Tenants, tenants... (lease, tenant, evictions, renters)

[Miaiam]

Hi guys, sorry for questions which might have been asked before, but I am looking for some advice here so please take a moment to read and discuss, and thanks in advance for that!
I have been reading many complaints from tenants (being one myself) and landlords (being one as well) in this forum, so I would say I am pretty impartial at this point, but I generally have a feeling that most tenants do not "stick to the lease rules", mostly in 2 aspects: first, they look for every opportunity to overlook/stretch rules, such as "LLs won't mind another (completely unknown and unmentioned) resident, or won't even notice it" and second, they treat LLs quite unfairly regarding timing, as "you took 3 days to fix x and I am freaking out, but I am paying late rent on a monthly basis and that is ok as long as I pay late fees." So how do you approach a tenant - kindly - and discuss things like that?
How would you approach a tenant that only answers you if it regards his needs? "I will answer your call if I need you to do something, but now that I do not want anything I am not going to answer the phone/answer emails, especially if I am the one missing payments"?
Also, in PA, what is considered "wear and tear"? I find this varies tremendously from answer to answer... let me give you an example: stormdoor was BRAND NEW and tenant called right after moving in saying the opening/closing mechanism was broken. Should I deduct it from his deposit? The repair was made by a licensed independent contractor. What is considered acceptable as proof of expenses?
Also, stained carpet/scratched hardwood floors/ dirty kitchen,bathrooms?
And what would you consider reasonable time in terms of hearing back from a tenant after contacting him? One day, one week?
Again, thanks much for your answers!

[casper324]

I've recently learned that tenants have more rights then property owners in many landlord/tenant issues so a landlord has to be on top of everything which in the tenants eyes can be a PITA landlord. As for normal wear and tear, no 100 holes in the wall is not normal wear and tear. Someone now has to Spackle and an paint those walls and that process is not cheap. You may have been able to avoid that charge by doing it your self and touching up the paint.

To be honest I don't know why anyone would rent a single family house out the hassle for me certainly was not worth it, 1000.00 in personal property removal costs, a destroyed cook top, broken closet doors and door frames, ripped screens, broken stairs, mold growing around the outside of the house, over ran tub or toilet resulting in a damaged patio door and kitchen ceiling that needs repair. cat pee that actually was so strong it removed glue from tiles, never used a water softener (required by lease) resulting in boiler and appliance damage, 100 + holes in walls from hangings, loose toilet that leaked........I could go on and on but the net net is about 7500.00 in damages from one family that rented for 2 years.

[ShaneSA]

You put out alot there. There are so many variables to each item.
As for number of occupants, it should be spelled out in the lease. If it is more, then say something. The sooner the better.
If you start out enforcing ALL the rules ALL the time, it is easier to let a tenant know you stick to the lease. I always question a situation with a tenant. Sometimes they give me an explanation that is plausable...mama visiting for a month, brother here for a few wekks. I get a date of departure and let them know I am just checking that rules are not violated. If it goes on, they get a letter.
As for contacting, if they do not answer my calls or letter...a personal visit is in store. I let them know, they cannot ignore me or my requests.
Wear and tear is not easy. But if you look at something and it is broken...smashed,,,bent, torn....it is NOT wear.
If when a tenant leaves and you have to scrub, clean, disinfect and remove trash...that is NOT normal. Leave it the way you found it is the simple answer. If you need to spend extra to put it back, then cahrge the deposit for the cost of cleaning. Painting is another issue. In Texas, you do not have to paint between tenants. If the paint is not bad, I don't repaint. If I have to repaint for dirty walls or lots of pacthing, then I may or may not charge the deposit, depending on the extent of painting and length of previous tenant occupance.
The key is being consistant and making sure the tenant knows you are consistant and follow through with terms of the lease.

[bentlebee]

^^^ I agree

On top of that...hardwood floor are not the best flooring for a rental. Cheap carpet or tile is much better to avoid to many costs and basically it all comes down to how well your lease contract is written.

I have most things specified in my lease from nails in the wall to what I expect from them to get their sec. deposit back. Of course most tenants never read a lease and don't even bother to read it when they countersue the LL.....

I have to add that there are also Slum Lords!

[Apple Sunday]

Originally Posted by ShaneSA

You put out alot there. There are so many variables to each item.
As for number of occupants, it should be spelled out in the lease. If it is more, then say something. The sooner the better.
If you start out enforcing ALL the rules ALL the time, it is easier to let a tenant know you stick to the lease. I always question a situation with a tenant. Sometimes they give me an explanation that is plausable...mama visiting for a month, brother here for a few wekks. I get a date of departure and let them know I am just checking that rules are not violated. If it goes on, they get a letter.
As for contacting, if they do not answer my calls or letter...a personal visit is in store. I let them know, they cannot ignore me or my requests.
Wear and tear is not easy. But if you look at something and it is broken...smashed,,,bent, torn....it is NOT wear.
If when a tenant leaves and you have to scrub, clean, disinfect and remove trash...that is NOT normal. Leave it the way you found it is the simple answer. If you need to spend extra to put it back, then cahrge the deposit for the cost of cleaning. Painting is another issue. In Texas, you do not have to paint between tenants. If the paint is not bad, I don't repaint. If I have to repaint for dirty walls or lots of pacthing, then I may or may not charge the deposit, depending on the extent of painting and length of previous tenant occupance.
The key is being consistant and making sure the tenant knows you are consistant and follow through with terms of the lease.

