Profile picture for maya java

renting only for 2 months, never ending issues, need advice

it has only been 2 months since the tenants have started living in our house. And every day there are some complaints, when they moved in they wanted carpets cleaned again, carpets were cleaned the day before they moved in which they noticed while moving in, house to be cleaned. So they did those again and deducted 600 dollars from the first months rent. Then on sep 1, they called saying they are noticing a leak from the bathroom, which had drywall damage as well. The total cost of those were 500$.. When a handy man went in to correct the drywall they made him replace the microwave door, and garbage disposal without our permission, which the handyman charged an extra 300$, now it's October, rent for this month hasn't reached and they are saying they hear sounds inside the house from winds blowing, etc.. I have a feeling that they are trying to create problems not to pay rent. Please provide some advice
  • October 08 2013 - Streamwood
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Answers (41)

Profile picture for wetdawgs
Thanks for the update.  I'm glad you got the rent. 

Next month you are likely to have similar issues, so be prepared to initiate the eviction the minute the rent is a minute late.
  • October 18 2013
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Profile picture for user4679842
Yes they are evict them ASAP!! Don't wait any longer or you will regret.30 days notice if you don't want them and 5 days notice if they haven't pay rent. I have being through all this and its a nightmare!!
  • October 18 2013
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Profile picture for maya java
More updates.. We ended up visiting the tenants as advocate adviced. Went with a 5 day notice. The sound was just the toilet from upstairs.. Are they pretending innocent ??? I doubt it. Talked to them about 5 day notice and they said there is no way they can leave now. Gave us the rent also.. I still have a feeling that story will continue. Hoping going with a 5 day notice would help??
  • October 11 2013
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Think about canceling their lease or letting them OffThe hook(I don't believe you'll get any rent from them in a timely manner anyway). Get them outta there and get someone in there fast and start paying you your rental income. Just chalk this up to a learning experience and move on.
  • October 11 2013
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Profile picture for maya java
Yes thanks for the link provided Still reading a chance that the tenant can win the case.. If the teant wins the case, they can live there without paying money ?? That's such a frantic statement First thing tomorrow agin calling the attorney

yes we as well as tenant had real estate aagents when we asked our agent to be the property manager, they just opted out.

necer knew being a ll will end up losing sleepp it's just a 7 year old home.. 
  • October 09 2013
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Profile picture for wetdawgs
Please talk with your attorney.    If you take the time to read the link provided, you will have a better estimate on how long it takes to evict someone and what happens if you don't get notice.

During the eviction process they are not likely to pay any money.   

And yes, it is not surprising that you are in a financially difficult situation.

I'm sorry the real estate firm is not helping, but it sounds like you hired them to find a tenant and not to manage the property so they are out of the picture.   Depending on the situation, I may be tempted to sue them for providing the tenant from hell.
  • October 09 2013
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Profile picture for maya java
Hmm.. How long can an eviction process take ? And legally if we file for eviction can they not pay the money while eviction process is ongoing ? We are just in a very tough situation Again, we worked with a reputed real estate firm to get the renters, and they have just washed their hands..
  • October 09 2013
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If they have issues with the house, in most states they're required to escrow their rent money until the issues are resolved. They can't just NOT pay rent.

Technically they CAN live in the property without paying rent to you or putting money in escrow. It's called squatting.

You need to read your lease. If the lease states you can start eviction proceedings if rent isn't paid within x number of days, then go ahead and file an eviction notice AFTER that date. If you can't understand your lease (or options) contact an attorney.

This situation won't get better with time.

As a footnote, if they file a frivolous lawsuit, in many states YOU can file a suit requesting that their suit be vacated AND pay your  attorney fees.
  • October 09 2013
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Profile picture for wetdawgs
They can stay there without paying rent until  you evict them following due process of the law.   It is on your shoulders now.  You can let them live there for a year rent free, or you can evict them.     Don't be surprised if they trash the place.    I don't know any state laws that say that wind noise is something a landlord has to repair, that is frankly ridiculous.

If you follow the laws on eviction and they aren't out on the date they are supposed to be out, you can call the sheriff and you can change the locks.  It isn't fun.  This is why you need to work with your lawyer and the other appropriate professionals.

Research your local rules and regulations regarding tenant law prior to proceeding with an eviction. Certain areas of the state may have additional rules and regulations.
  • October 09 2013
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Profile picture for maya java
Can they leave in the house till the lease term is over without playing rent and not responding to the notice we give ?
  • October 09 2013
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Profile picture for maya java
Slight update, still no rent... Past oct 9th now.. We issued them a warning stating rent is overdue. Then the excuse is we need to solve the sound coming from outside, else won't pay rent or won't evacuate till lease term is over. Threatening us saying they will sue us in court.... Ha..
  • October 09 2013
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Profile picture for maya java
We do have a landlord policy , we converted our insurance to a landlord insurance before renting the property Setting the expectations with them- trying that one more time, but complains like wind sound doesn't need any explanations ! The day they reported the ceiling leak, it sounded like they had a big get together the night before. So obviously someone might have misused the bathroom,l situations like this also is ll responsible, ? As you all say its time to get then out, But eviction is expensive. Since they are professional tenants they may know that we won't go that route, Either ways filing report against the company who gave us these renters,
  • October 08 2013
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Profile picture for wetdawgs
Please note "renter's insurance" only covers their material possessions and does not cover your residence.  You are the one who needs to have insurance to cover the physical building.   It will not cover their material possessions.    Therefore, if they chose not to have renter's insurance and there is a flood, they have assumed the risk for their possessions (not you).  If the roof leaks and their mattress gets moldy, you are responsible for the roof and not their mattress.

