can I get rid of tenant
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
can I get rid of tenant (by Adam [MA]) Nov 28, 2017 6:50 PM
       can I get rid of tenant (by Barb [MO]) Nov 28, 2017 7:03 PM
       can I get rid of tenant (by RR78 [VA]) Nov 28, 2017 7:05 PM
       can I get rid of tenant (by plenty [MO]) Nov 28, 2017 7:08 PM
       can I get rid of tenant (by AllyM [NJ]) Nov 28, 2017 7:27 PM
       can I get rid of tenant (by Steve [MA]) Nov 28, 2017 7:53 PM
       can I get rid of tenant (by adam [MA]) Nov 28, 2017 8:21 PM
       can I get rid of tenant (by Cacique [NJ]) Nov 29, 2017 12:04 AM
       can I get rid of tenant (by Andrew [ON]) Nov 29, 2017 2:59 AM
       can I get rid of tenant (by nhsailmaker [NH]) Nov 29, 2017 4:21 AM
       can I get rid of tenant (by Ken [NY]) Nov 29, 2017 4:23 AM
       can I get rid of tenant (by LindaJ [NY]) Nov 29, 2017 4:43 AM
       can I get rid of tenant (by cjo'h [CT]) Nov 29, 2017 4:45 AM
       can I get rid of tenant (by Vee [OH]) Nov 29, 2017 5:30 AM
       can I get rid of tenant (by S i d [MO]) Nov 29, 2017 5:36 AM
       can I get rid of tenant (by NC INVESTORS [NC]) Nov 29, 2017 8:44 AM
       can I get rid of tenant (by melinda [MD]) Nov 29, 2017 9:54 AM
       can I get rid of tenant (by Robin [WI]) Nov 29, 2017 11:01 AM
       can I get rid of tenant (by Lynda [TX]) Nov 29, 2017 1:03 PM
       can I get rid of tenant (by Landlord ofthe Flies [TX]) Nov 29, 2017 2:17 PM
       can I get rid of tenant (by Adam [MA]) Nov 29, 2017 4:51 PM
       can I get rid of tenant (by NC INVESTOR [NC]) Nov 30, 2017 11:53 AM
       can I get rid of tenant (by GKARL [PA]) Nov 30, 2017 3:37 PM
       can I get rid of tenant (by Busy, busy, busy [WI]) Nov 30, 2017 8:57 PM
       can I get rid of tenant (by Adam [MA]) Dec 1, 2017 2:02 PM

Click here to reply to this discussion.
Click Here to send this discussion to a friend

can I get rid of tenant (by Adam [MA]) Posted on: Nov 28, 2017 6:50 PM
Message:

Sorry,..this is rather long,...

We had a roof leak. This happens every once in a while. We had a handyman who did something,.... mainly I think cleared the center drain .,.. and it might be a year or more if would leak again. I think mostly because it's a flat roof of the center drain I think he caught in the drain backs up finally finds a way into the top apartment. Our handyman had to move away. We can find no one yet to wants to go up on this roof.

We have a relatively new tenant. She's very dramatic. Recently after a super heavy deluge of rain that went on for more than a day in which we got 8 inches of rain it leaked again. Approximately half bucket. She thinks is the most horrible thing in the world and the stains on a small spot on the ceiling and a little stain on the adjacent wall. Sent me pics,..I can hardly see them,..she is sure it must be toxic black mold.

The roof is a sort of rubberized material but supposedly much better than the usual EPDM and is supposed to last for 30+ years. I was up on that roof last year and it still looked pretty good although I can see a few seams they were just slightly raised, Years ago I used a glue from the same company that manufactured the roof to fix those. Looks like a small problem that can be fixed pretty easily at least at that time.

So after that deluge and the lady freaking out that is a stain on her wall part. and of the ceiling and the fact it's a very busy time for me,...we called roofers Not many in this area ,..a small town up in the hills,..

