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November 5, 2009
Help with Demanding Tenant?
Hi all. I own a small building in Brooklyn - 2 apartments and a store. The units have consistently been rented for the last 7 years, with no problems from any tenants. We have a part-time super that cleans in front of the building every week, as well as the landing, stairs & hallways several times a month. I've had no complaints except for this one tenant who has been increasingly demanding and borderline harassing in the last year or so. I have accomodated her every request, since she pays on time and keeps her apartment in good condition. She calls every week to demand the hallways be painted - though they were painted three years ago and traffic in the building is minimal. She complains about the cleanliness of the stairs, though I always check on them at least twice a month and they really are spotless. She refuses to sign her lease unless I remove several clauses regarding any alteration in the apartment. These clauses have been in the lease I present my tenants with since I bought the building, which clearly state (among other things) no painting can be done without my approval. She recently repainted the apartment without my permission, though upon inspection I was fine with it. She emails and calls constantly, calls me names - my favorite is "belligerent" - though I have truly done everything I can to keep this woman happy. I recently renovated the kitchen & bathroom for her, though she is now complaining that the work is not professional enough and the workers made her apartment dirty. She has lived in the apartment for 2 years, this would be her third, and she has only had one 4% rent increase. This is not a rent-stabilized building and the rent is slightly below market (downtown Brooklyn/Cobble Hill area.)
I am at my wits end. She now calls my husband and daughter - who both manage the property with me - to complain on a consistent basis. She has called me the same names to them, says I am inconsiderate to her needs and that I do not address any of the problems the building has fast enough. I am consistent with the heat and painting laws in NYC, as well as those regarding security, water, etc. What to do when a tenant is so demanding despite all you do? What are my rights here?
I appreciate any help & will be glad to provide more info.
Comments
As usual we're only seeing one side of the argument :-)
But that said, assuming this is even close to true, don't renew her lease. You said she's refusing to sign one anyway (I assume this is one coming up?) so there's your out right there.
But you also don't even have to give a reason.
In the meanwhile try to be nice to her until she is out so that she doesn't do anything nasty to the apartment or require eviction proceedings.
Posted by: northridger at November 5, 2009 1:36 PM
Of course we're only going to see one side of any story here...it goes without saying. Presuming op is telling the true, and even if they aren't, we can only address what is presented here.... I would not renew this lease as it is asking for trouble, especially as op has allowed the tenant to do something the lease specifically forbids. What other people do or have done is irrelevant, what's in the lease is. The easiest way to not renew this lease is to offer one at a rent the tenant will absolutely not pay and allow the tenant to make the decision to move. If the tenant pays the significantly higher rent and stays, op gets paid for the hassle. In any case, the tenant will not likely renew the next time. Make it clear that what you do in the hallway is your affair, and that a renewal of any kind is offered for exactly what you provide, with no complaints on the part of the tenant. There is nothing wrong with drawing a line, if you don't people will walk all over you.
In any case, given what was described, I would look not to keep the tenant without getting paid well for doing so.
Posted by: raphael9 at November 5, 2009 1:45 PM
lol next time don't rent to single white females in their 20s from out of state. let me guess... she fits that description to a T, right?
*rob*
Posted by: Butterfly at November 5, 2009 2:14 PM
I'd say don't renew... Actually, I'm an awesome tenant and probably have let my landlords get away with shit that they shouldn't have -- expressly because of this threat. I want to move on *my* terms, not because my landlord doesn't renew my lease. That's the one real power a landlord has -- sounds like you should use it.
What's the apartment like? Can I afford it? Maybe I'd be interested.... never lived in that part o' Brooklyn. :-)
Posted by: tybur6 at November 5, 2009 2:15 PM
"rent below market" + "insulting/annoying tenant" = "no lease renewal" or "huge rent increase" in my humble opinion.
Posted by: northsloperenter at November 5, 2009 2:15 PM
Tell her not the let the door hit her where the Good Lord split her. Good riddance.
Posted by: InsertSnappyNameHere at November 5, 2009 2:17 PM
Increase her rent by 25%. She'll move.
