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I'm HAPPY to NEGOTIATE * JUST Do Not Make It PERSONAL

By
Property Manager with Gibson Management Group, Ltd.

I have a tenant who wants to renew his lease/tenancy for 2 months past his current lease end date of Friday, August 17th.

I have offered him the renewal term he wanted at a $50 per month increase.  I've made this offer twice and he has rejected it.

I sent him his move-out check-out instructions today via e-mail and he replies that he is not leaving until the end of October.

Back and forth and I provide him with a copy of his SIGNED extension notice whereby he agrees to vacate by noon on the 17th and I again make him the offer of renewing through October at the higher rent.

It seems like he is miffed that I am reminding him of the agreement HE MADE and that he has no right to occupy the property past the AGREED TO residency end date of the 17th so he writes me a long e-mail disparaging me, my management practices and hints at a lawsuit by another resident with bogus details and no link to reality.

Since I already have new applicants for the property at the higher rent for a new 12 month lease, I've given him until noon tomorrow or my extension offer is rescinded and I'll rent to my new applicants.

I'm not sure where my tenant learned his negotiating technique; however, threats, disparaging remarks and bringing other residents into the argument is not a successful negotiating strategy with me. 

Posted by

Wallace S. Gibson is a Certified Property Manager with over 50 years of property management experience and expertise.  She maintains a specialized property management business in Central Virginia serving Albemarle, Greene, Fluvanna and Louisa counties  

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View our available Charlottesville, Albemarle and Lake Monticello rental homes online with photos and floor plans

"...to be a Virginian, either by Birth, Marriage, Adoption, or even on one's Mother's side, is an Introduction to any State in the Union, a Passport to any Foreign Country, and a Benediction from the Almighty God...." Anonymous

 

Comments(86)

Bob & Carolin Benjamin
Benjamin Realty LLC - Gold Canyon, AZ
East Phoenix Arizona Homes

Think I would just make him honor the original agreement -- and not give him an extension at all -- you already have new renters for the next 12 months in hand ---- take them and kick him out --- come 2 months from will it be any easier to get rid of him -- and then you have to get new renters for the next 12 months all over again -- our 2 cents.

Jul 26, 2012 02:41 AM
Gloria Matthews
Principal Property Brokers - Vancouver, WA
MAKING CLARK COUNTY HOME

It sounds to me like you are trying to run a business, and he wants to dictate the terms of his HOME and life, as it changes in the wind, and his circumstances have changed, possibly again.

Perhaps you can ask questions, show understanding about his circumstances, and then remind him this is a business for you.  That you APPRECIATE his circumstances have changed, and you are willing to accomodate his needs, under these terms.   You have new tenants under contract based on the previous information, and agreement.

I am concerned, that if it continues to be advasarial, that you may not get any rent at all, and that would not be good for your business either.

good luck!

PS.. I just had  one (on good terms), not pay the water bill  $200.00

had drilled and damaged an interior wood veneer door and doorknob, that needs replacement  $350.00

Had clogged the sewer drains twice with "flushable face wipes"...  800.00 (during occupancy)

and melted the back vinyl siding and window with the BBQ   $600.00

seriously in excess of the damage deposit.

 

count your blessings

 

 

 

Jul 26, 2012 02:48 AM
Dennis Burgess
AmeriTeam Property Management - Mid Florida, FL
Orlando Property Manager and Realtor

Hi, Wallace:  Sounds like a bit of a smokescreen to me.  You're doing all of the right things, of course- and he surely knows what he's going to do or not going to do (and when).  Folks that have problems with additional monies for month-to-month extensions never cease to amaze me- they don't realize that "turn dates" or "flip dates" are critical.  A property coming vacant in mid-August isn't as great as mid-June, but it's far better than mid-September or mid-October.  Folks looking to extend must realize that it's not our job to accomodate them as they leave to the detriment of our owner/clients.

Contrary to what some above have said, though, the answer is not necessarily the filing of eviction papers.  Depending on time frames for the courts, you could very well throw the owners' money down the drain- for the case might not even make it before a judge before the guy bolts even if he sticks to his own schedule.  The up-side is little, the down-side is potentially great in that you'd fire him up more than he's already fired-up, and he could commit further waste upon the property for the heck of it.

I've got a funny feeling this is going to work itself out, though...

Jul 26, 2012 03:17 AM
Larry Lawfer
YourStories Realty Group - Newton, MA
"I listen for a living." It's all about you.

Good story, and I have one similar.  The tenant was living in my rental home at half the rate when I was hired by the owner to sell the place.  It worked well for a while, that is until I had to show the property. They wouldn't let me show the property for months and then moved into a condo after trashing the walls and appliances. Now that I have a new tenant this awful person is posting bogus Craig's List ads and driving wierd traffic to the home to knock on the door of my new tenant.  What horrible people do with their time is beyond me.  Why I wonder, and then just move on.

Jul 26, 2012 03:20 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Ugh - Getting him out could be a major pain. Hope he doesn't decide to take it out on the property before he goes.