So some said they weren't interested, or that they were too busy but one from about 40 miles away said he could look at it. He came out with several guys and talked to the tenant. This woman is older and moved in her daughter with little baby. I've seen photographs of all the areas and in fact you can barely see anything wrong. What you do see could very well be just dirt. She uses"the baby"as a tool for everything. 68 was too cold for "the baby",... Noise from another apartment which in a separate building next door, was disturbing "the baby " etc., etc.

So he sent us an email saying this is an absolutely horrible situation that he should cut out big section and replace it. What's worse is he has deemed this is a biological hazard. He says he's going to have to report this to the town. The health inspector of this tiny health dept agency with three people on it and the inspector is a real real jerk and we don't like each other.

The roofer is saying that his professional opinion that I should close down the top apartment and move this family to a hotel/motel until everything is corrected.

That if I don't do this soon the danger is that the entire building will be shut down. In his email he put,..... now that you have formally been informed what the problem is, you can see that it needs to be done soon.

I have the feeling I'm getting the,... what is it called?,... Don Corleone thing,.... something like "sign the contract because I'm not leaving without your signature or your brains on",.. it or something like that.

I think it's a ploy to get the job and do a lot more than necessary. I do plan on asking for another opinion but I'm afraid in a short time he's going to be calling the town. If he does this and I'm forced to do a bunch of very expensive unnecessary work. That it will not be his company that will do it.

Anyone else have had a contractor who held a weapon over you?

By the way he submitted a proposal of $12,000 UNLESS they find more mold underneath the roofing material. Which I would be surprised if he would embellish that also.

At this point I think the tenant and the contractor feels they can force things. My main question is can "I" deem the property uninhabitable and have to be evacuated in order for us to fix everything? I have a feeling if she thinks she might have to move. she will start pushing the other way.,,, that it is in fact a minor problem. Actually I don't want to hassle with really tossing her out and just trying to use this as a tool. And I do understand that there is that problem someone complaining and then it is called doing a vengeful eviction. Is there any exception for something that is hazardous that you have to work on? I would publish the pictures of the small areas in question but but I don't this this site would allow that. --71.192.xxx.xxx




can I get rid of tenant (by Barb [MO]) Posted on: Nov 28, 2017 7:03 PM
Message:

Sounds like the "roofer" is one of those unscrupulous types who scams people.

First question - is it still leaking? You will likely need to get up there an do something. The issue is that it is highly likely that he leak in the roof isn't even close to the mildew inside. Water travels down the rafter until it finds a low point to come through. You'll need to open up the ceiling inside to remove the damaged drywall, then clean, insulate, drywall patch, mud and paint. After the leak in the roof is sealed, of course.

I don't pay for people to relocate to motels. They have renter's insurance for that. I might prorate their rent for day's not in the unit, but no way will I pay for the motel.

Have you considered putting a metal roof over the existing flat roof that it sounds like you have? I think I'd be tempted to call Lowe's or Home Depot before that shyster who is trying to threaten you.

--64.251.xxx.xxx




can I get rid of tenant (by RR78 [VA]) Posted on: Nov 28, 2017 7:05 PM
Message:

Since when does a roofer have to report anything to a town.

I would be so pissed off by his comments that I would never consider using him even if he would do it for half price.

Yes. whatever you do get another roofer. And clearly the tenant had something to do with what he said.

The tenant would get a 30 day notice to move. Use the excuse the top floor apartment will need to be closed to do the work. And you are not sure how long it will take. --73.177.xxx.xx




can I get rid of tenant (by plenty [MO]) Posted on: Nov 28, 2017 7:08 PM
Message:

I would offer her "The Happy Clause"

Move out on her own. You refund full deposit. No penalties. Referral letter. Whole bit.

