Tenant tear up lease
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Tenant tear up lease (by Joe [MI]) Oct 30, 2018 5:50 PM
       Tenant tear up lease (by David [MI]) Oct 30, 2018 5:58 PM
       Tenant tear up lease (by Deanna [TX]) Oct 30, 2018 7:36 PM
       Tenant tear up lease (by bet [MA]) Oct 30, 2018 7:48 PM
       Tenant tear up lease (by Still Learning [NH]) Oct 30, 2018 7:49 PM
       Tenant tear up lease (by plenty [MO]) Oct 30, 2018 7:55 PM
       Tenant tear up lease (by TOM [FL]) Oct 30, 2018 8:56 PM
       Tenant tear up lease (by TOM [FL]) Oct 30, 2018 8:56 PM
       Tenant tear up lease (by JB [OR]) Oct 30, 2018 11:35 PM
       Tenant tear up lease (by NE [PA]) Oct 31, 2018 3:52 AM
       Tenant tear up lease (by Vee [OH]) Oct 31, 2018 4:47 AM
       Tenant tear up lease (by S i d [MO]) Oct 31, 2018 5:41 AM
       Tenant tear up lease (by Joe [MI]) Oct 31, 2018 6:37 AM
       Tenant tear up lease (by NE [PA]) Oct 31, 2018 6:54 AM
       Tenant tear up lease (by Nicole [PA]) Oct 31, 2018 7:23 AM
       Tenant tear up lease (by Barb [MO]) Oct 31, 2018 8:38 AM
       Tenant tear up lease (by Barb [MO]) Oct 31, 2018 8:38 AM
       Tenant tear up lease (by Scott [IN]) Oct 31, 2018 11:24 AM
       Tenant tear up lease (by John... [MI]) Oct 31, 2018 11:52 AM
       Tenant tear up lease (by NE [PA]) Oct 31, 2018 1:22 PM
       Tenant tear up lease (by Joe [MI]) Oct 31, 2018 2:12 PM
       Tenant tear up lease (by Robert J [CA]) Oct 31, 2018 2:30 PM
       Tenant tear up lease (by WMH [NC]) Oct 31, 2018 2:58 PM
       Tenant tear up lease (by Scott [IN]) Nov 3, 2018 8:57 AM
       Tenant tear up lease (by Nellie [ME]) Nov 3, 2018 12:10 PM

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Tenant tear up lease (by Joe [MI]) Posted on: Oct 30, 2018 5:50 PM
Message:

Tenant reported seeing a few cockroaches. Seeming a small problem, so I told him to use roach killers by himself. He agreed. I did not hear from him for 17 days until Oct. 17 when he complained again after using chemicals. I asked him send me photos so I can forward to pest controllers to assess the situation. He failed to do that. On Oct. 23, to my surprise, he sent me a text saying the roach problem was preexisting so he hired an attorney to terminate the lease on Oct 31, 2018. I hired Orkin Pest Control to treat the problem on Oct 25. Orkin report says the infestation is minor and the house is habitable for residents. My rental permit from the city has been valid. My question is: can this tenant terminate lease unilaterally like this? I suppose he is trying to sue me for moving costs and the rent he already paid, plus health damages he might imagine, while he still owes $9900 unpaid rents per the lease. I need help to defense! --99.90.xxx.xxx




Tenant tear up lease (by David [MI]) Posted on: Oct 30, 2018 5:58 PM
Message:

Is $9900 a typo? Did you mean $900 or $990?

Anyways, you have written documentation from professional pest control. If the tenant continue complain, send happy letter. --50.4.xxx.x




Tenant tear up lease (by Deanna [TX]) Posted on: Oct 30, 2018 7:36 PM
Message:

Did you know about it ahead of time? See any signs during turnover?

If so, did you warn him? "Hey, this is a problem. So far, I've done x. I'll continue to do y for the next z amount of time. If that's a dealbreaker, let me know. I'm so embarrassed, but I'm doing my best, and I've got it mostly taken care of-- but it's not 100%."

Everyone has always been very understanding, on the two or three occasions where that came up. They know that's not how I do business; they see me making an effort; and I put them in a situation where they choose to move into a house that has a minor problem. (Because I would certainly not allow anyone to move into a house with a major problem!) But the key is giving them the choice, and putting them in a situation where they accept the inconvenience of their own free will. --96.46.xxx.xx




Tenant tear up lease (by bet [MA]) Posted on: Oct 30, 2018 7:48 PM
Message:

For any housing/ health code violations a Landlord has the responsibility to fix. This does not give a tenant a valid reason to terminate a tenancy. --74.104.xxx.xxx




Tenant tear up lease (by Still Learning [NH]) Posted on: Oct 30, 2018 7:49 PM
Message:

It sounds like you didnít do anything until a lawyer got involved. Next time, donít rely on a tenant photo. Go and inspect yourself and then make a plan based on your lease and what you see. --24.61.xxx.xx




Tenant tear up lease (by plenty [MO]) Posted on: Oct 30, 2018 7:55 PM
Message:

Did he just move in Oct 1st?