Posted by: Maly at November 5, 2009 2:22 PM
I am a landlord as well.. there are more fish in the sea.. do not renew her lease.. move on... Good luck
Posted by: scarter at November 5, 2009 2:25 PM
Of course, if you threaten her and refuse to offer a new lease, she may likely just stay on as a holdover and not pay rent. You will then be forced to evict and bring her to Court, a major pain in the neck. She will try to argue that the place was unihabitable - you didnt fix problems etc etc. So you need to document everything you have done and are doing for the tenant to demonstrate that the apartment and building is quite habitable.
I would advise you to offer her a new lease at a much much higher rent. If she takes it (she wont) thats $$$ in your pocket.
Posted by: saminthehood at November 5, 2009 2:25 PM
absolutely get rid of her. Best way is to demand a $500 increase on renewal. Your life will be so much easier.
I rent for below market just so I don't have to deal with such a person.
Just politely say you are not going to renew lease and have other plans for apartment. Call lawyer and start a 'holdover' eviction paperwork. This will save time, money are reduce stress.
Posted by: Petebklyn at November 5, 2009 2:26 PM
so let me get this straight... landlords in a private residence are not allowed to just not renew a lease? that sounds absurd. she sounds like a pampered priss, so i doubt she's going to go thru the court and legal thing. just dont renew her lease.
*rob*
Posted by: Butterfly at November 5, 2009 2:31 PM
Don't renew the lease. if she's now month to month, send her notice of a huge rent increase.
Educate her about the inability to get a reference and what will happen to her credit if she refuses to pay and needs to be put out.
Posted by: daveinbedstuy at November 5, 2009 2:34 PM
As a landlord, I'd make it clear that you're on different pages, that you feel you've done a good job with repairs and that she always has the option to leave just as you have the option not to renew her lease - a polite warning.
And if she doesn't get the message and things stay as unpleasant as they obviously are, give her 30 days notice (more if you'd like to be nicer than situation warrants, karma and all that) and wish her well.
Good luck!
Posted by: Johnny at November 5, 2009 2:36 PM
She's still living with a lease, which is up for renewal in a month. The terms have not changed since the last lease she signed, which is why I'm so annoyed. It's like she suddenly did a 180 and decided she doesn't like the terms she's living under. I've contemplated eviction but I'd like to make sure I cover my bases before forcing her out.
Posted by: tater at November 5, 2009 2:42 PM
Rob - that's so funny! My first tenant was a female in her 20s from out of state and she was SO clueless - asking me to come down and remove a mouse from her mousetrap, put in and remove her air conditioners without so much as a please or thank you, ETC. My father (a former landlord) used to say that too...
Posted by: gkw at November 5, 2009 2:42 PM
"So you need to document everything you have done and are doing for the tenant to demonstrate that the apartment and building is quite habitable."
unless I missed something and this is a rent stabilized apt (2 apts and a store doesn't fit) then ll does not have to document anything to bring a holdover proceeding if the tenant refuses to move when the lease is up. If the ll accepts rent payments AFTER the lease is up, a judge will declare it a month to month tenancy and then getting possession gets difficult. as long as a lease is term certain, ie., one year, then the end of the term is clearly defined and owner has the right not to offer a renewal.
Posted by: raphael9 at November 5, 2009 2:43 PM
Rob...if you're not talking rent stabilization/control, then yes, a LL has the right to not to renew the lease.
At the same time, courts are pro-tenant and if someone refuses to go it can turn into a real ordeal.
So smart landlords ease problem tenants out. The big increase is a common way to do it, and one that decreases the chance that the tenant will balk.
If you're mean and are in-your-face about not renewing...then one of two things typically happen. Thing one...the tenant is cowed and flees in terror. This is pretty common, probably the most common result.
Thing two...the tenant digs in and gets mean themselves. This is less probable than thing one, but the downside is massive. You now have a tenant in possession of the apt that can do a lot of damage, and it's going to take months to get them evicted with lots of pain all around.
Posted by: northridger at November 5, 2009 2:44 PM
Why is everyone saying to ask for a rent increase? Just don't renew the lease. Give her a letter with 30 days notice that you are choosing to terminate the lease and that if she doesn't cooperate, there will be legal proceedings. This coupled with what DIBS said should scare her away.
