She calls me right away to report. This tenant is only a month old and I just spent about $4000 on repairs and new flooring on this house before he moved in because of dirty past tenants.

Any suggestions on what to do? If he was dishonest about having pets, I’m concerned about what he’ll be dishonest about in the future.

At the same time the roof leak may have caused water damage inside the walls. That might cost significant repairs. Finding a new tenant may add additional financial costs.

What property manager calls their client to report this kind of thing?

And for that matter, what PM doesn’t know their rental agreements well enough to know if pets are OK, or not; don’t know if they received a pet deposit, or not; and/or calls the client to inform them that the tenant has just violated the terms of the lease.

Something is fishy here. :anon

If this story is accurate, it’s time to get a new property manager, before you worry about getting a new tenant. Just saying.

“What property manager calls their client to report this kind of thing?”

What do you mean? Wouldn’t you want to know about roof leaks and lease violations? She wants to know what I want to do about the lease violation. Whether I ask for a pet deposit or ask the tenant to vacate. I am looking for other perspectives on lease violations before I make a decision.

She has a lot of properties she manages. I’m sure I couldn’t remember right away about each one if I was in her position. The point is she checked right away on the lease and told me. I have no problems with the manager. I’ve had her for 8 years, and her services are not the point of this post.

Hi,

Although I use the same rental agreement for all my residential rentals and I allow pets with additional deposit in some properties it is impossible for me to remember without looking at all the specific terms of one individual unit as I have so many agreements on file.

So a property manager with a lot of accounts may not remember from day to day the specific terms in the contract without reviewing the document.

          GR

Check the laws in your areas, but I think it’s pretty common for someone to get 30 days to cure the violation of the lease. Your notice periods for non-payment of rent do not apply in this case because the pets are just a general lease violation and don’t fall under the same time restraints as non-payment of rent.
You’re right about future dishonesty. They signed a lease saying no pets and they didn’t care about that. You can expect them to not care if/when they pay, not repainting your walls, etc. You have no real time invested in this new tenant. They just decided to not play by the rules from the start. I’d send him a letter saying he’s got 30 days to find Fido and Fufu a new home or he can find a new home too.

I remember going to a house a couple years ago to do some work and our tenant had a new puppy (pit bull - not authorized per our insurance company and explicitly listed on the application and lease). I told her the dog had to go or she and her kids would be finding a new place to live. The dog went away, but then later on she tried moving out with no notice. We took her to court for unpaid fees and damage and was able to recover all our money on that deal. Peple will see how far they can push you.

Get some coffee. This is a huge post…


I’ve been in this business since Moses let me manage his condo on the Nile.

Your manager either has too much going on, is disorganized, or just incompetent.

To answer your question(s); Yes we want to know what it costs to fix the leak. As importantly, we want to know how come we weren’t informed of the leak before it became a catastrophe.

Depending on the answer, we either continue with that manager, or fire them.

This leak didn’t just happen yesterday…

And no, we don’t want to hear about the tenant’s violation of the lease terms.

That’s why we hire managers; to keep us out of the day to day operations.

Either way, failing to make it clear to the tenant what the rules are, and the consequences of breaking the rules; failing to make it costly and inconvenient to break the rules; failing to have the lease agreement on an iPad so any lease terms can be addressed in real time; and just failing to have a uniform lease agreement across all properties; all tells us that your manager is an unpredictable hack.

The issue “IS” about OUR failure to manage our manager, not just our manager’s failure to manage our tenants.

I realize you’re coming here for advice, because your manager can’t seem to handle a standard pet violation without involving you in the deal, much less address a roof leak, before it becomes a disaster.

So, you’re looking for answers to overcome your poor management approach.

Here’s the first part of the answer:

Management problems are ALWAYS a management failure.

Tenants don’t manage themselves. They lie. They cheat. They take advantage. They consume. That’s just the facts.

So… our job (responsibility) then, is to manage our manager, not manage the day-to-day operation, much less our lying, cheating, dishonest, advantage-taking, consuming tenants.

As far as the roof is concerned; this tells us that we were offering bargain rents, because tenants with bargain rents don’t call about repairs …until it’s too late.

This may be one reason we ended up spending a boatload of money after the last tenants moved out. Their rent was too low for them to risk telling us about anything, including a leak in the roof.

That’s another clue our manager was/is a lazy fathead.

Adding insult to injury, our manager failed to do a 3-day follow-up on the current tenant’s move-in inspection.

That was the time for the manager (and tenant) to verify, review, and approve the conditions of the house, and list any defects not seen/noticed/covered in the initial inspection, thus limiting everyone’s liability for future damages, and reducing disputes over future abuse and extraordinary wear and tear.

It was also a time to let the tenant ask about pets, and/or to review the lease terms regarding pets, care of the lawn, sprinkler timers, and what not.

Our manager did not do this. And now look.

The defensiveness of the management company seems strange.

Our experience has been that clients are ready to blame the manager for their hang nails, if not tenant’s damages and violations…

This manager must be either a relative, or a close friend, for us to jump to their defense so quickly.

The fact that our management company is opening a discussion as to whether to evict the tenant for violating the lease, or not, just screams ‘amateur.’

In the event of default, we give the tenant the option of complying, or moving. We don’t want to make that decision for him. Our first objective then is to salvage the situation, if at all possible.

Otherwise, the marketing money, the repair costs, and lost rents, all become that much more potential, unrecoverable overhead.

We want the tenant to live by the rules, take care of the house …and stay put.

Sometimes, it takes about three or fourth months to train a new tenant about how to handle himself. This is more the case with lower-end units, in our experience.

That all said, a good management company insists the tenant abide the terms of the lease; makes it painful not to comply; collects the rents on the due dates; monitors the condition of the property in such a way as to mitigate against catastrophic repairs.


DIY Remedy:

  1. Make sure that any violation of the lease agreement becomes an element of default.

  2. Notify the tenant of the default and the ability cure the default within 24 hours.

  3. With the default notice you post a 30-Day Notice To Vacate/Termination of Agreement Notice (which you cancel once the default has been cured, if it is cured). You’re not giving the tenant 30 days to cure the default. Your giving them 24 hours.

a) You charge $150 to cure any default. You’re not charging for the default. You’re charging to ‘cure’ the default. There’s a difference.

b) It’s best to provide an incentive to comply within 24 hours by waiving any penalties.

c) In the event they’re not going to cure the default, you’ve got the ability to enforce the ‘vacation’ notice.

Finally, if your manager doesn’t charge a default fee; doesn’t automatically post a conditional notice to vacate; doesn’t have a default clause in the agreement to cover violations of the lease terms; doesn’t have a copy of the lease on her iPad to reference the property she’s visiting (just in case the tenants want to have a discussion about their violation of terms); doesn’t exercise enough initiative to deal with a tenant in default, without calling you, much less do the obvious… you know you’ve got a crappy manager.

Forget second-guessing whether the tenant is dishonest, or not. They’re all dishonest. It’s up to your manager to require the tenant have something to lose if they don’t abide by the terms of the lease. Huge deposits keep everyone honest.

I’m betting your tenant only put up a small deposit, and only one of the tenant’s has any credit, and that’s probably marginal.

That’s a lot to post, and I hope it helps you manage your manager more effectively. :beer

Great post Jay.

I agree 100%.

I appreciate everyone’s input. I’m still reading through all of them.

I had to go really low with the rent with the last tenant because of the economy. That might explain why they didn’t care to report on the water leak. It’s only now that I finally got back to good rent.

I called my insurance agent and she said rain events should cover these damages (minus my $1000 deductible of course). Until I file a claim, I don’t know if everything would really be covered (roof repair, wall repair).

So basically, I have to open up the walls to see if there’s damage/mold. Are there other ways to test if there’s damage?

It is with the best intentions that I will point out that you are doing absolutely everything wrong.

You need to raise the rent to market rent, get rid of the tenant, and especially the manager. This is all just the beginning.

You need to get a book and educate yourself on these items. Start here:

http://www.johntreed.com/HTMRP.html

I meant I had to lower the rent with the “last tenant” before this one because it was not renting for several months. NOW it is finally back to market rates.

As far as the managers go, this house is in a small town in Louisiana. Property managers are simply real estate agents. I don’t think managers that meet your standards are present in that area.

I can tell there is a lot here I don’t know about the situation you are in, but it’s clear to me that you can’t be successful with the situations you describe. To me this mens that you either do the management yourself or sell the place and buy in a market where decent managers exist.

You need to buy the book though. Maybe not specifically that book but one like it.

I say all this AS a property manager who manages my own rentals. You hire people like me because it removes you from the day to day decisions and keeps you from having to be the “bad guy.” If your manager isn’t doing these things they need to stop managing property. Collecting rent is easy. The job of a manager is to manage relationships.

Oh man, I wish I got more answers to my actual questions. :slight_smile:

Thanks to the few that actually answered some of my questions. I do appreciate input on areas where there are possible room to improve though.

What? Really?

We answered your questions …thoroughly.

You asked for suggestions on what to do with your tenant and your roof. What did we not answer? It wasn’t what you wanted to hear, evidently.

The rest of my post addressed your unwillingness to accept that your manager is the problem, not your tenant. Actually now, after reading your responses here, it occurs to me it’s not your manager, or your tenant, it’s you that is the problem.

No disrespect intended, but you’re not getting this, or your not being honest about the situation …or honest with yourself.

Calm down, sparky. I think only 2 people answered my actual questions (including you, thanks for that). The rest are just posts on how crappy my manager supposedly is.

I also asked this question that apparently got lost because of the other posts:

“So basically, I have to open up the walls to see if there’s damage/mold. Are there other ways to test if there’s damage?”

I didn’t ask for advice on property managers, that is why I didn’t really want to get too much into those posts.

This manager has made me a lot of money and saved me a lot of money throughout the years. I’m not just gonna get rid of her based on posts from strangers. I hope nobody runs their lives like that.

You can get a “mold” specialist to come out and sample and tell you that there are mold spores there.

Your house being in Louisiana, I would expect there is always a 100% chance of them finding mold spores.

Since you don’t have a baseline of what the mold count was before the damage it’s somewhat pointless to have this done.

How extensive was the roof damage? If the sheet rock got soaked, I’d probably replace it. If it was light damage that dried out quickly, I wouldn’t sweat it until something showed up on the outside of the wall.

LOL…he call you ‘Sparky’, Jay…can we all call you that?

shinydiscopants - that was pretty rude. I suspect you’ll catch more flies with honey than with vinegar. For what you pay, you’re getting excellent advice here…

Keith

"Any suggestions on what to do? "

This is the only question I see in your post.

I don’t think Jay gets to decide what we call him.

Thanks Pete. I’ll look into your suggestions.

HA! I’ve been called much worse, by better than discopanties…! :biggrin

Living in denial seems to work so well for some, I think I’m gonna try it for a couple of days, to see if my managers look any better. :beer