Get another bid on the work. Get it started regardless if she Happily moves or stays. You should have met the repair man at the property and controlled the amount of communication between tenant and repair person. Get a second bid, met the person, prepare to move forward with repair, even if it hurts your pocketbook. Should have been done a long time ago. There could very well be alot of truth in the repair man's comments. Sometimes they are right. Its been an issue for too long. Time to fix it right and forever. Is it possible there could be an insurance claim made for the repair... Due to weather? Roofs do need to be replace from time to time. --66.87.xx.xxx




can I get rid of tenant (by AllyM [NJ]) Posted on: Nov 28, 2017 7:27 PM
Message:

Go online or to the phone book and start calling other roofers. This is not rocket science. Probably the little seams you saw are what is leaking. The amount he is suggesting is ridiculous. At this time or year, other roofers should be looking for work also. Flat roof buildings are a pain.

--73.33.xxx.xxx




can I get rid of tenant (by Steve [MA]) Posted on: Nov 28, 2017 7:53 PM
Message:

You mentioned 30 years & also said that years ago you fix some seams, how old is the roof?

Google Harvey Industries & ABC Supply to find a branch near you. Both of these are wholesale roofing, siding & window suppliers. Call & ask for some referrals for contractors in your area who do flat / low slope roofing. I'm sure one of the contractors who buys supplies from them should be able to evaluate your roof & offer a remedy.

As far as the existing tenant goes, IMO it's definitely time for the happy clause. --72.93.xxx.xxx




can I get rid of tenant (by adam [MA]) Posted on: Nov 28, 2017 8:21 PM
Message:

The roof is 11 years old,..its a JP Stevens product,..stuff seems indestructible,.about reporting things to the town,..don't forget, this is MA. Im not sure its a requirement but if someone does report anything "unsafe" THIS health board with only a couple of apt houses,..they would be SO happy to have something to do.

--71.192.xxx.xxx




can I get rid of tenant (by Cacique [NJ]) Posted on: Nov 29, 2017 12:04 AM
Message:

I have a bit for a linking roof for 13 thousand, I just cover it the with metal roof, it only cost me around 1800 in material and I installed myself,

Always get a least 3 different estimates for any job over a thousand dollar.

Lets every men women and children in your town know what the contractor try to do to you, so nobody else will hire him. --173.61.xxx.xxx




can I get rid of tenant (by Andrew [ON]) Posted on: Nov 29, 2017 2:59 AM
Message:

I agree....happy clause......and more estimates....and document everything now. And no more just sending contractors to talk with your tenants. --70.30.xx.xxx




can I get rid of tenant (by nhsailmaker [NH]) Posted on: Nov 29, 2017 4:21 AM
Message:

In Republic of Taxachussetts - all bets are off.

I would deam it NOT habitable and void her lease - give her the deposit and tell her to immediately vacate

Fix problem once and for all and re- rent --24.34.xx.xxx




can I get rid of tenant (by Ken [NY]) Posted on: Nov 29, 2017 4:23 AM
Message:

I would tell him is not doing the job and to go away so I never hear from him again,if he doesn't I would tell him my attorney will be contacting him with a lawsuit for torturous interference of my business and I will contact the attorney generals office and talk to them about him being a scammer.The only thing he will understand is someone who can push back,he is a bully and will back down when you show the ability to fight back --72.231.xxx.xxx




can I get rid of tenant (by LindaJ [NY]) Posted on: Nov 29, 2017 4:43 AM
Message:

"I have seen pictures of it"... have you gone to look at the situation yourself? Sometimes just showing that YOU are interested in keeping the place safe and that YOU are working on it goes a long way to placate tenants. Working from a distance and just sending people there does not do that.

I would give her a month to find an other place, because work needs to be done, as the others have said. --96.236.xx.xx




can I get rid of tenant (by cjo'h [CT]) Posted on: Nov 29, 2017 4:45 AM
Message:

Adam ,you have two extra people who are not on the lease,you have to redo your lease..y lease says any people not on the original lease is $100 per month per person and have to fill out application and pass credit check screening.So they all have to go.Charlie...............................................I worked on the local PowerStation some years ago,worked with Guido's cousins,sorry I didn't keep their Phone numbers ,If I had them, I would be glad to pass them on to you,things like that work both ways........................................... --174.199.x.xxx




can I get rid of tenant (by Vee [OH]) Posted on: Nov 29, 2017 5:30 AM
Message:

