LANDLORD'S CORNER

[DanielP]

What is legal is irrelevant. What is practical is all that matters. Offer them cash to move.

[hikatz]

Try mediation, maybe you can work out your differences!

I happen to know one of your tenants who is currently living in one of your rentals. The rental was not in the best shape when they rented it, [] so the fact these tenants have upgraded their unit, is a plus for you!

[ric]

To tell a property owner that their rental is not in the best shape is really offensive and irrelevant. The tenants were not forced to rent that unit, they had free will to go somewhere else. Furthermore, all the damage and trash around rental units, I guarantee is done by the tenants, I have NEVER seen a landlord break something on his own building.

In addition, 98% of tenants don't even know how to spackle a nail hole properly (it ends up looking like a lump), or know how to paint (usually get paint on carpet, wood trim, and everywhere else), so I would be hesitant to call any modification an "upgrade". The tenant did this for THEMSELVES, not to benefit the landlord.

Furthermore, what is there to "mediate"? They haven't paid rent, the only thing there is to do is PAY or MOVE!

[hikatz]

The reason I mentioned mediation is because of post #4 on PunaOnLine

(http://www.punaonline.com/forum/topic.asp?rand=6417483&TOPIC_ID=840)
the situation is obviously spiraling out of control.

Unfortunately since I have an old computer I cannot access their website to leave my comments.

Many older rentals around the Island are not in good condition, and have not been kept up, it is unfair to assume the tenants are always at fault.

[ric]

Uh, I believe that many owner-occupied properties on the island are also not kept up. Does the conditions of rentals have any relevance to ANYTHING?

As our local court commissioner (on the mainland) would announce at the beginning of every session of eviction court:

"If it's good enough to stay, it's good enough to pay."

And it really doesn't matter "who's at fault", the tenant doesn't have to stay there.

[hikatz]

Ric, my comment of older rentals was directed at you, since you brought up that most tenants were responsible for the damage to their rental units.

It is unfortunate that Shakahashi, in allowing his tenants to stay owing that much back rent is going through this nightmare. But comments from earlier posts about trying to settle this problem and move on makes sense!

[ric]

No, I think your comment was directed at the original poster, mentioning that his rental was "not in the best shape". I just don't see the relevance and bringing it up is counter-productive.

[EightFingers]

How much communication do you have with your tenants generally? I'm a "hands on" landlord (meaning I take care of the yard work and repairs) which gets me to the units at least once a week. Your tenants need to know you're around and checking on things.
Was your tenant paying $425/month making them 8 months in arrears? That seems like a long time to let it go.
Have you sent them a registered letter notifying them of unpaid rent due? What does your lease say regarding upgrades?

[Tropickid]

This matter really hits home for many of us landlords. There is a real need for tenant screening. The way property management is done here (other than a rare few good managers) is nothing short of criminal. The legal system heavily favors the tenants. There was a case we heard of which went like this: An elder person had an empty apartment and thought it would be nice to have some company. The person rented the place to a tenant who only had to pay their own utilities and kept their own space clean-that was all-no rent!

Apparently this was not good enough-this tenant almost immediately violated the terms of the agreement and created a mess. The owner asked them to leave-the tenant decided to go immediately to the court house and got a TRO (Temporary Restraining Order) for 3 years against the owner and had the owner removed from their own property. The TRO was granted solely on the basis of what the tenant had stated-no questions were asked of the owner's position. This began a nightmare-the owner is required by law to pay all the tenant's utilities and house payments-even though they are banned from their own property. The only recourse is through the court system-and the tenant can have continuations that drag the case for the full term of the TRO.

I hate to make this sound negative but there really needs to be a "Tenant Black List"-and "Good Tenant List". Tenant screening for criminal,credit,past evictions,etc. would be a great step forward. The tenant would be responsible for paying a modest fee for this screening by an independent 3rd party service.

One more thing-we have also heard from several landlords about tenants who have stolen all the appliances-stove,refer,washer,dryer,dishwasher....-and act as though it was a complete surprise-someone else would fence the merchandise. It looks like some type of a theft ring because the same situation has been repeated many times over. When he called the police they asked "where's your proof?" On top of that, the police do not like to get involved with Tenant-Landlord issues. This really needs to change.

[SHAKAHASHI]

I'm with you tropickid, lets get together and plan a regular "Landlord's Corner".

newmicmag