If it doesn't work, you'll know that she's ready for a fight. Then you have the decision to make - go to court or trying to compromise.
Posted by: lincolnlimestone at November 5, 2009 2:45 PM
If you give a mouse a cookie...
Kind sir, are you in possession of a shovel and a bag of lime?
Posted by: IMBY at November 5, 2009 2:51 PM
Regardless of whether or not it's strictly needed, I would keep a diary of all your interactions as suggested above. It makes your case more transparent if you do have to take a legal route. I'd also itemize what you've already experienced - such as her having painted w/o permission. It sounds odd that after a seemingly happy tenancy she's suddenly carping - it may be she thinks you'll reduce her rent on the next lease.
Posted by: Arkady at November 5, 2009 2:52 PM
Lincoln -- there's no need for notice. She has no new contract. As long as the Landlord doesn't accept a rent check for month #13, she's toast. That's the notice. She had a contract with a start and end date. She's had 12 months' notice.
I'm wondering about something else though...And if she refuses to move (and there's a new tenant), it seems that she should be liable for the expenses of the new tenant. i.e., she could be sued for causing the new tenant to have to get storage/hotel/new apartment etc. Please tell me that's true.
Posted by: tybur6 at November 5, 2009 2:54 PM
"calls me names - my favorite is 'belligerent'"
That's not a name. Stop catering to her as much as possible. Get tough. Play chicken. Let her get fed up and move. Absorb what you think is psychological abuse, as a premium to get this psycho bitch out of there.
"Educate her about the inability to get a reference and what will happen to her credit if she refuses to pay and needs to be put out."
This is NYC, not Philly, DIBS. Ever been to court here? I have relatives.
***Bid half off peak comps***
Posted by: Brownstones Half Off at November 5, 2009 3:15 PM
Sounds like she has a mental disorder. If you are as great as a landlord as it sounds like you are, you will have no trouble finding a new tenant. Don't renew her lease.
Posted by: diego at November 5, 2009 3:37 PM
I'm with Pete and Maly. Increase her rent by a few hundred dollars and that will get rid of her. Or just don't renew her lease. She will only get worse.
Posted by: Cobblehillbaby at November 5, 2009 3:47 PM
if you're looking for a good tenant, i know some great people that are looking, esp in that area! is it a 1BR or 2BR? quiet building? what's the rent? thanks in advance!
Posted by: CG_ups at November 5, 2009 3:50 PM
Ok am confused
if her lease is up and she's not rent controled and she then refuses to stay in that apartment PAST her lease term
isn't she tresspassing?
Posted by: gemini10 at November 5, 2009 3:56 PM
Others have already said it: Assuming all is as you've described, do not offer a renewal lease. Notify her that you will not be renewing the current lease when it expires. Do not escalate the conflict, as she will perceive it, by offering a renewal with a substantial increase. Make sure you do NOT accept any checks after the expiration date. If she does not vacate and gives you a check, you MUST return it. Keep a log of her calls to you, husband and daughter, and the next time she calls tell her that unless there's an emergency she must communicate in writing. Follow up that conversation in writing yourself. Document the condition of the halls and anything else she's complained about. Make an appointment with her to take pictures of the kitchen and bath she's complaining about. Document the condition of her apartment when she vacates. Return her security deposit promptly if warranted. See: http://www.courts.state.ny.us/courts/nyc/housing/pdfs/Landlordbooklet.pdf
Posted by: vinca at November 5, 2009 3:56 PM
It's perfectly possible she could have a screw loose. I used to have a neighbor like this -- she is a friend also, but I sure as heck wouldn't want to be her landlord.
As others say, do not renew her lease.
In general, in situations like this, you have to say no and tell them not to call you.
Posted by: mopar at November 5, 2009 4:35 PM
Listen to Vinca. Give her notice- whether you want to increase the rent, or not renew. Some people just love to create trouble where there is none. In my old building we had a tenant like that (a lawyer, et). Definitely had a few screws loose and made my landlady's life a misery. And my landlady was really wonderful- did repairs, kept the place clean, etc. This tenant looked for something to be wrong. If she couldn't find something, she made something up. Worst of all, the building was RS- they couldn't get rid of her.