I agree with sending her down the road, takes months to grow mold if mildew is neglected. I did not do well in drama class you may have but anyway you need to find someone who can fix the roof properly before the crummy weather arrives, get a few prices - that roof guy can go live with this tenant at her new place. --76.188.xxx.xx




can I get rid of tenant (by S i d [MO]) Posted on: Nov 29, 2017 5:36 AM
Message:

A common tenant trick is to violate the lease then find "problems" with the building to try to get leverage against the land lord so he/she is afraid to act. You are not afraid and will not be intimidated by her shenanigans.

Tenant moved in unauthorized occupants and therefore has violated her lease. Call her today with "Happy Clause" and offer to refund the full deposit if she's gone in 72 hours, or inform her you will file to evict on Friday. Her choice. Taking option 1 (she moves out pronto) is the only way she's getting any money back. Make sure she understands that...there is not third option where she gets to whine and stay put. You're done with her.

Meanwhile, regardless of what she does, get the roof fixed immediately. Take 5 buckets of roof tar up there and slather it on everything if you have to, or whatever it takes to make this roof water proof for the next 12 months. We're looking for an inexpensive temp fix while you get more bids. Rip out the stained section of drywall, dry thoroughly, and patch. That should take less than 1 day and cost less than $300. Get it looking good so that she has zero, zip, zilcho to gripe about on your day in court. Take good pictures to show the judge.

You're in charge. Take control. Land LORD up! --173.19.xx.xxx




can I get rid of tenant (by NC INVESTORS [NC]) Posted on: Nov 29, 2017 8:44 AM
Message:

I think everyone has pretty much said everything there is to say. Tenant goes and fix the roof.

This was an entirely avoidable situation had you simply showed up to meet the contractor.

The only time I don't meet a contractor is when I send one of our regular contractors. My contractors know they must talk to me before telling the tenant anything unless it is something very minor. Otherwise it is my responsibility to inform a tenant and only when it may affect habitability and or inconvenience them.

--75.181.xxx.xx




can I get rid of tenant (by melinda [MD]) Posted on: Nov 29, 2017 9:54 AM
Message:

I would offer to let her out of her lease. Once this problem tenant is gone I would find another person to fix the roof. Your first roofer sounds like he is a crook. We have had numerous experiences with workers and the local Housing Office inspector who listen to each tenant's complaint and then react as if what they are told by the tenant is the landlord's responsibility to correct. --24.233.xxx.xx




can I get rid of tenant (by Robin [WI]) Posted on: Nov 29, 2017 11:01 AM
Message:

You have two problems: a roofer who is blackmailing you with threats of reporting you to the city inspector, and a drama-prone tenant.

It sounds like the roofer could cause you real problems. Since you don't want to hire him, the only way I can see to defuse that threat is to motivate the tenant to work on him.

"Granny, I hate to tell you this, but I'm afraid you, your daughter and granddaughter are going to have to find somewhere else to live in the next five days. It seems that the roofer you talked to thinks the amount of water that came in was a biological hazard. I can't let your precious granddaughter live somewhere so hazardous, and it's going to take several weeks to schedule a roofer. I wonder if you might have overstated the problem a little and want to talk to the roofer about what really happened? Maybe the leak isn't as bad as he thought when he talked with you."

Then get someone ELSE to fix the problem ASAP. That way when the city inspector shows up you can show him your receipt from A&B Roofind and tell him his services are not needed.

And I'd get rid of this tenant. If she's complaining about noise in a separate building, you will never hear the end of her. --204.210.xxx.xxx




can I get rid of tenant (by Lynda [TX]) Posted on: Nov 29, 2017 1:03 PM
Message:

Thank you Charlie. You saw the problem and posted before I could even read the rest of the responses. The problem here is that the tenant "moved in her daughter with little baby."

