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Posts: 12
Reply with quote  #1 
Hi! I've been reading these forms off and on found lots of useful information.  I've owned a few rental properties for about 9 yrs.  I've come across a few problems for the most part everythings pretty calm.   I have a few questions maybe someone can provide in site to. 
 1) I have a mostly seniors renters, one of them is terminally ill, my question is if she dies, how do I go about the deposit, do I have to return it to a family member or the courts? She is the only one on the lease, her daughter is temporally staying with her while she's ill. 
2)  I've had a tenant for 10 yrs. never any problems with her until the last 3 yrs. when her adult children started coming around, currently her daughter comes and stays for a few nights with her three children, they are noisy when they are there, the tenant below calls every time they are there, I've documented all the complaints over the years.  The tenant herself is no problem. Both of her adult children have been in jail recently.  I don't know how to solve this short of eviction. I even told the tenant below to call the police if the noise is that bad. (She hasn't done so) I've mentioned about the peace and enjoyment clause. Any suggestion?
3) I have no pets on my lease, one tenant asked if she could have a bird because her work is giving her the one they have at their office as a gift for her new promotion, I discussed this with my spouse and was told to let her have it because she had to deal with the noise from up above and a few other minor problems, I was not in total agreement but said ok, but if I got complaints then she'd have to get rid of it, then she told me of the neighbor having two rabbits in cages, she said you didn't hear that from me.  I previously warned this person of a cat, my question for this is they do not have a telephone, only a work number, so I have no way of giving an advance notice to go into the apartment, can I go in without notice since they have no phone?  Thanks for any advice.  Sorry so long just needed to get it all out.


Posts: 3,817
Reply with quote  #2 
Ok, I'll try to give short answers.
1.  Get the daughter on the agreement if she is staying there (UNLESS it is a rent controlled area) or you may have an unauthorized tenant once the actual tenant dies.  You also will have a problem with allowing access to the unit once the tenant has died.  Normally you should lock the unit up and wait for the court to appoint an executor to take care of the estate so the tenant's valuables don't end up missing before probate.  If she has a relative on the same lease, that solves the access problem.  If not, let the daughter vacate when she dies, lock the place and get a court paper allowing someone in charge of the estate entry.  (Any execuor agreement will suffice.)  Send the deposit to the executor of the estate.

2.  Are the children unusually noisy, or are they just making normal noise as children will do?  Perhaps this tenant is not used to having children live nearby.  Explain to the other tenant that you need documentation from the police to prove disturbances in order to evict.  Get her to call the police and make the disturbance report, which you copy and place in the file.  Send notice to the tenant with noisy guests that you have received many complaints over the noise that her/his guests are making when they are there and tell them they are disturbing the peaceful enjoyment of other tenants, neighbors, etc.  Ask them to be respectful of others and keep the nose down.  You may also want to remind her of how many visitors she is allowed to stay per her lease (if there is a clause in there).

3.  I'd never allow a bird.  If the tenant allows it out, you should see the mess a bird makes in a unit.  Birds can't be trained to use a litter box or to sit at the door when they need out.  They just go wherever.  If the tenant is elderly, they may not clean it up well.  But since you have already allowed it, have them sign a pet addendum for their lease listing the pet, its description, name, and the owner's responsibilities for care, maintenance, and clean up.  As for the other tenant with the unauthorized pets, post notice on the door of the unit at least 24 hours prior to entry and take a photo (dated) with your cell phone or digital camera.  Or take a photo with the newspaper headline & date in the picture.  Keep a copy of the notice.  Include your phone number for the tenant to call you (but don't put off going in).  Then go in and inspect.  If pets are found, issue a violation of lease notice or a perform or quit notice (whichever your state uses) and give the appropriate time to remove the pets.  Then post notice and go back & inspect for the pets.  If they are not gone, you can evict for this.

Posts: 12
Reply with quote  #3 

Just wanted to say thank you to OHlandlord for the information, I especially concerning the illness question.

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