That's why I do periodic inspections. They are informed and it's in the lease. Inspection every 90 days at a time most convenient to the tenet. I don't care if there are dirty dishes, I don't care if they don't make the bed, I inspect for damages. If they're destructive, they are gone before they can do any more damage..!
No way should you wait two years only to find out the renters are destroying the place...

[EricBoyd]

I don't think you said what state you're in, but I strongly suggest you become intimately familiar with our state's Landlord/Tenant law. Just google your state along with that phrase, and it'll come up. I'll also recommend you speak with a local attorney who deals mostly with Landlord/Tenant law. They can provide you with leases and more than likely a large selection of addenda to complement that lease. If you were in FL, I'd point you to Evict.com - Florida Landlord Tenant Law Evictions Leases Information [] PM Website by HomeRentals.net.

[orangebird2020]

Well I am a renter, very respectful and have always gotten 100% of my deposits back and never a day late on rent. With so many personalities out there, its no wonder LL and Tenants battle it out on every issue. You almost have to date each other to see if it will be a good match so that when things come up, both sides can civilly discuss it and move on. When I look for rentals, I consider the personality of the landlord amount price, cleanliness, location, etc.

Normal wear & tear can be determined by looking in your own home. What things over time need routine replacements. Tenants should also return the property in the same condition in which they moved in, that's how I take care of the places I rent.

Sounds like its time for a meeting to hash all these issues out. Just be respectful and get ready to make compromises.

[Miaiam]

I did say I am in PA.
I am not venting frustrations and would love to hear your honest opinions as LLs. Personally I am a flawless renter and have a great relationship with my LL, so no need to discuss renters perspectives.
How do you guys feel about possible damages to your property? The current tenant seems nice, but what bothers me is that he is constantly paying late rent and has no problem with that. Never heard anything, not even an excuse.
And talking to him about that... I understand I have every right to stick to the lease (he should have declined it if he could not agree with any terms in the first place) however I have heard horrible stories of tenants who damage the property simply bc the LL wants to stick to the lease terms. One should be reminded the tenant is not doing any favor by taking care of the house and paying on time. He is receiving the right to use a well-cared for property and (if needed) maintenance services in return.
So, what do you guys suggest?! I would like to end the lease on a positive note, the last thing I want is to have any confrontation. I do have a spine but I am not really a person who constantly has a chip on the shoulder.
Thanks for the people who took the time to answer the post.

[ShaneSA]

If your goal is to end the lease, then follow what the lease prescribes. If it is a 30 or 60 day notice, put it in writing. mail one copy certified return receipt, one copy regular mail, and hand deliver one. that way, you have the positive proof of notification the lease ends. Do not discuss your reasons for ending the lease. Just say the lease will not be renewed. It's your choice, just as the tenant has the choice. Leave it at that. You have set up the president to allow late payments, do not get mad that they pay late. You enabled it and it continued. Both at fault.
We all, hopefully, learn from mistakes. Next time you will know better. It's how I learned.
Discuss only when the lease ends and inspections and deposit return. follow the lease and let the tenant know what you expect. It can be done professionally and calmly. If the tenant gets upset or wants to argue, then walk away.

[Miaiam]

Thanks much, Shane.
I have already sent him a letter that the lease will not be renewed. He asked me why!!! I could not believe it!!!

He put it in a way that seemed as if he thought it was pretty much his call only, such as "if I accept to stay or decide to go"...you get the idea.

Jesus, what a difference, when I was about to renew my lease (religiously paid rent and house immaculately kept - often get landlord compliments) I was contacting the landlord with the kindest words I have ever learned!

So he was more than surprised (I guess) and, oddly, could not have contacted me more quickly.
Anyway, I just said it was my right not to renew it. But after that he started to have a bit of an attitude... and obviously no on-time payment.
What do you suggest? There are 2 more months to be paid and I already mentioned the deposit will be returned based on LL inspection results. I took pictures of the property before he got in so no problems about that.

I have contacted him about late rent but as expected no response as it is nothing of his interest. Should I wait for the last day inspection to contact him at this point? There are just a couple months left so I want to have my property back and get paid for the remaining months, that is all.

Also, you mentioned the grace period... I meant he has been paying waaay over the grace period. For the next tenant, can i simply not give it? Just state a date for the rent to be paid and after that late fees?

And I also asked on the OP about the possible damage... how can I provide proof of expenses (repairs/cleaning) if needed? Is attaching receipts from services - with reasonable rates, of course - considered acceptable? I have been there a couple days ago and it is in good shape - just minor damages: a few carpet stains and nails on walls, but I am just concerned bc I asked him to move out and he clearly was not happy about that.
Honestly I have no idea why, when you sign a lease you do understand it is a two way thing: you have to want to stay, but most importantly if the LL says you have to go, you have to go, period.
At least with my LL it works this way and I understand that. If he tells me to move out after the lease ends it is a commercial thing, not personal. I would want to move out if he was a slumlord and he would ask me to move out if I were a bad tenant.