Is the daughter and baby on the lease?? Did she have your written permission?? The tenant broke the lease by moving in unapproved occupants. First she needs a Cure notice (or what ever MA calls it)that she is in violation of the lease. If she doesn't cure within the allotted time she gets a notice of increased rent to cover 2 new occupants. If she doesn't pay it, she gets a notice of eviction for non-payment. Its part of running your business.

The roof leak is a different issue--but the urge for SPEED is being driven by the illegal occupants. She is making a BIG issue of the leak is to divert your attention and keep you too busy and too flustered to handle the breach of the lease.

Do exactly what Sid said--get someone up there ASAP with tar or whatever needs to be done to holdout till @ April then fix correctly or put on a new roof. Have the contractors park their truck in the tenant's driveway so it is visible and memorable. Have the receipt ready to show any inspector who shows up. Same inside: visible and memorable! Have the drywall contractor cut away a square in the ceiling and stand on a ladder w/upper body in the attic where he will dry the wood, apply Mold-Out (or whatever) then make a big production of drywall/spackle/paint. This inside work could (?) take several days of disruption while the "mold-out" dries before the hole can be covered and the operation finished.

When the tenant comes back to you about the Cure notice and the raised rent tell her she is free to move out immediately--but if the rent isn't paid on time--eviction is in her future. She will not want to pack up and search for new digs 3 weeks before Christmas. I bet she will start to back-peddle.

I would also make a Memo For Record (MFR) and state in chronological order what happened starting with her moving in new tenants. Date of the Cure notice, comment it is not cured, when/date you were notified of the leak, number of calls made to find a roofer, everything that happened and its final outcome. Good luck, Lynda --108.87.xx.xxx




can I get rid of tenant (by Landlord ofthe Flies [TX]) Posted on: Nov 29, 2017 2:17 PM
Message:

Tell roofer he has the job but it needs to be put off for 3 months to give tenant enough time to move. That will keep him silent. Have roof rebuilt before those 3 months and he has no job and nothing to complain about. --108.69.xxx.xxx




can I get rid of tenant (by Adam [MA]) Posted on: Nov 29, 2017 4:51 PM
Message:

Wow! thank you for all the great advice! Actually Robin I've been thinking almost the exact same thing, and Sid that's good advice also. The rest of you have bits and pieces that are great.

To those who say I should of been out there and that would've diffuse the situation well things are often more complicated than one knows. About two months ago I came down with acute Lyme disease. A few people have called me annoyingly too active. I am or was pretty athletic taking two or maybe three stairs at a time to,... holding onto the rail and now pulling myself up one step at a time and out of breath after five steps having to wait before I can take a few more. For a guy who would get 5 to 6 hours asleep I've gone to wanting 10,...plus several long naps during the day. My joints are killing me with swollen knees shoulders wrists and ankles.

I've seen some of the best Lyme doctors around and doing both conventional and alternative things but thus far it's been a real battle. I really can go out there much less climb a ladder to get on the roof. It's also very busy time for me in my other job, which I'm struggling every day just to make it through and feeling like I'm doing a lousy job of It.

If you want to know little bit about the battle there is a new book out called "believe me"by Yolanda, I guess she was part of the housewives of Beverly Hills or something, TV show and had to quit because of contracting Lyme. She shows her journey which is quite extensive, having a fair amount of money she went all over the world it seems trying to find therapies. I haven't finished the book yet but what I have read is very interesting.

Don't get lyme whatever you do! I just learned from a top entomologist who was studying the deer tick and has said that they are active all winter! You tend to think an insect is pretty frozen at a low temperature. He said the only time you're safe is if there's snow on the ground more than half an inch, but if there is a windswept area with leaves you probably be able to find deer ticks in that patch.

Lyme can change your life it can infect your heart and cause heart block, your brain so it's very hard to focus and think, especially your muscles and joints and it can be dormant for weeks, months and even years so the people who think that they beat Lyme,(Ie I HAD Lyme) may not know that they probably never fully get rid of lyme. It can form a biofilm around it and hide until conditions are good where it then breaks out they can re-infect you. It's more prevalent in the Northeast but also there are dense pockets in the Midwest that have a high rate of Lyme. Some experts think that it could spread across the US pretty fast from this point.