Jul 26, 2012 04:31 AM
Mitch Muller - Charlotte NC Real Estate
ProStead Realty Charlotte, NC CRS SRES mitch@prostead.com - Charlotte, NC
Certified Residential Specialist

Some tenants beat all I've ever seen and know how to work the system. Don't take it wrong, I said "some". Some think you owe them and they are doing you a favor. There are others though that are very appreciative to have a place to stay. 

Jul 26, 2012 04:52 AM
Sylvia Jonathan
Coldwell Banker Platinum Properties - Irvine, CA
Broker Associate, SFR

Doesn't sound like negotiating, more like a petulant child digging in his heels. It must have made you angry to read his email, but since you are a professional, you know how to proceed. Why not simply withdraw your offer to extend? Toss the guy. He is more trouble than he is worth.

Jul 26, 2012 06:52 AM
Jack Fleming
Weichert, Realtors - West Chester, PA

I have a similar situation. A tenant who never pays on time, is rude to agents who are showing and has told me that they (the tenants) are suspending showings for two weeks.

Now they want to use the security deposit in lieu of the last month's rental payment. I'm trying to be patient but they will be surprised when the locks are changed at one minute after their lease expires.

Jul 26, 2012 07:07 AM
Tony Barker
Premiere Home Realty - Tony Barker 832-867-0835 - Houston, TX

Wallace,

Nice article.  But I will be the contrarian here.  In my opinion, it is not about man under woman nor right and wrong. It is not about being a bully, tough guy or agent.  It is about looking forward to hindsight (20:20).  What if he trashes the place well beyond his deposit and you have NO chance to recover the funds to repair plus the repair time in lost rents...  My advice, give him his October deadline, offer him a nice gift and his deposit if the home is move in ready at his leaving date and he is fully paid up. 

To reverse the question, are you willing to lose alot of cash over $100 in additional rents he will not pay? 

You are most likely right about the bully, personal attacks and childish approach of the tenant.  Now it is time to rise above, be the pro and mitigate the perceived loss from a REAL one.

My humble opinion.  Good post.

Tony Barker, Premiere Home Realty

 

Jul 26, 2012 07:12 AM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

One of the "joys" of doing property management in Virginia with a common law lease is that I can move the Monday after the Friday he holds over to remove him AND I have a 3X per diem rent HOLDOVER clause...it will get REAL expensive for HIM REAL fast!

Jul 26, 2012 07:40 AM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Hi Wallace, some people....why can't he just pay and go on with his life instead of making hinself miserable.

Jul 26, 2012 07:50 AM
Dana Basiliere
Rossi & Riina Real Estate - Williston, VT
Making deals "Happen"

Wallace, he is being abusive. You have bent over backwards for him and he "ignores" your offer. Pitch him out and get a good tenant.

Jul 26, 2012 11:15 AM
Valorie L. Easter
eXp Realty - Charlottesville, VA
Valorie Easter & Co, Charlottesville/Albemarle Rea
Have fun!!!! I applaud you for property management. It takes a special person!!! If you have anyone wanting to buy, please send them my way! I'll gladly pay a referral!!!! I also have a lot of people looking for rentals I can pass your way...
Jul 26, 2012 11:47 AM
Robin Spangenberg
Northeast Signature Properties - Millis, MA
Opening the Finest Doors

Hi Wallace, no good deed goes unpunished!  Your offer to extend at the higher rate is exactly what he should take....love to know the outcome!

Jul 26, 2012 11:36 PM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

He took it - after my offer expired and he threw another rotten egg about non-requested repairs....

Jul 27, 2012 01:06 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

That's why people hire pros like you to help them.  You don't take any Bull----!

Jul 27, 2012 08:37 AM
Jenny Durling
L.A. Property Solutions - Los Angeles, CA
For Los Angeles real estate help 213-215-4758

Tenants can be funny sometimes. A friend with units told me one time that a tenant told her could not pay the rent because he needed to make his car payment. She kindly suggested he go live in his car!  LOL! It's weird what tenants think is 'ok' whether it's lame excuses for not paying or getting personal with you becuase they don't like the agreement they signed.

Jul 27, 2012 01:15 PM
Jon Quist
REALTY EXECUTIVES ARIZONA TERRITORY - Tucson, AZ
Tucson's BUYERS ONLY Realtor since 1996

Sounds to me he has worn out his welcome, and needs to be forcibly and embarrassingly evicted. In full view of witnesses.

Jul 28, 2012 04:37 PM
Thomas McCombs
Century 21 HomeStar - Akron, OH

You have an interesting tool to use if you can move the Monday after the holdover date.

There is no court in this area that would even consider such a thing.

I learned a long time ago not to re-lease an occupied property no matter when the tenant says he is moving out.  It is an almost sure way to wind up with a new tenant and his moving van full of furniture in front of the still occupied unit.

 

Jul 30, 2012 04:46 AM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

I've REleased properties for years before the current tenant vacates - most are graduate students or medical residents who need to leave the area anyway and my VA hold-over clause is STATE LAW 

Jul 30, 2012 09:24 AM