Our third floor tenants were very unhappy when we told them that we are finally rising rent ( they are paying about 800-1000 less then current market ). We agreed to rise them rent gradually: first 2 months they can pay whatever they want but more then before, then rent goes incrementally. They are looking to buy, so they were not planning to stay another year. They do not have lease.

Our second floor appartment is for rent and we were doing some renovations while it is vacant: skimcoated one room, painted, reconfigured closets. We did disturbed wall at one point, but we covered everything it plastic and we vacuumed and wiped all dust inside. there were no dust in a hallways, because we covered everythinng in plastic from inside and wiped hallways as well everyday.

But our tenants never said anythiing, never complained at all. We both have small children and naturally we were extracareful.
but then we told them that we finally rasing rent.

Now we decided to put new floor on the top of existing floor in our 2nd floor rental while we have several days of vacancy. and suddenly our tenants stormed into second floor complaning that they are afraid of lead paint issue. Husband called us and we had very unpleasant conversation like “what is going on, are we aware of lead paint issues, we are disturbing walls, are those people (floor crew) licensed, we put their child life in danger, they will complain to DOB and they are calling their attorney”.

Floor guys took down that small strips in front of the floor mouldings ( we do not want to tear down baseboards at all). So there was some noise from this activity that prompted our tenants actions. Again: all of this is going on on the second floor behind closed doors. tenants live on the third floor.

Obviously we have to call our attorney when he will be back in his office. But it will take 2 days. Floors will be done at that point.
Of course we do not want any war with our tenants. It is our house and we care about good vibes within our house walls. We just want them to buy and leave ASAP.
So, what do you think, guys, about this situation? does it mean that we can not renovate one apartment when tenants occupy the other? Provided, of course, that we take reasonable measures to clean and reduce noise.


Comments

  1. One thing to add, am a new landlord and had a similar situation with tenants I inherited. Dreaded giving them their notice but would up being best for all concerned. They weren’t happy in the apartment and wanted a great deal of. let’s say, optional, work done on my dime. New tenants (at market rate) are extemely happy with the same place without the structural work being done.

    Whole process wound up being less stressful than I had thought initially. Good luck,

    JW

  2. My parents, my wifes’ parents and we, have been landlords for many years. Up to and including today, I have yest to have any tenant even send me a birthday card! Once a tenant moves, you just become a place where they once lived. Look, being a landlord is a business…you rent the apartment for what it’s worth. Just like working, you want to be paid for what you’re worth! Hey, if your tenants don’t like it, and you’re such a lousy landlord, then move!

  3. Ace, who cares why they are raising the rent. They could just kick the tenants out for no reason, there is no lease, by giving them 30 days notice. The point that this poor lady/man is making is that they are raising the rents to be more in line with the market (tenants pay 800-100 less than market and don’t want to move because the low rent is enabling them to save for an apartment at some unforseen time in the future), and the tenants, in response, are becoming problematic and trying to create issues in response to a rent increase on their month to month lease. The landlords are being very accomodating and nice to these people who live in the same building as them. Perhaps they are being too familiar, and not “businesslike” enough. Always a bad idea as it can create a bad situation when you want to enforce the rules as a landlord.

  4. My recommendation is to give a rent increase in line with market rates, payable December 1. Put it in writing. Get them to commit to that now; if they don’t, then you are not going to continue to rent to them. They become holdover tenants and they leave on their own or the court gets them out. I hope you don’t have to do the court thing, but it is not that big a deal the court is on your side. But if you are really sure about what you want, most likely it will make things easier. Remember this is YOUR house, you sound reasonable and considerate and they need to get a grip.

    If they don’t agree to the rent increase, tell them you are not renewing their lease and get a lawyer.

    He/she then sends them a 30 day notice before the end of the month that you are not renewing the lease. Get the Nov 1 rent, then if they are not out of there by Nov 30, then on Dec 1, you file a holdover petition. Do not accept any money from them after Dec 1, which implies a contract. You do it immediately and get a court date immediately to start eviction proceedings.

    Most likely these people will be scared into normalcy before Dec 1 if you start this process. I am sorry. But I have been through this. Remember this is your house, this is a business, and you have been reasonable. Don’t let them intimidate you. There is more to this but find a good tenant landlord attorney and let them advise you on the process. You will also get your money back from Small Claims court if they owe you anything. Just make sure you have their work info, and bank account numbers from checks.
    Good luck.

  5. We had a no lease tenant (close to Sr. Citizen age, but not yet). We inherited her when we bought our 3 family house. She was paying at least 3x less than market rate. Being first time landlords, we decided on the “nice guy” route.
    * We offered her the top floor at a reduced but more than she was paying rate. She refused.
    * We verbally told her that her rent was increasing, and she said ok. We also told her adult daughter who owns a multi house in the same neighborhood since there was an English Language problem. Daughter said she understood.
    * Collection time: Tenant refused to pay more. She said she never agreed. Called the daughter – she said that mother never agreed.
    * Daughter said that mother was looking for a place, but it was hard. She can’t climb stairs-bad knees.
    * Tenant was babysitting daughter’s 3 kids, and cooking daughters meals (e.g., 20 chicken cutlets at a pop). School was over late June…so that’s what we thought would drive her vacating.
    * As the months wore on, we felt it was good to have another pair of eyes in the house, since we were doing renovation work before we moved in, even though her apartment would be the one we wanted to move into.
    * We asked the daughter when May hit how the apartment search was going and she said nothing came up yet. We asked why she couldn’t move into her multi dwelling house. No real answer there.
    * We finally went to a lawyer specializing in tenant matters and after we told him our story, he said in his 30 years of practicing he was sure that we were being ‘ripped off’, citing that we were nice people. He advised the 30 day notice of eviction, which we had avoided from the day of the closing…
    * We finally decided that she could be there longer and after walking through the process, served her over Memorial Day weekend.
    * IT WORKED. It may have been true that with the grandkids’ school ending that month, that was the real incentive. But we felt good about how the case would be presented in court. And that she would have to pay rent to the court, not us.

    If your tenants are plain old month to month, then I agree with the statements above, the rent you loose while going through the process, is less than the money and peace of mind you will have once those people are gone. Given the housing market, how ‘fast’ do you think they will actually find a place? Sounds like a time delaying tactic to me.

    Curious: once these tenants of yours are gone, and you rent again, will you have a lease, or month to month?

  6. If they are trying to buy a home, the last thing they want on their credit report is an evicition. Believe me once you serve them notice (60 days to be fair) and they start looking for another apartment, they will likely change their tune.

    Rents are going up and they need to realize that moving and paying security, etc. will cost them a bundle compared to a rent increase. Don’t be a pushover, you definitely have the upper hand and the law is on your side. If they are already threatening you and walikng around with mean faces … it’s time to say buh-bye.

  7. Yes, you really don’t know for sure how long it will take for them to buy. Who knows? It could take your tenants a year or more to find a place that they are happy with. So you really have to come up with a plan that they pay the new rent monthly. Meet with them again as a group and talk about it. Try to be understanding and helpful toward them. Try to get their anger behind them. You are doing nothing wrong and yet they are blaming you for changing their life.

  8. If they don’t have a lease, then they are a holdover tenant. Most leases provide for holdover tenants to receive either 30 or 60 day notice to leave. I would suggest you serve this notice right away and be done with these people.