Issues with tenant

[Anonymous]

We had 2 ladies moving in but they weren't getting along and one left, the other one wants to stay and sublease the house. We clearly stated in the lease that there's no subleasing and now she has threatened to sue us for "discrimination".

We gave her advanced notice (according to the lease agreement) that we need access to the house for winterizing and again, she's threatened to sue us for bullying her and harrassing her.

This is in Fairfax County, what are our rights as landlords?

[Anonymous]

She hasn't actually done anything yet, right? She hasn't attempted to sublease, she hasn't blocked access for winterizing, and she hasn't sued you?

[Anonymous]

Until she has actually done something other than talk out of her ass then what are you supposed to do? Talk to your lawyer.

[Anonymous]

It's a single family home with 5bedrooms, rent is $3000/month and we know she's not financially able to pay the rent all by herself. We suggested that she could break the lease by moving out before the lease ends, giving that we need to find a replacement but she wants to stay and sublease instead. It's possible she's already subleasing to be able to afford the rent but we have no idea of knowing this.

She is threatening to sue/call the cops if we enter the house even with the advanced notice.

[Anonymous]

If you are strictly following the lease contract that everyone agreed to and signed, I am not sure how she can legitimately claim you are discriminating.

[Anonymous]

When I first read your post it looked like neither had moved in yet. And in your most recent post, it looks like they've lived there a while and one left.

If the later is the case, you have an issue with the woman who moved (I assume both were on the lease) and I would think you have an obligation to fill the spot.

If not, you can offer to fill the spot for her, or have her bring a qualified 2nd tenant to you to enter in to a lease with YOU and not her. That seems reasonable, and like exactly what you had going on before.

[Anonymous]

She can threaten all she wants.

I don't understand what possible discrimination there would be. But a tenant who breaks the terms of a legal contract that forbids subleasing is not a protected class.

Also, I think that unless you own a lot of property, you are exempt from any equal opportunity housing requirements.

If she should sue anyone, it would be her former co-tenant.

But, again, what is the alleged discrimination?

[Anonymous]

Anonymous wrote:If you are strictly following the lease contract that everyone agreed to and signed, I am not sure how she can legitimately claim you are discriminating.

+1000 Sounds like she is screaming discrimination and threatening to call police due to panic because she knows that subleasing voids the lease.

[Anonymous]

I got the impression that the 2 women were a couple and they broke up.

I don't see what the huge issue would be with the remaining tenant getting a new roommate since she can't afford the place by herself. You could run a background and credit check on her just as you did with the original tenants.

[Anonymous]

You should've required a minimum income

[Anonymous]

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...

[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...

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?

[Anonymous]

You should write a blog, PP, that is really good advice!

[Anonymous]

You have the right to beat her ass...or at least want to

[Anonymous]

Anonymous wrote:You should write a blog, PP, that is really good advice!

Yes, pp, start a blog and let us know where to follow it!