  • October 08 2013
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It sounds to me like they are professional tenants that know how to play the system. I am certain that this is not the first time they have pulled this stunt. I would straighten them out today and set the rules or set them on their way. Please remember they have your keys! 
  • October 08 2013
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I would handle this situation sooner rather than later, in my experience tenants that demonstrate behavior like this are often the same ones that can damage property. It's important that they understand clear expectations and oversight by the owner or property management company.
Let your handyman know ahead of time that no repairs are to be completed unless authorized by you.
It may be worth putting a home warranty in place, this often reduces the cost of minor repairs.
If you don't have a landlord policy on your homeowners insurance, get one! This will help protect you if they do vandalize the property.
If rent is not received I issue a warning, impose the fine outlined in our lease agreement then start the eviction process. Unless we have some kind of agreement about rent being paid late this has to be set in stone. Delays in the process almost always cost more money.
Don't be afraid to tell them no about a repair that surpasses what's reasonable to expect you to handle. 
Good luck! I hope that they clean up their act or move along so you can put more workable tenants in place :)
  • October 08 2013
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Profile picture for wetdawgs
Ask for a copy of the rental insurance in writing (use a form for this request where you can get a signature they received it through the post office), give them a deadline with a penalty for not meeting the deadline. 

Ask the real estate agency for the move in inspection checklist if this was on the list of actions you had agreed they'd do with you, and give them a deadline.   Once again, this request needs to be more than verbal.

In some states, you can start eviction proceedings 3 days after rent was due.  Check your state laws, and let them know that you do intend to start the process if you don't see the full payment (no deductions for whatever silliness they may come up with). 

I've not yet seen a state law about renter's rights that says that a tenant shouldn't be able to hear sounds from the wind blowing.  They need to get real!!  This just shows you how out of touch they are with reality and how much they wish to steal from you.

Eviction is very expensive, but a tenant who doesn't pay rent and deducts repairs that are not approved can be even more expensive.  There are some tenants who are very good at squeezing every penny out of the landlord possible.    Therefore, you need to make some difficult decisions.   We are very fair landlords and with a tenant with a long history of payment on time will make some exceptions.   Your tenants haven't yet earned that.

Make sure you report the eviction and lack of payment of rent to the credit agencies.
  • October 08 2013
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Profile picture for maya java
Right, nothing was done. We asked for it multiple times also. They wouldn't be filling it out also I think. Which is negative for us. Can that be enforced now ?
  • October 08 2013
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Normally you would be the one doing the move in inspection list with the tenants present (or a property manager would do the inspection with tenants). Any contract changes now would only be enforceable if the tenants agree to the changes and sign. I would focus on knowing the existing contract and make sure they are in compliance with the terms.

  • October 08 2013
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The agent representing the agency that selected the tenant should have done a "move in/move out inspection" when they moved in. 
Sounds like that was not done and therefore if they damage something up in the house they can claim innocence and that it was already there.
The inspection would be your defense against that manuever.
  • October 08 2013
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Profile picture for maya java
Really appreciate all the answers.. ...
  • October 08 2013
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Is it possible to update the contract now ?? , also they haven't given rental insurance copy yet or haven't done a move in checklist...
  • October 08 2013
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Profile picture for maya java
Rent was due oct 5th
  • October 08 2013
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Usually when people feel the gauntlet coming down on them--in this case possible eviction--they get their act together.
So, lay down the rules and if they continue their cat and mouse game--pull the plug and begin eviction proceedings.
After all, you have a business to run--your rental property. And it is a business.
  • October 08 2013
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Profile picture for maya java
Just telling me to talk to the clients one more time and see whether things can be worked out... Before starting the eviction process..
  • October 08 2013
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Profile picture for wetdawgs

While you could hire a property manager, I would get the eviction process in motion today (if the rent was due Oct 1).   Today is passing quickly.   Have you called the attorney to set the eviction process in motion?  What does s/he say?




  • October 08 2013
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You can start talking to property managers in your area and see who can help you with this. In a nutshell, the tenants can not withhold rent whenever they feel like it. If they continue to complain about non-issues or being unreasonably picky- you can talk to them about dissolving the lease agreement, stating you are willing to let them go because they seem very unhappy with the property and that it's not going to work out in the long run if it continues to be that way. I would try this approach first, before hiring an attorney for eviction. You never know, you may get the message across without having the spend the $$ for eviction; however, if the tenants continue to be nasty about the situation, then definitely start the eviction process.
  • October 08 2013
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Profile picture for Neeraj Jassal
You should be able to hire a property manager even now.  That's their job - to shift the responsibility of the care of the home from the seller.
  • October 08 2013
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Profile picture for maya java
Yes we were trying to be a nice ll without bothering the clients.. But looks like they are taking advantage of the situation,. My other question, is it possible to try a property manager now or is it possible that no property manager will take this case as the clients are nasty?? And yes. I am almost to a point to write a blog about the weird experience we have with the agency which gave us the weird client and then have played numb. It's so hard to believe, the agency has such a high reputation !!!
  • October 08 2013
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Profile picture for wetdawgs
"What if if they are trying to make unrealistic reasons and then live there without paying rent ?"   Call an attorney TODAY about starting eviction procedings.    You are giving your tenants far too much credit.    Are these tenants two years old to be scared of the noises of wind etc?

And, after you get them out I'd write a review for the real estate agency that selected the tenant.  It would not be very positive.
  • October 08 2013
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Profile picture for Neeraj Jassal
It's pretty simple:  If they do not pay rent, they are breaching the lease and that is grounds to start the eviction process.

Based on the things they are complaining about, it is easy to surmise that they will never be happy with the home and will consistently be a thorn in your side.  You may have to bite the bullet and absorb the cost of the attorney/eviction.

Sorry to hear that you have gotten stuck with such tenants.  Unfortunately, it comes with the territory of being a landlord.
  • October 08 2013
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