I have gotten the roach call just to find out they are wood roached not the bad kind. And certain times of the year, if the house is in the woods these wood roaches appear. --99.203.xx.xxx




Tenant tear up lease (by TOM [FL]) Posted on: Oct 30, 2018 8:56 PM
Message:

WELL Welcome to Florida Tree Roaches: Big Roaches.

I guess the same size as the wood roaches that Plenty mentioned are in MO.

Basisly Nuisance roaches. Buy large ranch motels will kill them!!!

Counter the suit by this tenant. Most likely they wanted out and this was an excuse to leave. --99.56.xx.xx




Tenant tear up lease (by TOM [FL]) Posted on: Oct 30, 2018 8:56 PM
Message:

WELL Welcome to Florida Tree Roaches: Big Roaches.

I guess the same size as the wood roaches that Plenty mentioned are in MO.

Basisly Nuisance roaches. Buy large ranch motels will kill them!!!

Counter the suit by this tenant. Most likely they wanted out and this was an excuse to leave. --99.56.xx.xx




Tenant tear up lease (by JB [OR]) Posted on: Oct 30, 2018 11:35 PM
Message:

You should have been more proactive up front when you first heard the complaint. The first delay and then after he contacted you again you put it on him again. Multiple counts of lack of action on your part could come back to bite you in the azz.

More than likely he just wanted out of the lease, but because you mishandled it from the get-go he will likely be let off the hook and this one could cost you.

Your best hope is to get a signed statement from the pest control guy with his expert opinion of the situation. Or better yet, pay him to come to court in your defense if it comes to that. --24.20.xxx.xxx




Tenant tear up lease (by NE [PA]) Posted on: Oct 31, 2018 3:52 AM
Message:

You'll never see that $9900. I say let him move and once he's out, wait the 30 days or whatever it is to send him the SD accounting. Keep his deposit towards owed rent and send him a bill for the balance. $8,500 or whatever it is. You'll never hear from him again. --50.32.xxx.xxx




Tenant tear up lease (by Vee [OH]) Posted on: Oct 31, 2018 4:47 AM
Message:

I agree with the others, you need to be proactive with bugs especially this time of year, did the tenant sign a movein report showing the unit in good condition? What did the previous house look like when you did an impromptu visit? I guess the atty is going to want to break the lease and mitigate the remaining months off, so get ready to beat the bug problem, clean the unit at outgoing tenant expense and rerent. --76.188.xxx.xx




Tenant tear up lease (by S i d [MO]) Posted on: Oct 31, 2018 5:41 AM
Message:

$9900 owed in rent?!??

Please tell us that's a typo.

In general, NO, a tenant cannot unilaterally terminate a rental contract/lease. But you need to know your state's laws if you're going to be a land lord. I'd spend $200 to buy 1 hour of a local, experienced, land lord/tenant attorney's time to get educated and a CORRECT answer.

Here's how it works in my state, regarding habitability issues:

1) If tenant has an issue that affects habitability, he must notify the land lord in WRITING (verbal doesn't count!) and allow "reasonable time" to correct it.

2) If the issue is found to be the land lord's responsibility, he has a "reasonable time" to fix it. Reasonable is in the eye of the beholder and may vary somewhat based on how major the issue actually is. Example, if plumbing line collapses, that could take 1-2 weeks to get a crew with backhoes to pull permits and get it scheduled. If the water heater is out, that should be done in 3 days or so. Note: in SFH's, the land lord is NOT obliged to pay for pest control. I specify in my lease we only warranty bug free for the first 30 days, and bed bugs are excluded. What does YOUR lease say about bugs/vermin/pests? If it says nothing....fix it now.

3) If the land lord fails to fix an issue that is his responsibility, the tenant may report it to local code officials who schedule and inspection. If the code official agrees with the tenant, formal notice is sent to the land lord to make the repair. 10 days for repairs are allowed for land lord to respond and challenge the necessity of the repair. If the challenge fails or is never made, the LL has to make the repair again "in a reasonable time."

