Issues with tenant

[Anonymous]

Anonymous wrote:Here is what you do, all in writing (I am a small LL with multiple units in the DC area):

1) you have the right to enter to winterize/maintain. Tell her the day and time with several days' notice and reassure her that you aren't there to investigate the sublet issue. Show her the clause in your lease that gives you this right to enter. If you forgot to put this in the lease, show her the statute that allows this (and learn your lesson - use a better lease next time).

2) tell her that she is not entitled to sublet. However she is entitled to find another roommate (advertise on Craigslist or find a friend etc) provided: a) you vet the new person against your usual criteria, credit, criminal, etc and b) the new person signs the lease (those are the two differences between a new tenant versus a sublet). Note that if you refuse her this, a court will never take your side. You can't force her to carry the lease on her own or move out. She is entitled to bring in a new roommate provided the new person meets your *reasonable and legal* criteria.

3) if she cannot find a new roommate, do NOT offer to assist her to find one. You open yourself to liability (what if the person you find turns out to be violent?). She must either continue to pay all the rent herself while she continues her search for a roomate, or else move out.

4) If she chooses to move out, just let her go. Do not try to penalize her for breaking the lease. This is something that amateurs try but pros know better. Just let her go. Withold damage deposit only if there is damage, and only a reasonable amount, with documents to back it up. And if you did not take photos/video on move-in, don't even bother.

5) Do not respond to her discrimination rhetoric, but keep copies of everything. She is scared. When she sees you are going to handle this reasonably and let her take a new roommate, she will hopefully relax. If you have been a homeowner for a long time (like most of us LLs) it is hard to remember the anxiety of renting.

6) Situational anxiety notwithstanding, this tenant seems to have a difficult personality. Ask yourself honestly, were there any warning signs during the screening process? Any lesson you can learn to avoid a difficult personality in future? Don't beat yourself up, but learn.

Hope this helps. Steep learning curve but congrats on taking the plunge!

I am thinking about starting a blog on this stuff...

OP here. This is really great advice. Thanks!

Additionally - Our lease states that she may not change locks without our approval but violated that agreement too by having a lock on her bedroom door.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Here is what you do, all in writing (I am a small LL with multiple units in the DC area):

1) you have the right to enter to winterize/maintain. Tell her the day and time with several days' notice and reassure her that you aren't there to investigate the sublet issue. Show her the clause in your lease that gives you this right to enter. If you forgot to put this in the lease, show her the statute that allows this (and learn your lesson - use a better lease next time).

2) tell her that she is not entitled to sublet. However she is entitled to find another roommate (advertise on Craigslist or find a friend etc) provided: a) you vet the new person against your usual criteria, credit, criminal, etc and b) the new person signs the lease (those are the two differences between a new tenant versus a sublet). Note that if you refuse her this, a court will never take your side. You can't force her to carry the lease on her own or move out. She is entitled to bring in a new roommate provided the new person meets your *reasonable and legal* criteria.

3) if she cannot find a new roommate, do NOT offer to assist her to find one. You open yourself to liability (what if the person you find turns out to be violent?). She must either continue to pay all the rent herself while she continues her search for a roomate, or else move out.

4) If she chooses to move out, just let her go. Do not try to penalize her for breaking the lease. This is something that amateurs try but pros know better. Just let her go. Withold damage deposit only if there is damage, and only a reasonable amount, with documents to back it up. And if you did not take photos/video on move-in, don't even bother.

5) Do not respond to her discrimination rhetoric, but keep copies of everything. She is scared. When she sees you are going to handle this reasonably and let her take a new roommate, she will hopefully relax. If you have been a homeowner for a long time (like most of us LLs) it is hard to remember the anxiety of renting.

6) Situational anxiety notwithstanding, this tenant seems to have a difficult personality. Ask yourself honestly, were there any warning signs during the screening process? Any lesson you can learn to avoid a difficult personality in future? Don't beat yourself up, but learn.

Hope this helps. Steep learning curve but congrats on taking the plunge!

I am thinking about starting a blog on this stuff...

OP here. This is really great advice. Thanks!

