How to Handle Unruly Tenants

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What Exactly is a "Bad" Tenant?
The terms "good" and "bad" might be interpreted differently by various people. When it comes to renting out real estate, however, most landlords would agree that a terrible renter is someone who commits one or more of the following:

  • Pays the rent late or not at all on a regular basis.
  • When the rent is not paid on time, the tenant refuses to pay a late charge.
  • Damages the property, either unintentionally or intentionally, beyond regular wear and tear; fails to keep the residence nice and clean,
  • Resulting in problems such as mold development or bug infestation

A rental agreement is a legally binding contract, and it's reasonable to expect a renter to fulfill the conditions, such as paying the rent on time and taking excellent care of the property.

While most renters are courteous, a landlord may occasionally have a nasty tenant. We'll look at what causes a terrible renter, how a landlord may deal with a bad tenant, and how to avoid problematic tenants in the first place.

Rent Not Paid on Time.

Tenants are not immune to forgetting to pay their bills on occasion. Consider adopting an online rent payment system to make it easier for tenants to pay their rent on time.

Most rent payment services are free for landlords to use, send automated reminder messages when rent is due, and may be configured to prevent tenants from making partial rent payments.

Those Who Break The Rules

Two frequent prohibitions that tenants occasionally violate include having an unlawful pet and subletting to a roommate. A landlord can deter a renter from breaching the regulations by doing the following:

Specifying who can occupy the rental property in the lease
Inquire with prior landlords whether the renter has ever had a roommate or a pet.

Depending on the state and whether or not a tenant attempts to defend an eviction, a residential eviction might take several months or longer and cost a landlord thousands of dollars. There is no rental revenue during an eviction, and there may be considerable property damage when the tenant is ultimately compelled to leave.

Delegating property management to a professional is the best option for many landlords to cope with troublesome renters.

An experienced local property manager will handle the day-to-day details, such as advertising and screening potential tenants, negotiating a state-approved lease with the appropriate addendums to protect the landlord and property, performing routine inspections and repairs, and enforcing the lease's terms and conditions.

How About Bad Tenants in Rent-Stabilized Units?

Rent-stabilization policies in New York City can make life simpler for tenants in a highly competitive and expensive market by giving certain protections.

The rent stabilization regulation requires that you dwell in your apartment for more than half the year in order for it to be designated your primary residence; therefore, if your landlord discovers that you've been spending fewer than six months of the year there, he or she can initiate eviction procedures. There are, however, exceptions to the rule. For example, if you've been living elsewhere for an extended period of time because you've been caring for a sick family member, traveling for work, or dealing with your own medical concerns, you'll be protected from eviction.

Other considerations considered by the court in considering the case include where you pay taxes and vote, as well as whether you sublease the apartment. In determining whether an apartment is your primary residence, courts will look first at your physical presence there—by far and away the most important factor—and they will order you to hand over certain documents, such as tax returns, credit card statements, bank statements, and employment records, in exchange for granting the landlord pre-trial discovery.

There are some exceptions: If the unit is a co-op or condo, for example, it will be instantly deregulated following the tenant's departure. The landlord may even choose to merge the unit with another or otherwise modify its layout, allowing them to charge the future renter "first rent," meaning that the apartment would remain stable but the tenant would be unable to protest the rate being charged.

There are several ways to evict someone in a rent-stabilized unit. Landlord Management can help you make it easier. Contact us today to discuss your options.