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juniorsenior

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Posts: 1
Reply with quote  #1 
Greetings, All, and thanks for any light you can shed on my situation. I'll try to keep this as brief as possible.

My husband was transferred for work 5 years ago. We wanted to rent our home out until he retired, but I know nothing about landlord / tenant law. Also, I had two 90-year-olds to care for (his Mom and mine). So I hired a property manager to rent our house until we returned.

Our PM rented my house to a single man who was late on his first month's rent, caught up a couple of months later, and has been alternately behind and caught up for the last 5 years.

When I first called my PM she explained that my tenant had cancer, had lost his job, would soon have money again, and etc. etc. I met him once and yes, he was jaundiced and clearly ill. So I've tolerated his late payments, since he generally tries to catch up when he can. Whenever he got more than a month behind, though, I've called her to check on status. (She never, ever calls me, unless repairs are needed -- and I readily make them.)

I've not asked her to raise his rent to keep up with area rents. Again, I understood that he was still sick.

Recently, my tenant has fallen almost 4 months behind. I should have called my PM more quickly but I kept expecting that he'd catch up, and my mother became ill and died in this same time frame.

Up to now, I've been torn between being paid vs having a sick man evicted. But I looked him up on Facebook and found that my property manager has "friended" him, has given a "thumbs up" to some of his posts, is pictured with him at local functions, and shares a last name with his cousin. I also find that he was ill well BEFORE he rented my home.

Has my PM breached her duty to me by renting to a friend -- one she may have known was sick and couldn't pay -- and by advocating for him when he fell behind on rent? Yes, I agreed to wait for the rent whenever she asked me to. But I didn't know at the time that she had a personal relationship with my tenant, and a potential conflict of interest.

I assume I can evict this tenant if I want to, but are there other choices? I'm thinking about asking for a co-signer to his (month-to-month) lease, some type of catch-up plan, or...?? I am not a professional and have no idea what options are possible. I'm certainly going to hire a new PM, either way. I am conflicted and could use some sage and dispassionate advice. 

Thank you for reading this far!  

 




stacey5675

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Posts: 1
Reply with quote  #2 
There is a conflict of interest for your PM and tenant. They clearly have a relationship outside of a professional one. This isn't fair to you.
Of course its sad that he has cancer, but you can't lose your investment and let your life be affected the entire time he is sick. That is the responsibility of his friends and family, not yours.
Having a conversation with your tenant and PM about this is a good idea. Let them know you are uncomfortable and why. And also let them know that late payments are no longer accepted. If he can't afford his rent, he needs a roommate or to move.
If you continue to feel uncomfortable and have issues, please hire a new PM. You've been very gracious so far and it would be a shame for you to lose your financial stability due to this issue.
ahkenaten

Registered:
Posts: 156
Reply with quote  #3 
Stacey5675 is absolutely right. The pattern the tenant shows is letting you know that this will not end well for you (and possibly him). You both have different priorities. He needs to keep up with his treatments and stay alive. You need to get solid return for your investment without drama. He's handling his priority just fine, so you need to handle yours. I say evict. If you're feeling charitable, you can let him know ahead of time that you have to file for eviction, giving him a little bit more time to find a place of his own. But staying in this situation when you don't have to doesn't make sense. Good luck!
BritneyR

Registered:
Posts: 221
Reply with quote  #4 

 Did you evict the tenant?


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