Okay, help me again - tenant trying to dictate when my plumber can come. She is insisting on Saturday and my plumber isn't available. Refuses to allow access during the week. OPTIONS?

I don't know your state law. Just had a hiccup with mine.

If your tenant called to have cable installed when would they come? A 4 hour window in my area, maybe on Saturday, maybe not.

I'm dealing with something similar to you right now. Tenant withholding rent until repairs are done. She told my contractor he has to work around her schedule. He is actually trying to work around it, but she is making it hard. All the while the countdown until eviction clock is going.

In Maine, the tenant doesn't have to be present when I come in with a contractor. The notification would be something like:

"Dear Tenant,

On Thursday, at 10:00 a.m., I will be in with the plumber to replace the kitchen faucet and repair bathroom tile. Please remove all items from the sink, the sink cabinet and the bathtub to aid in servicing the plumbing issues you notified us of. (Failure to properly prepare the area for service could result in an excess labor charge to you for the plumber to remove these items.) Your presence is not required.

We thank you for your cooperation in these maintenance matters."

Is she home during the times the plumber shows up and actually blocking entrance to him? If she's not home just make sure you have posted the legal notice to enter and go in with your key, preferably with a witness in this situation.

Consider adding a clause to your lease that says TENANTs must be present or provide access to the unit for repair or maintenance issues, and that failure to keep appointments will result in service calls charges will be added on to their next monthly rent.

For this current tenant, just give 24 hours notice of the date and time the repair person will be there, and give her ONE opportunity to reschedule if a conflict. Any demands for service during PEAK hours (i.e. extra charges for nightly or weekend work) will be at HER expense.

You TELL HER these things. She gets no input except for the ONE scheduling accommodation you agree to make, and she's responsible for contacting the repair person in a timely manner to reschedule or she eats the service call charge. Period. End of discussion.

For those responding with advice in this thread, I think it should be noted that this is a situation where there is an eviction in progress. Something to keep in mind since it often changes things a bit...

- John...

First of all I tell all my hoodlums that when they call me with a maint issue I will have my guys come over... They have a master key and will not be able to schedule around you... They will come, knock on your door and ring your bell... If you don't answer they will come in, do the repair, and lock the door behind them... They are not interested in stealing your greasy stove or taking any of your dirty laundry thrown all over the floor... They will even leave the penneys and dimes that are all over the floors...

Secondly, I tell them that we are way to busy to work around your schedule... If you feel you need to be home for the repairs to take place than you better plan on taking the next day or two off cuz I never know exactly when they can make it...

Thirdly, we have them sign a sub-lease that states that we can come in for repairs if requested by tenant without the tenant being home.

Have a good life,

Try another plumber.

Call Section 8 and ask for her social worker and get some corporation from them.

The tenant says it's urgent... so write the letter as above and you go there with your key and enter and repair. The tenant is not showing good faith. You keep on doing the right thing, find another plumber if necessary.

John, where did SUSAN NY say this is during an Eviction? Does my thread not contain all information? I see that you are the only one that mentions evection.

SUSAN, is he really a Plumber? Licensed? not available on weekends? REALLY? or is he just a guy that does some plumbing repairs for you? That doesn't make him a Plumber, that makes him a handyman that prefers to do plumbing. Call him what he REALLY is and if he can't work around others schedule, get someone else, a Handyman!

Plumbers, Electricians and HVAC Contractors must be licensed here in Indiana. I imagine they do in every state. If they are not licensed, they are just a Handyman that may prefer to break the law in one area of work. If a Contractor replaces a water heater, runs water lines or drain lines he MUST be licensed. If he replaces a faucet or toilet, he can just be a handyman. And so on...

SUSAN, you never stated what kind of repair needs done or if there is an evection going on. If water or drain is leaking, it is an emergency. If it is just something not working right, it is not an emergency.

Gary: Correct -- there is more to this situation. This is related to Susan's other thread here:

bbs2.mrlandlord.com/display.php?id=14104946

This is why I warned people and didn't reply here myself. In my opinion, it often changes things significantly.

- John...

Gary G - Yes, I am in the process of evicting my tenant - she withheld rent, then after I served her with the 3 day notice - she sent me a certified letter claiming there were repairs to be made.

Her list: Leaky kitchen faucet Leaky bathroom sink Leaky bathroom radiator Leaky toilet bowl Broken tiles in the shower (20-30) of them.

Yes, both my plumbers are REAL PLUMBERS - Licensed and insured. The plumber I prefer to use is the plumber who is familiar with the house and replaced the hot water heater, gas burner and all the plumbing to the kitchen and bathroom less then 3 years ago.

Keep records. If it is truly an emergency then your lease should state something about that (no notice needed in emergency situations, etc). I would "think" that even if your lease doesn't - you still have that right. It is in the NY Tenants Rights handbook (you should read that sometime if you haven't yet). DO NOT give this to your tenants - but it's good reading. Some things depend on where you are in NY (city versus not in the city basically).

Are the "leaks" that she mentions ruining anything? Meaning are they leaking on the floor or damaging your property? If so then it is (or could be) considered an emergency by you.

You have a few options here in my humble opinion: Determine the severity.

1. When is she scheduled to be gone? If in the next few days/week then I would hold off. What does it matter? Unless it's gushing water on your floors then a few more drops probably won't matter between now and next week. If you are JUST starting the proceedings for eviction then you just need to figure that part out. So in essence: Your option here is to WAIT it out.

2. Post and go in. Take control of this situation. If you determine that these need to be taken care of. Make the repairs that need to be made.

I had tenants that did something like this to me as well. They are sending you their "complaints" to you in certified mail because they were told to (or they know this is to help them in the eviction court). TAKE NOTES. KEEP DOCUMENTING EVERYTHING. They are thinking that if they tell you things need to be repaired but you didn't fix them - they win.

When you get to court, be prepared. They are going to tell major stories about you. Have all receipts, emails, texts, phone conversations (dates, times and what was said and who said it). Be prepared. Get statements from your plumbers too.

My tenants actually asked me about 3 weeks before I evicted them (again, they refused me and anyone else entry) "WHEN ARE YOU GOING TO FIX THESE THINGS!?" when I said I would go in today at whatever time .... they would come back with some excuse or another of why I couldn't ... I documented it.

THEY LOST IN COURT. Don't get me wrong - they tried. They said things such as "he wouldn't fix anything when we told him such and such whatever".

Cal, I'm in Nassau County. Thank you for the information. I have read the Tenants rights. To be perfectly honest I am afraid to enter MY house (and that's just not right).

She is a shrewd one, all of my communication with her for months has been text messages. She never calls, just texts me. I have downloaded and printed every text message from this year from her. I am actually sitting here putting together all of my documents for the lawyer tomorrow.

I have contacted her case worker, who in the last week has stopped responding to me. Will be going up that food chain!

I spoke with the water company today who advised me that she has used 25000 more gallons of water in the last 3 months then normal. They will do an inspection - Monday - Friday 9 am to 5 pm.

Susan,

DELIVER written notice of entry. Document this with photos and document her refusal of reasonable access for repairs. Makes her look bad in court.

BUT...