Demanding Tenants!!

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mic94

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When we first bought our house about two months later I got orders to be stationed in Japan. so we decided to rent out our house for the next 2yrs. In the beginning the tenants seem fine, they cleared the background check and the husband is also in the military (if they don't pay rent we can talk to his command). After a couple months the trouble starts. The tenants has been complaining about how the house is painted and how the yard has ants in it. We kept telling them the walls are suppose to be an off-white color and that there will be ants in the yard and that those mounds arent ant mounds but refilled holes from the last owners dogs. Suddenly the fridge is no longer working so we sent out a repair man who said it would cost more to fix it than to just get a new one. So the wife send us an email saying they would like a new side by side from Lowes. We tried to tell her we're going to get them a new top freezer fridge, so she writes back saying she has a family to feed and would need a big fridge (it's just her and her husband) and how having an icemaker would be better since her and her husbands makes lots of drinks, and buying bags of ice would be an inconvenience. So we got them a used side by side and now she's complaining of the smell, the guy who installed it told her it would have a little odor and to put some baking soda in there and let it run for a while. Needing a second opinion she calls Lowes who then tell her it shouldn't smell at all. We pleaded with them to just clean it a little and that might help, she said it smelled like something died in it, refused to put her food in it and says if it still smells, there is going to be a problem. So we paid for a maid to go out and clean it, lo and behold the fridge doesn't smell anymore! A day later the fridge hose burst and the downstairs portion of the house got flooded. Called our insurance who took care of it right away, they had to strip the walls and the floors. Now the second fridge isn't working the tenants demand to know where we bought it and wants $200.00 compensated for food loss. So we bought them a top freezer fridge from Lowes with an ice maker and compensated them the $200.00. During the repairs the wife writes to us asking about what kind of carpet and flooring we're choosing for the house, my wife tells her its between us, the insurance people, and the repairmen. She then writes to me, saying vinyl is outdated and we should upgrade so the house value goes up. Even the repair man was saying she keeps asking if she can look at samples of the counter stones and carpet and if she chose one would it fit the budget We're not changing the counter tops at all, she just wants new things. My wife went down to san diego to visit family and told them a week in advance that she was dropping by to look at the repairs and the talk to them about the ant problem (the ants started to come inside). When she got there they asked her why she came all they way down from Japan to just check upon them, she told them she didn't and explained it was to see her family. My wife then chooses the carpet sample, and of course the tenant had a few things to say about it. My wife tries to tell them that if its just ants and it doesn't seem to look like an infestation that in the lease we're not responsible to pay a professional just for ants because when they first moved in there weren't any ants and now that its the rainy season they going to come in and they'll do that in the summer and so on. We can't afford a professional every time this happens. They said they tried everything possible and only a professional would work. This gets them upset and they started threatening to get a lawyer and sue. So not wanting a confrontation my wife says we'll call someone and pay for the first spray and then from there the tenants would be responsible. They agreed and this calms them down. Not a week later we get a implied warranty of habitability notice from their lawyer stating they're refusing to pay rent if the house isn't repaired by Dec.1, if after they're going to pay a pro-rate. So we called the people working on our house and told them the situation. They said the only thing missing is the carpet and vinyl for the kitchen but everything else is in working order, the sink, toilet, fridge,etc. The carpet should be done by next week, so I think they just wasted money on a lawyer. My wife is extremely upset and wants us to see a lawyer as well, she believes if they refuse to pay rent they should stay some were else while the repairs are being done, its states that in our lease agreement as well.Its only been 3 weeks since the first fridge broke. We feel like we're losing more money instead of making any. We're in the process of talking to a property management company but it seems like nothing will ever please these tenants, what should we do?
 
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What should you do?

You KNOW what you should do, evict those trouble making, deadbeats!

This isn't going to get any better.

Things will only get worse.

It is NEVER wise to rent a home that you one day plan to reoccupy.

It is never worth the hassle.

The problem for you might be gettin them evicted BEFORE they bankrupt you!

You would be wise to retain your own lawyer and endeavor to get these vermin removed!

That is easier said that done at this point.
 
2yr contract. They pay on time, so for the time being we have no grounds for eviction. We're hoping when we see a lawyer they can find a loop hole. Trust me, we NEVER want to go through this again so no more renting out for us. I had high hopes that we would have a good landlord/tenant relationship but that turned south. I guess its our mistake so we have to do what we can. We just don't know how to handle them for the time being since they are still in our house.
 
2yr contract. They pay on time, so for the time being we have no grounds for eviction. We're hoping when we see a lawyer they can find a loop hole. Trust me, we NEVER want to go through this again so no more renting out for us. I had high hopes that we would have a good landlord/tenant relationship but that turned south. I guess its our mistake so we have to do what we can. We just don't know how to handle them for the time being since they are still in our house.

Oh, you've got a couple of grounds to bring an eviction action. Evictions aren't always anoint monies owed or owing.

I'm sure your lawyer will school both of you on how to rid yourselves of these pests. After you've been properly instructed, direct your lawyer to bring an action in replevin. They'll resist, you'll have them out in early in 2011!

Good luck!
 
Talked to a lawyer and he basically said we're SOL. The tenants have their rights and that even a small ant problem or no carpets downstairs can deem a house uninhibitable. He said we should try to get on good terms with them for the time being and just pay for professional pest control and try to get the repairs on the house done asap. Our only hope would be to pray that they violate the lease soon so we can evict them. As for the fridge (we found out the second fridge still works, they lied) we can take them to court but it would cost alot of money and time. We virtually have no proof that the fridge did still work while in the house so at this point we just have to give in to them for the next 2yrs. Thank you for the replies we really appreciate your advice.
 
I would get the side by side out of there and get them a regular refrigerator. Tell them if they want something more for them to buy it and properly store the frige that comes with the house. Don't give what you don't have to give or they will keep wanting more and more. Good luck.
 
The second fridge that apparently broke down was a used side by side, we took that out and got them a new top freezer with a built in ice maker from lowes.
 
If you are still able, replace the side by side with a reg fridge. Let them complain. As far as the ants, spray it first and than it problem continue and they are coming in the house, than they are not keeping the house clean or trying to control the ants which in turn can cause damage to your house by going in walls and building nest. Reason for eviction. Try to get pictures of how clean she is. There are loopholes, hope this one helps.
 
Army Judge, Give them some grounds if you know them, don't just wave it in the air. I hate when people do these things like that.
 
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