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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.

Posted in Forum by tater at 1:56 PM | Comments (40)
Categories: Tenants

June 17, 2009

Water Seeping From Foundation

I've been having some problems with the considerable amount of rain these last 2 weeks. The other night, while it was still raining, I noticed some water pooling on the tile in my basement. It was confined to one corner and I could barely tell where it was coming from - until I noticed water seeping in from what seems to be the foundation. The water was going under the tiles and came up through the cracks in one corner, and extended into the next room where it stayed under the floor & tiles. I'm really worried about what this means and intend to have someone loot into it - I believe I may need french drains since we often have problems when it rains. Has anyone experienced something like this? I would really love to get some advice.

Posted in Forum by tater at 10:41 AM | Comments (8)
Categories: Foundation

Author's Comments

I used to live several blocks away and we had the same fuse boxes for years... I'm so curious to know how the new owners are faring! Congrats on the lovely house, it was always one of my favorites...

Posted by: tater at November 14, 2009 7:37 PM in response to All Systems, Go — Away?

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 in response to Help with Demanding Tenant?

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 in response to Help with Demanding Tenant?

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 in response to Help with Demanding Tenant?

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 in response to Help with Demanding Tenant?

It's a finished basement, so the concern is mainly surrounding the fact that we actually do use the space, so I don't want problems with mold & dampness. We have a sump pump on the opposite side of where the water is coming in, though I do think it does its job on the side of the house that it's installed (bordering the backyard, there there is an obvious gradient)
The water is coming in from a front wall, though the wall where the water is seeping in from is partially below ground.

Posted by: tater at June 17, 2009 2:46 PM in response to Water Seeping From Foundation

Responses to Author's Forum Comments

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 in response to Help with Demanding Tenant?

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 in response to Help with Demanding Tenant?

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 in response to Help with Demanding Tenant?

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 in response to Help with Demanding Tenant?

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 in response to Help with Demanding Tenant?

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 in response to Help with Demanding Tenant?

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 in response to Help with Demanding Tenant?

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 in response to Help with Demanding Tenant?

thanks tater, just sent you and email :)

Posted by: CG_ups at November 5, 2009 5:18 PM in response to Help with Demanding Tenant?