L/O Tenant Issue - Posted by T2B - FL

Posted by Duane on July 11, 2001 at 13:56:13:

Since this appears to be a troublesome tenant, aren’t you increasing your odds of having real trouble with them if they know they’ve just lost their option consideration? I would think that if they’re losing their option, it would be better to get rid of them at the same time. How has this been handled in the past?


L/O Tenant Issue - Posted by T2B - FL

Posted by T2B - FL on July 11, 2001 at 13:05:07:

Good afternoon!

I have a tenant in a property that I am doing a sandwich lease option with.

In the 6 months the tenant has been in the house, his rent has been late twice and he expects me to come pick up his rent check, even though I told him it was his responsibility to get it to me on time.

The tenant is now asking me if I will pay for a new refrigerator, because the freezer section is not working in the one I left in the house and if I will pay for the removal of a dead tree. I am using Bronchick’s forms outlined in his L/O course, which state that the tenant is responsible for all repairs.

Should I tell the tenant to just pay his rent on time and pay for these items or should I bite the bullet and help out with the freezer and the tree?

I would also like to get rid of the tenant when he is late on the rent next time but what I have heard in Florida is that it will be more like a foreclosure than an eviction process. Also, thus far I have not taken away the tenants option to purchase the property but if he is late again, should I do that and let him keep renting? Any thoughts on getting rid of the tenant quickly and easily would also be welcome.

Thanks for any help! If you need more info than I have provided, please let me know.

Re: L/O Tenant Issue - Posted by JohnBoy

Posted by JohnBoy on July 11, 2001 at 13:36:35:

I would remind the tenant of their obligations to take care of all maintenance and repairs. Once you give in to one thing they will start coming up with more! When it’s regarding one of the appliances I tell them they can either have it fixed or dispose of it and get their own appliance that they can take with them when they leave if they decide not to exercise the option. If they like, I’ll give them the number to someone I use for repairing things like this and let them call up and take care of it on their own!

I had a tenant call 9 months later after living in the property to complain about the air conditioning not working. I gave them the number to a guy I use and told them they’re welcome to call him if they like…his prices are reasonable! :slight_smile:

As for the tree, was it not already there when then looked at the property? Did they not except the property in its as is condition? If they want it removed and if its OK with you for them to remove it, then give them permission to do so, at their expense!

Tell them if you had to pay any cost involved it would only be added to their rent amount due and create additional late fees if it wasn’t paid on time! :slight_smile:

Besides, if you’re tired of the late pays and you’re thinking of getting rid of them because of the late pays, then WHY would you even think about biting the bullet by paying for something they are responsible for???

As far as just canceling their option, it depends on your contract and any grace period they to cure the rent. If they cure the rent and/or if you continue to accept any rent you may not get away with just canceling their option. You may need to refuse accepting any rents if it’s past the grace period allowed and file for eviction in order to cancel the option. I don’t know the laws in your state.