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Soliel

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Posts: 30
Reply with quote  #1 
Hi.  I just rented to a seemingly "nice" young couple starting Dec 1st.

They seemed very nice then things went negative.

There is a shared space on the premises and he was starting to put in a personal shed.  I said "I am sorry that is not part of the agreement, you must run that by me first, the common areas are for everyone to use but not to store personal property".

Well, he reacted  vert negatively but I figured he'd get over it.  

The next day I thought of an option for the shed. I called him up very very friendly, left a message saying he could put his shed in MY backyard therefore would not clutter up the common area.  I also said if they got an attractive storage bench for the backyard that would be OK.  I also told him I understood his disappointment.

After that I got the rudest phone call ever.  

.  He also said "so many problems were with the unit".  I said "What things?"  Mind you the unit has new flooring, new paint, new refinishing of counter top and bathroom, even new shades.  He wouldn't answer. I said "You said there were problems please tell me what they are now".  He refused to answer.  He was just very reactive.

 I say "I can take care of everything...just let us up there for a walk thru". I offered the walk thru several times.  He ignores.

Finally he says they are leaving because I asked. I did not ask. I just said "I am sorry you are unhappy.  I am not going to force you here."  I just meant they can leave but they must pay up to the next tenant coming.

I said we can work out a new plan if they are not happy.

They are on a  lease.  Did my words ask him to leave? Did they nullify my lease?

In my view he seemed unhappy because of the shed issue and I couldn't make him happy...just was saying if he is really unhappy he can leave. But I did not say "I release you from the lease". 

The whole thing has gotten so ugly already and they've only been there three days! The unit is beautiful.

What would you do?  I told them they did break the lease, I did everything I could to make them happy and they have refused to talk to me personally.  

Its crazy!
LLinVA

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Posts: 225
Reply with quote  #2 
Just document everything that has happened. If he actually leaves you can go after him for the money to the next tenant, but I would put my energy into filling the space, not after his money. 

You did not release him from the lease. He never submitted any maintenance requests in reference to issues with the unit (may be a good time to make sure the process is clearly described in the lease) so you didn't mess up there. 

If he thinks he can do whatever he wants and act like a child when you say no, then you should be thankful he is leaving now and move on to a good tenant with a couple lessons learned.
DannyWilliams

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Posts: 6
Reply with quote  #3 
Quote:
Originally Posted by LLinVA
Just document everything that has happened. If he actually leaves you can go after him for the money to the next tenant, but I would put my energy into filling the space, not after his money. 

You did not release him from the lease. He never submitted any maintenance requests in reference to issues with the unit (may be a good time to make sure the process is clearly described in the lease) so you didn't mess up there. 

If he thinks he can do whatever he wants and act like a child when you say no, then you should be thankful he is leaving now and move on to a good tenant with a couple lessons learned.


^ Well said. I would let them go and save yourself the headache. You can easily go after them for the money, but unless you need the money or have trouble filling the space it probably isn't worth the effort.
Soliel

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Posts: 30
Reply with quote  #4 
Hi guys.  I found a new tenant for the 10th.  I got right on it.  So from the end of their 30 days their tenancy ends the 2nd.

I just opened a letter from a lawyer they hired or maybe it's just from legal zoom.

The letter is ridiculous.

It says "Prior to my clients moving in you made certain promises that you subsequently reneged upon.  These promises included reasonable use of the BBQ grill and sufficiently cleaning the unit.  When my client exercised their rights, you exhibited hostility towards them."

I cannot tell you how ridiculous this is.  I never prevented them from using their grill...it's outside there now.  The place was deeply cleaned as my friend did it (I have his receipts), and I put in new carpets and flooring and newly refinished counters and tubs and sinks. I have a video of the place.

He was so angry he said "so many things wrong with the place".  I said "like what"?  He said there is no toilet paper roll holder. I was like "we can take care of it but you have to let us in". Of course silence.

Has anyone ever got a letter like this?   I am going to follow thru with my rights under the law. That is they are responsible for Jan 1 and 2 as well as the days until the new tenant and for any cleaning that needs to be done.






LLinVA

Registered:
Posts: 225
Reply with quote  #5 
Is there an actual attorney's name on it? Does the letter actually threaten any legal action? Most likely it is a bluff. Does the lease have anything to the effect of 'entire understanding' that says the lease is the entire agreement and that any other agreements are not applicable? 
Soliel

Registered:
Posts: 30
Reply with quote  #6 
Yes it does. Letterhead and everything.

But they TEXTED me on CHRISTMAS EVE morning on a Saturday...

I asked "What kind of lawyer are you texting me on a Saturday morning on a major holiday?  Lawyers don't work these hours. Also you don't seem to know the laws.  What you are doing strikes me as unethical and I will investigate if you keep it up.  All your premises are false but you, of course, are not seeking the truth.  You are an embarrassment to the law office you supposedly come from.  Stop harassing me or I'll start making calls".

They stopped after that.  Today I discovered the lawyer was a "friend" on the woman tenants FB. So maybe he is a friend.

The signature looked very feminine. And some of the phrases he used were not professional like "stop being a bully, bully".

After that I said "It is not I who is the bully, it is you and my tenants who are bullying me. I have done nothing wrong".

Lawyer or not I feel OK.  I have done nothing wrong.  They are trying to intimidate me.  You know I pitied these kids because they had so much debt. I lowered their rent just out of kindness.  I let them move their stuff in days earlier because I know it's hard. I offered to maybe "share" my parking space because parking is so hard. But they are just horrible young adults.  Horrible.

OHlandlord

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Posts: 3,737
Reply with quote  #7 
Oh, if I had a dollar for every time a bad tenant threatened a lawsuit...  But they rarely have a friend write a letter.

Just hold off on signing a new lease until they are out.  Then do their deposit statement as required by your state law.

Ignore the threats by the attorney.  Reasonable use of a BBQ grill?  Really?  In December?  Maybe I'm just used to Midwest winters, but few people grill out here in December.   (OK, maybe a few do.)  And if you have cleaning receipts, you have that covered.  And I don't know of any state that requires a toilet paper holder in any law!!!  Just silly.  Were these "certain promises" in writing?  If not, they aren't promises.  None of these issues are legitimate reasons to break a lease.
promarketingforce

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Posts: 14
Reply with quote  #8 
This is funny, I love it when tenants start making crap up.. You have a lease, enforce that bad boy[wink]
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Soliel

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Posts: 30
Reply with quote  #9 
Hi guys. The drama is over.  They took me to court for "harrassment, emotional distress, breach of warranty of habitability, and breach of contract.

The lost on all of those counts. It's like they didn't even read the definitions of these charges.

The judge did give them back money for the lease because he said "if you accept their 30 day notice it nullifies the lease".

They left the courtroom quickly.

Horrible horrible kids. Did all sorts of dirty tricks with me from serving me right before court, trying to trap me into getting in trouble with the deposit, telling me to go thru the lawyer and then the lawyer ignores me (other than intimidation and threats).   They took everything I did that was kind to them and turned into something negative.   
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