4) If the land lord still fails to fix the issue, the tenant may fix it/hire someone to fix it and deduct UP TO $300 from the rent. That's the max. Their alternative is to sue the land lord in court and have a judge terminate the lease.

That's the process. There is no "tenant gets to tear up the lease". There is no "tenant hires an attorney to invalidate the contract." There is only ONE WAY the contract is terminated: in court, by a judge, AFTER the tenant has followed the entire process outlined above.

Most tenants don't know the process to obtain relief when they believe they have a valid complaint against a land lord. They also don't know what is/isn't a legitimate habitability issue. They also don't know what is/isn't the land lord's responsibility under their state's laws. This is why they lose in court: they watch too much Judge Judy and try to "wing it" based on what their drunk uncle Judd heard worked for his roommate back in 1982....

Do you know the processes and responsibilities? Knowledge is power.

I suggest spending time and and a few bucks to get educated by a professional (hire a local LL / Tenant attorney). It's cheaper than having a judge educated you in court if you did something wrong. This is a business, and we need to know our trade. There are plenty of pitfalls that can get expensive, and "Your honor, I didn't know" is not a defense. Ask all of my tenants who refused to pay rent for X or Y reason....they all had misconceptions and the judge had to straighten them out (i.e. evicted them, gave me a money judgment)

Good luck!

.

--173.20.xxx.xxx




Tenant tear up lease (by Joe [MI]) Posted on: Oct 31, 2018 6:37 AM
Message:

Thank you, folks, for all your helpful discussions. Please note my situation: 1. Previous tenants never reported roach problems; 2. When the tenant texted me a few photos showing a couple small bugs that seem to be roaches, he agreed to treat the problem himself; 3. when he formally asked me to take care of it on Oct 23, I acted next day by myself; 4. I hired Orkin Pest Control, the largest pest control company in the US, on Oct 25 to assess and treat the problem; 5. Orkin Pest Control, after carefully examine everywhere, found only 1 grain-size roach baby. Orkin report says: "roach infestation is minor. The house is habitable for residents." Orkin technician even said: the roaches could be brought in by the tenant himself during moving!

I think I have covered my ground well. To be honest, I would not like to keep a tenant like this. If he would make a big fuss for a couple tiny roaches this time, he could do the same when a fly comes in or a few ants crawl inside! Though he had good credit score, but the score does make him a good tenant.

I have talke to a real estate lawyer yesterday. My laeyer said, this tenant does not have a strong case, especially when my rental permit is valid and I acted promptly. Habitalbe or inhabitable is the key. If the pest control says the house is habitable, my city will follow the same suit. I think I can rest assured now.

--99.90.xxx.xxx




Tenant tear up lease (by NE [PA]) Posted on: Oct 31, 2018 6:54 AM
Message:

Don't count on the city being on your side. As a matter fact, try to keep them out of it at all costs. Go with your gut and get rid of this clown. --174.201.xx.xx




Tenant tear up lease (by Nicole [PA]) Posted on: Oct 31, 2018 7:23 AM
Message:

any Orkin man who says there is one tiny grain sized baby roach should be fired. aren't there about 50 babies in each of those capsules? isn't there usually a mama and a daddy when babies are present?

also, you won't get the entire $9900 rent ... most jurisdictions will limit your recovery to a few months ... you will need to mitigate your damages to get it re-rented.

my questions would be: multi unit or single family home? how long has the guy lived there?

allow him to leave, keep your place empty for 30 days while it gets professionally treated, re-rent and move on... --72.70.xxx.x




Tenant tear up lease (by Barb [MO]) Posted on: Oct 31, 2018 8:38 AM
Message:

You don't want this tenant. Say to him:

After reading the report by the Orkin professional, the home is deemed habitable. That said, we understand that you are not happy in the home. We want you to be happy in the home. As a result, we are happy to offer our Early Lease Termination policy to you.

You may pay the Early Lease Termination fee to cancel the remaining months of your lease. We will then agree, in writing, to release you from further rent on the home. The Fee is: $XXXXX.

Make the fee about 6 weeks of rent. Less than 2 months.

Let them out. Then, re-rent and Landlord UP!

Look for an early lease termination agreement or a early lease buy out agreement. --131.151.xx.xx




Tenant tear up lease (by Barb [MO]) Posted on: Oct 31, 2018 8:38 AM
Message:

You don't want this tenant. Say to him:

After reading the report by the Orkin professional, the home is deemed habitable. That said, we understand that you are not happy in the home. We want you to be happy in the home. As a result, we are happy to offer our Early Lease Termination policy to you.

You may pay the Early Lease Termination fee to cancel the remaining months of your lease. We will then agree, in writing, to release you from further rent on the home. The Fee is: $XXXXX.