Additionally - Our lease states that she may not change locks without our approval but violated that agreement too by having a lock on her bedroom door.

Sounds like a nutball -- which I assume is why the other chick moved out!

[Anonymous]

Anonymous wrote:

Anonymous wrote:Here is what you do, all in writing (I am a small LL with multiple units in the DC area):

1) you have the right to enter to winterize/maintain. Tell her the day and time with several days' notice and reassure her that you aren't there to investigate the sublet issue. Show her the clause in your lease that gives you this right to enter. If you forgot to put this in the lease, show her the statute that allows this (and learn your lesson - use a better lease next time).

2) tell her that she is not entitled to sublet. However she is entitled to find another roommate (advertise on Craigslist or find a friend etc) provided: a) you vet the new person against your usual criteria, credit, criminal, etc and b) the new person signs the lease (those are the two differences between a new tenant versus a sublet). Note that if you refuse her this, a court will never take your side. You can't force her to carry the lease on her own or move out. She is entitled to bring in a new roommate provided the new person meets your *reasonable and legal* criteria.

3) if she cannot find a new roommate, do NOT offer to assist her to find one. You open yourself to liability (what if the person you find turns out to be violent?). She must either continue to pay all the rent herself while she continues her search for a roomate, or else move out.

4) If she chooses to move out, just let her go. Do not try to penalize her for breaking the lease. This is something that amateurs try but pros know better. Just let her go. Withold damage deposit only if there is damage, and only a reasonable amount, with documents to back it up. And if you did not take photos/video on move-in, don't even bother.

5) Do not respond to her discrimination rhetoric, but keep copies of everything. She is scared. When she sees you are going to handle this reasonably and let her take a new roommate, she will hopefully relax. If you have been a homeowner for a long time (like most of us LLs) it is hard to remember the anxiety of renting.

6) Situational anxiety notwithstanding, this tenant seems to have a difficult personality. Ask yourself honestly, were there any warning signs during the screening process? Any lesson you can learn to avoid a difficult personality in future? Don't beat yourself up, but learn.

Hope this helps. Steep learning curve but congrats on taking the plunge!

I am thinking about starting a blog on this stuff...

OP here. This is really great advice. Thanks!

Additionally - Our lease states that she may not change locks without our approval but violated that agreement too by having a lock on her bedroom door.

As a tenant, you should really have put locks on the doors to begin with/done it for her/not retaliate if she did. This is a safety issue.

[Anonymous]

"Not the OP but have a quick question...

Does a new lease with a new lease period get signed or is it like an addendum to the current lease? "


You can do either - the exact legal form isn't so crucial unless you're in a jurisdiction that mandates specific lease forms (I don't believe Fairfax does but I'm not 100%). The new lease or the addendum should refer to the old lease to clarify that it has been replaced/amended. If you're halfway thru a fixed lease term, say 7 months into a 12 month lease, the term of the new lease is up for negotiation, within the bounds of the law. For example you could choose 5 months to "finish the term". Or either LL or tenants may want to sign a new 12 month lease. Whatever you can all agree on.

That's the "by the book" answer. Some more casual LLs would simply have the new person sign the existing lease (LL copy and tenant copy) and cross out and initial the person being dropped, but that's too casual for my tastes.

Thanks for the encouragement guys! I'll try to get around to it soon and I'll post a link here somewhere on DCUM!

[Anonymous]

Me again (with the long essay)

A tenant changing the locks to "lock-out" the landlord is a huge no-no, obviously, and that's how the courts would interpret your lease provision.

However if she put a lock on her own bedroom, all you need to do is request a copy of the key - you are entitled to this. If she gives you a copy of the key then I don't see this as a problem, although in future she should ask you to install it.

I always try to ask myself, how would I view this issue as a tenant? As a judge? Locking a LL out is totally wrong, but locking a roomate out from a bedroom seems reasonable, right?

A good lease is very tight and has all kinds of rules and serious remedies that you can enforce if needed, but the goal is to find a more mutually agreeable solution first, whenever you can!

[Anonymous]

PP very good summary of tenants law. Op, calm down, and try to be rational.