Friday, July 30, 2004

How to Handle Your "Impossible" Tenant

How to Handle Your "Impossible" Tenant

Everybody has had them. I can remember the name of every one of them. These are the tenants that won't play by the rules, and have no limitations to the amount of grief they can cause you - most actually delight in calling a hundred times a day, and complaining about things that most people would never dream to even talk about.
So until every manufactured home park tenant becomes a solid citizen, this is a primer on how to handle them, and avoid the type of liability and unpleasantness that they can cause.
Which Type Are They?
For the sake of simplicity, I'm going to divide problem tenants into two groups: 1) behavioral and 2) verbal. "Behavioral" problem tenants take actions that jeopardize the welfare and aesthetics of the community. "Verbal" problem tenants do their damage by harassment of the park management.
Both types are not conducive to a well-managed, profitable park, and must be immediately disarmed and/or removed from the property. However, in many cases, the proper steps can cure their issues and make them a normal, paying tenant again.
"Behavioral" Problems
The first type of behavioral problem is the tenant who engages in criminal activity. The most common of these is manufacturing/dealing in drugs. Signs of this type of behavior include a constant stream of cars dropping by the house - normally at night - for very short intervals, as well as people milling around in the street at night, in the vicinity of the manufactured home.
The important step here is to do nothing yourself, but to only take action through the local police department. You should never get directly involved with this type of tenant, due to risks of physical harm to you and potential liability. Call the police department and tell them what you have been observing. If there really is something to what you suspect, the police will take care of it.
But if the police fail to take action, then your next step is to non-renew the tenant's lease. Assuming that the tenant is on a month-to-month agreement, you can simply not renew, and they have to move out at the end of the next full month. Even then, it is smart to have a local attorney file this notice and to handle any subsequent legal action to evict them.
The Tenant Who Won't Keep Their Property Up
Equally disruptive - but not as scary - is the tenant who refuses to keep their property in an acceptable condition. Debris everywhere in the yard, a house with a paint job that you can hardly tell what the original color was, or grass that is 3' tall. It is impossible to ask the rest of the park community to keep up their property when you allow this individual to get away with murder. So what do you do?
The first step is to notify the tenant in writing that they are not in keeping with the park rules. This assumes that your park has rules; if not, you need to adopt some immediately. It is essential to keep everything in writing so that you have a legal paper trail in case you should have to go to court for any reason.
Give the tenant a detailed request of what needs to be done to be in compliance with park rules, as well as a timetable to complete the work. Of course, they will rarely meet this deadline, but it's the critical first step to show the court that you are trying to be reasonable.
Once the deadline has passed - and the clean-up has not been completed (or probably even started) - then you have two choices: 1) non-renew the tenant's lease or 2) take matters into your own hands. To take matters into your own hands, I'm suggesting that you clean up their yard, mow the grass, or re-paint their house at your own expense. You can then either bill the cost back to the tenant, or just write it off. How do you choose what to do? The key is the tenant. If your tenant is old and infirmed, then they simply do not have the ability or funds to make the needed repairs. If they have paid their rent like clockwork for the past several years, why cut off that income stream by evicting a good-paying tenant? If, however, the tenant is young and able to do the work themselves - but too lazy to do it - then you might want to bill it back to the tenant to send a clear message that breaking of the rules is not tolerated. You might break the charges up into several monthly installments to make it more affordable. But you cannot let people continue to ruin the park for everyone.
The Verbal Problem Tenant
These are the tenants who complain continuously about anything and everything. They don't necessarily disturb the other tenants - their aggression is focused on the park management. I have had these type of tenants who will call at 11 PM and then again at 6 AM; they have virtually no boundaries.
These are much easier to dispatch than the behavioral problem tenants. You simply have to turn the tables on them. Here's how.
When the tenant calls to complain, tell them "you are clearly unhappy living here, you really should move to a manufactured home park where you would be happier." This throws the tenant off immediately, as they think that their power over you is that you don't want to lose them. When you let them know that you don't care about their rent anymore, they are now in a position of weakness. In addition, it costs around $3,000 to move and set a manufactured home. So for them to move, they will need to come up with $3,000 cash. Who's in a position of weakness now?
Conclusion
Problem tenants can be solved. Don't let a tenant ruin your day. Take action and turn the tables on them. It's good for you, and it's good for the community.