Make the fee about 6 weeks of rent. Less than 2 months.

Let them out. Then, re-rent and Landlord UP!

Look for an early lease termination agreement or a early lease buy out agreement. --131.151.xx.xx




Tenant tear up lease (by Scott [IN]) Posted on: Oct 31, 2018 11:24 AM
Message:

Your lease should state that "tenant has been offered 1 day before move in to hire a professional inspection. On move in day, Tenant agrees that the premises is free of vermin. After move in, tenant accepts all responsibility for vermin control." --107.141.xx.xxx




Tenant tear up lease (by John... [MI]) Posted on: Oct 31, 2018 11:52 AM
Message:

It bugs me a bit that you replied, but ignored a BUNCH of different people asking you to clarify the amount owed. It doesn't make sense that they owe $9900 in rent when this all happened THIS MONTH.

Did you even read what most of the people replied with here? If so, why didn't you answer to clarify the amount of the rent?

- John...

--24.180.xxx.xxx




Tenant tear up lease (by NE [PA]) Posted on: Oct 31, 2018 1:22 PM
Message:

Scott, that's a great idea, but how do you present it if it's in the lease and they don't see the lease before it's signed? --174.201.x.xxx




Tenant tear up lease (by Joe [MI]) Posted on: Oct 31, 2018 2:12 PM
Message:

John, $9900 is not a typing error. The tenant signed a 1-year lease, paid just one month. $9900 is the remaining unpaid rents per the lease. The lease has a rent-acceleration clause, which says if the tenant becomes default, all rents become immediately due. --99.90.xxx.xxx




Tenant tear up lease (by Robert J [CA]) Posted on: Oct 31, 2018 2:30 PM
Message:

I had a tenant, a lady with 8 children and a husband. They get a free ride each week to the local Latin market were her grocery purchase is placed in cardboard boxes, not bags. The boxes are from shipments to the market, stored in the alleyway. The boxes are invested with roach eggs.

I've told my tenant, given my tenant letters and finally a notice that she is not allowed to bring roach infested items onto the property. This is 5 homes on a lot.

So after leaving the boxes stored in the pantry, her house became a breading ground for the roaches she took into her house hold.

I immediately hired a professional pest control company. They sent out a supervisor and technician. I paid an extra $100 for a written report with photos. They removed all of the roach infested materials, used my provided plastic transparent tote containers to restore food and treated the entire house. My cost for their service was around $300.

The next month the tenant again went shopping and came home with the same infested cardboard boxes. I managed to go through the property's dumpster and recovered the shopping receipt. This market had made the news about their alleyway being used to store boxes used to send food home with shoppers, loaded with roaches and their eggs.

I immediately had my attorney sent the tenant a letter and official 5 day notice, to Perform or Quit. The tenant in turn got free legal aid to come after me seeking damages. They were paying me $1100 for a 3 bedroom two bathroom house with 3 parking spaces, way under market -- under rent control.

So I took the tenant to eviction court for non-payment of rent and violation of my 5 day notice.

In Los Angeles the tenant is always right. But with all of my proof that the tenant was casing the roach problems the judge told them if they pay me for my costs, pay the back rent due plus my legal costs, only up to $500 as stated in my lease, then the judge would allow them to stay. The tenant agreed and my case was put on hold.

30 days later I still hadn't received the rent, legal fee's or pest control costs. So my attorney returned to court and my tenant told the judge she paid me in cash. I had with me 7 years of rental payment receipts, all by personal check. The tenant didn't have proof of a cash withdrawal. I finally won my case and out they went.

All of this due to a few thousand roaches! --47.156.xx.xx




Tenant tear up lease (by WMH [NC]) Posted on: Oct 31, 2018 2:58 PM
Message:

What is this "rent acceleration" clause of which you speak? Good luck getting that enforced! --50.82.xxx.xx




Tenant tear up lease (by Scott [IN]) Posted on: Nov 3, 2018 8:57 AM
Message:

NE,

Sorry for this very late response. They see it for the first time when we go over the lease before signing. I am willing to delay signing and lose a day of rent to avoid the "they were here when I moved in" argument. So far, nobody has requested the extra day to do an inspection.

--107.141.xx.xxx




Tenant tear up lease (by Nellie [ME]) Posted on: Nov 3, 2018 12:10 PM
Message:

Scott, in Maine that acceleration clause would be illegal. (As is the early lease termination.) You have the obligation to mitigate your losses if the tenant leaves early by seeking a new tenant to rent the unit. You cannot double dip the rent. --64.222.xxx.xx



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