Posted by: bxgrl at November 5, 2009 5:00 PM
tyburg. not true.
http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf
Posted by: lincolnlimestone at November 5, 2009 5:11 PM
Thank you all for the advice. I've decided to send her another copy of the lease to sign, with the option of living month to month sans lease at an increased rent. If she continues to give me trouble & refuses to sign/pay the increase, I'll contact my lawyer ASAP.
Thank you all again.
Posted by: tater at November 5, 2009 5:11 PM
CG ups... if you are interested you can email me at yeehasmush at gmail dot com for more info. Thanks.
Posted by: tater at November 5, 2009 5:13 PM
thanks tater, just sent you and email :)
Posted by: CG_ups at November 5, 2009 5:18 PM
bxgirl, just as an interesting side note, she's incredibly hostile to me over the phone, but sweet as sugar to my daughter. She also seems to twist her stories to make me look like the evil landlord to my daughter... the more I talk about this, the more I really need to have this woman out of my building.
Posted by: tater at November 5, 2009 5:29 PM
Do not renew her lease. It's your property.
Posted by: BrooklynIsHome at November 5, 2009 5:49 PM
Why possibly would you want her to go month to month without a rent increase? It doesn't jibe with your story.
Posted by: Putnamdenizen at November 5, 2009 7:35 PM
Sounds like a previous tenant I had.
Some people are just needy. I'm an excellent landlord and I had a woman like that years ago. She even called me to tell me she had fainted on the subway and wanted me to know she may be having a health issue...wasn't sure if she wanted me to say to call me if she needed something. Weird.I did want to say EAT SOMETHING since she is one of those young women that hold up the trains because they go without food and then pass out.
Don't renew. Good riddance.
BTW people automatically assume the landlord is the problem yet there are tenants that are hellish....and being a good tenant is about more than just paying on time.
Posted by: argentina at November 5, 2009 10:11 PM
"she may likely just stay on as a holdover and not pay rent. *You will then be forced to evict and bring her to Court, a major pain in the neck.* She will try to argue that the place was unihabitable - you didnt fix problems etc etc. So you need to document everything you have done and are doing for the tenant to demonstrate that the apartment and building is quite habitable."
Posted by: saminthehood at November 5, 2009 2:25 PM
Tater, saminthehood has a valid point of how it could go; something I've seen before. Even with all the validation, photos, and contemporaneous notes you take, she could hold you up in court for an entire year and you could lose an entire year's rent. People who know how to play the system can do this. Her lawyers can keep you held up in court for a long time with delayed appearances, etc.
As mentioned by a few posters, nicely raise the rent and she may go easily. One can do this without seeming antagonistic (read all above posts). Why sign another lease, though, as you ask for increased rent? You don't need to do that and it would be counter-productive to what you want if she accepts (her gone).
Even if you go with the suggestions that she no longer has a valid lease and legally has to go -- please see again the paragraph by saminthehood. It could go like that, a legal quagmire for a year to prove everything and whatever and you lose a lot of money, with nothing ever being proved (proven?) A long time and a lot of lawyer games.
The tenant may have a disorder similar to bipolar or something and I say that with no disrespect. This sounds difficult.
Reread -- northridger at 2:44 PM: " ... months to get them evicted with lots of pain all around." It is similar to saminthehood. Of course reread Vinca.
Posted by: BklynSoFar at November 5, 2009 10:12 PM
I wouldn't give her a new one year lease, but go month to month, and raise the rent. This gives her time to move and keeps you from being stuck with her for another year.
Posted by: Rick at November 6, 2009 6:24 AM
Here's my opinion:
1. send her a notice of rent increase....a big one.
2. offer to let her out of her lease immediately b/c she doesnt seem content.
Yes, it could be ugly but you cant live in fear. Presumably, you vetted the tenant and she has assets and a job. Further, she wont want to be on the blacklist.
Posted by: slick at November 6, 2009 6:00 PM
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