Couple more things the little buggers are almost impossible to see,.. the worst ones are about the size of the poppyseed and often like to embed in you in areas that you have a hard time ever seeing. If you don't take doxycycline within 48 hours it probably then becomes chronic Lyme. Since I contracted this I can't believe how many people I found that are kindred spirits. They have all kinds of stories and responses. Some better and some worse of mine, I ran into two people one guy was diagnosed with ALS and told he had two years to live if he was lucky and found that essentially it was Lyme. Another one told me a family member was diagnosed the same. Apparently got aggressive Lyme treatment and now that diagnosis has been rescinded instead of living only two years they're living pretty well.. The fellow I know it's been years since he contracted Lyme and is looking pretty good. Okay I'll get off my soapbox now it's just that I've been kind of passionate about this because I think people have a need to know. So many medical doctors do not know how to treat lime correctly.

Oh yes the test for Lyme is not the most reliable considered the best tests are only 65% accurate. I know some doctors won't start treatment until the tests come back by then your toast also since the test is antibody test may take weeks for it to show up in a blood test. Okay okay I'm done now. --71.192.xxx.xxx




can I get rid of tenant (by NC INVESTOR [NC]) Posted on: Nov 30, 2017 11:53 AM
Message:

Adam:

I'm sorry to hear about your current struggle with this insidious disease.

I watched the golf pro at our club suffer through this for two years. For the first year he travelled around the country seeking treatment. This was almost 15 years ago when there really weren't many DR. who could diagnose it let alone treat it.

Today he is fully recovered and doing great except for some stiffness which he attributes as much to getting older as he does to any lingering effects of Lyme.

Shortly after he came down with Lyme we all went for the injection to prevent Lyme disease. Even though the drug was proven 90% effective they stopped making it due to low demand. So now I carry a can of Deet in my golf bag and use it until the first full freeze.

It is my sincere hope that you have a full and speedy recovery.

--75.181.xxx.xx




can I get rid of tenant (by GKARL [PA]) Posted on: Nov 30, 2017 3:37 PM
Message:

Wow, thanks for the education about Lyme disease. That is no joke. Best wishes and prayers for your recovery. --207.172.xx.xxx




can I get rid of tenant (by Busy, busy, busy [WI]) Posted on: Nov 30, 2017 8:57 PM
Message:

Oh blast! That Lyme disease is awful. Hope you are recovering.

Might be time to consider a helper or even a property management company so you can focus on health and other job. 'Course, you mentioned small town, finding the helper or prop manager might be a job in itself. Best of luck. --172.58.xxx.xxx




can I get rid of tenant (by Adam [MA]) Posted on: Dec 1, 2017 2:02 PM
Message:

Thanks guys for your concerns about me. It's a struggle every day is a new day and have a positive outlook.

North Carolina isn't one of the worst states for Lyme, but Pennsylvania sure is,so is most of Wisconsin. You can Google something like Lyme map of the United States. However it spreading so fast that just about every state has had people contracting line.

As far as the vaccine that's not exactly correct, what happened was as Lyme testing is so poor in accuracy. You can have Lyme without the test being positive. They found that the vaccine,. if given and you indeed had Lyme that didn't show up,in many cases made much worse. The company that produced it cannot stand the liability of that and that's the why they pulled off the market.

Tonight I'm sitting here in my den and trying to get up the energy to crawl up the stairs to bed. I just don't have the power my legs to do it well. Some days are worse than others and some days aren't so terribly bad that it does give me hope. Again thank you for your comments. --71.192.xxx.xxx



Click Here to send this discussion to a friend
Report discussion to Webmaster


Reply:
Subject: RE: can I get rid of tenant
Your Name:
Your State:

Message:
can I get rid of tenant
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: