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Tenants moved in - problems already - what now

Started by shamrock
over 12 years ago
Posts: 89
Member since: Nov 2007
Discussion about
Comments and advise welcomed.... Tenants moved in 1 May A few teething problems re issues in apt which technically are not my issue (and which previous tenants never had issues with) as apt rented "as is" but for goodwill I have indicated I would get fixed (scuff mark on wall, new shower hose, remove wal picture hooks and replaster and paint). Issue 1 - they say there is a problem with electricity... [more]
Response by Goldie
over 12 years ago
Posts: 182
Member since: Apr 2007

Just my thoughts, but seems very odd. If they're worried about scuff markets and picture hooks, they can fix it themselves unless you promised to do it prior to signing contract. If the shower hose was broken, you should fix. If they don't like the existing one due to aesthetics, they can replace.

You don't detail what the electric problems are. If you had working bulbs when they began the lease, then replacements are normally their problem. If there are electrical problems they can contact the building super and let him investigate.

Since you have been advised there may be people staying on mattresses in the living room, you should investigate, assuming you have the right of entry for inspection in your lease agreement. I assume you would also have limits on the number of people living in the apartment.

Normally, the tenant would ask the building for the exterminator, it's never a good idea to exterminate one apartment in a high rise, the cockroaches only move to the next apartment. Maybe the building sent around an exterminator and your apartment didn't get sprayed.

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Response by Boss_Tweed
over 12 years ago
Posts: 287
Member since: Jul 2009

You rented out an apartment with scuff marks on the wall and picture hooks still there? Yuck. Glad you're fixing that.

Why do you care that they have a mattress or seven on their floor? They paid rent on time, yes? Frankly that "(not sure if this is "temporary")" comment sounds creepy.

Call an exterminator. Better yet, send one every month. Or every six months, if you're a cheapskate. Roaches don't get "imported" in rice bags and mattresses and you should know that.

You're a landlord. Take care of your property.

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Response by shamrock
over 12 years ago
Posts: 89
Member since: Nov 2007

Goldie
Thanks for helpful comments.
Re scuff marks and shower head and picture hooks, I had no problem offering to get this sorted
Re electrics, I have been told that they broke bulbs in sockets whilst trying to change them and this caused shorting to happen.

Boos Tweed
Comments noted but no response required

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Response by vslse65
over 12 years ago
Posts: 226
Member since: Feb 2011

"apt rented "as is" but for goodwill I have indicated I would get fixed (scuff mark on wall, new shower hose, remove wall picture hooks and replaster and paint)."

When we rent our properties, we also rent "as is" and it's a part of our lease/riders. If there're any issues, it's in writing as to what we will correct/repair. We use a checklist (like when you rent a car), to further document any repairs that we will take care of and have the incoming tenants sign.

"Issue 1 - they say there is a problem with electricity and lights. But I have separately been led to believe that this is caused by them breaking some light fitting bulbs. They have asked for me to fix things."

Sounds like a "he said, she said" situation. If there is an electric problem, obviously it needs to get repaired. As to who ultimately pays for it, will depend on not speculation, but fact finding to determine what actually caused the problem. If there were no problems before they moved in and you can back it up with facts that they were the cause, you should charge the tenants & put in writing (certified mail, etc...) that they are liable. If they don't pay, you may be able to deduct the amount from their security deposit at the end of their lease. I would however consult a RE attorney to verify the correct procedure before deducting any money from their security deposit.

"Issue 2 - I have been advised that they have put some "old mattresses" on the living room floor and parents are staying in apt (not sure if this is "temporary")"

Visitors are fine and legal, as long as it's not a long term situation. Again, I would consult an attorney as to what NYS has defined as a "reasonable" amount of time.

"Issue 3 - they have advised me that there are cockroaches in apt in kitchen. It's on 32nd floor and have never had issue before. They have asked for an exterminator. I have been advised that they have lots of open containers of rice in kitchen and it appears to me highly likely that the cockroaches were "imported" by them either in the rice bags or old mattresses."

Another problem that should get addressed regardless of who is at fault. As exterminators are relatively inexpensive, this seems to be the least of your worries for now.

In the end, if what you say is true, it sounds like you ended up with a high maintenance/PIA tenants. I would consider it a lesson learned and use better tenant screening procedures in the future. Curious, did you get references from previous LLs? Personal & business references? I know my comments aren't very helpful with your immediate headaches, but once the tenant has moved in, not much you can do but ride it out as best as you can.

Good Luck

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

The fact that it was rented with scuff marks and the like - presuming this isn't a short term rental - set you up for problems.
Scuff marks, you should fix. Electrical you should fix and you should not attempt to charge your tenant unless they obviously took a baseball bat to the fixtures. Vermin you should fix.
The occupancy situation you should investigate.

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Response by Snuffles
over 12 years ago
Posts: 173
Member since: Apr 2010

hmmm mattresses on floor with 'family'...Are you sure you didn't rent to gypsies?
they pay up front and basically cause lots of problems and then will demand a 1 time payoff to leave.
previous neighbor accidentally rented to them and took 1+ year to evict as they maximize and work the court system.

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Response by alanhart
over 12 years ago
Posts: 12397
Member since: Feb 2007

Use Combat bait traps for roaches (or similar with SAME active ingredient, not the one used in Raid traps). They kill whole nest, rather than chase to next apartment. They must be placed against walls, in scattered locations throughout apt., especially in wet areas and where roaches have been noted.

Putting them in yourself will give you a stealth opportunity to inspect apartment. Repeat every six months. Document refusal to enter apartment on two days' notice (or whatever lease says).

Suburban landlords use monthly AC filter-changing similarly as a way to gain entry, and see at least some of what's going on in house.

And by the way, Boss_Tweed's comments should not be dismissed so completely. You're running a business.

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Response by Guywithcat
over 12 years ago
Posts: 329
Member since: Apr 2011

renting an apartment "as is" does not mean much unless you want to play that hand in a courtroom during a lawsuit or hearing. The issue is what you really need to do or should do to balance saving money with being one of those landlords people hate. Find your comfort zone...

Also, screen for personality next time you rent.

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

I agree with Catguy.

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Response by front_porch
over 12 years ago
Posts: 5319
Member since: Mar 2008

If you have a 32nd floor apartment, it's likely in a building with regular exterminator service - every other Wednesday or whatever. Call the property manager and make sure that your apartment is included in the rotation, and let your tenants know when he is coming.

Be responsive on issues like this and see if they "settle in." It seems too early to tell whether these are going to be long-term problem tenants or not.

ali r.
DG Neary Realty

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Response by renterjoey
over 12 years ago
Posts: 351
Member since: Oct 2011

Why would you rent an apt with scruff marks and wall picture hooks still tacked onto the walls? Yuck!! That's a first impression that probably will set the stage for prolonged negativity to follow. You're basically telling them indirectly you really have very little respect for them as new tenants.

Did you do a credit and financial background check on these tenants? Excellent credit ratings usually corresponds to very good tenants.

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

I agree with renterjoey

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Response by bugelrex
over 12 years ago
Posts: 499
Member since: Apr 2007

If you think these are real problems, you should rent the move 'pacific heights'.
Just think of this as a business, not personal. When your customer/business has issues they need to be addressed in a professional manner.

You should take electrical complaints seriously, huge liability issue if something was to happen and you just 'ignored' it.

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Response by alanhart
over 12 years ago
Posts: 12397
Member since: Feb 2007

Hi greenberg!

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Response by shamrock
over 12 years ago
Posts: 89
Member since: Nov 2007

Thanks all for comments. Issues are not being ignored and are being dealt with

Thanks Ali R for wise advice as always

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

>they have put some "old mattresses" on the living room floor and parents are staying in apt

So that's the way it is in their family.

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Response by columbiacounty
over 12 years ago
Posts: 12708
Member since: Jan 2009

SE, why?

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

C0C0, are you the tenant of shamrock?

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Response by columbiacounty
over 12 years ago
Posts: 12708
Member since: Jan 2009

SE, why?

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

shamrock, are you renting to Jason10006?

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Response by kharby2
over 12 years ago
Posts: 279
Member since: Oct 2009

Tons of great advice here, except I would emphasize what does your lease say? You do have a lease, don't you.......

Fix everything and if new issues keep coming along, hang on until the lease runs out, and then don't offer to renew.

But nothing you list here is excessive or noteworthy *except* parents apparently moving in. Occupancy is legally tricky. I would call my lawyer on that one, that worries me for a number of reasons. Get some good advice on that.

If they want to live with open containers of food there is little you can do about it. As a real estate agent pal of mine recently said, most people don't live cleanly enough, that's the norm. (She actually said it more, um, harshly.)

But-- you rented an apartment that wasn't up to local standards, what you describe is *not* how it's done around here in middle class housing, baby, so you invited that kind of tenant.

This is one reason why I prettify my units between tenants. It does make the slobs a little uncomfortable, often they go away, plus of course I can get better rent.

I'm a LL by the way, multi family housing, and I hire property managers, been doing this for years.

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

shamrock, did Jim Hores represent you as your broker in this transaction?

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