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How do I handle a nightmare tenant?


My tenant signed a one year lease. She's been late on rent 4 times out of the 6 months she's lived there. She sent a partial payment in March and claimed she thought she was ahead because she applied for state assistance. I didn't buy the story. She told me after I called her (on the 9th) to ask where rent was and she said I am not paying you until I get the piping fixed in the house (they're slow to drain but never posed a problem or health hazard). She just freaked out on me. Rent is due on the 1st. She said the house is unlivable because the water smells (the town is well water- tested and is potable). So I get a plumber to go in (found no problems) and now she says she isn't going to pay rent until the Board Of Health comes in and does an inspection. My condo is clean, recently inspected to refinance, new carpets, fresh paint etc. There is nothing wrong with it. I told her if she does not want to pay rent based on smelly water, she will have to move out. She keeps hanging up on me.

Also, I have remained calm and collected and careful with what I say. She has no argument. She refuses to provide a name and date the BOH supposedly is going to do the inspection; won't return my calls; she hung up on me three times when I told her living in apartment at the cost of someone else is not an option.
I could see if the place was just disgusting, run down and nasty. It is far from that. She's complained about the well water which I think led to this nonsense. Sort of using it as an excuse. I want to terminate her lease based on nonpayment and possibly lying about calling the Board of Health- she stated they were coming out to do an inspection- yet won't provide me with a date or time.

First thing, remember that you are the boss here and that you make the rules.

With that in mind, you call the board of health and check on the status of the claim. This will verify if one was even made.

Second, if she has reported the property to the board of health, wait until the inspection is over before filing eviction. The reason i say this is that if you file eviction after she has reported the property it can look like a retaliatory filing (which is illegal). All you need is a tenant friendly judge and you will be in trouble.

If the BOH has no record, server her with the proper notice to quit (3,5,10 days - find out what it is in your state/city/county). Once that has been done file for eviction when the time is done. Key thing here is to get the upper hand. If you server her a pay or quit before she calls the BOH you have the upper hand. It will look like she is trying to get out of paying rent any way she can (which is what she is trying to do).

For my tenants, I always deliver the pay or quit notice on the 5th of the month. I allow payments for rent to be made until the 5th. I do this because here where I am it can take 45 days to get a tenant out. With the 3 day notice to pay or quit that's 48 and then add in the extra days to schedule the sheriff to come and we are talking almost 2 months before I get the place back.

Rentals are a business. Keep it that way

Good Luck!

I wouldn't waste much more time. I would start the eviction process on her now. Let her file a complaint with the Board of Health, let them come out and inspect the place, but keeping the process going on the eviction. She is playing you and probably did the same thing to the last landlord she had. Did you check her references?

You serve a 30 day notice to vacate immediately. If she does not leave follow through with the help of a district justice. The water in this city smells bad to. Tenants can't use that as an excuse not to pay rent.

Take shelter of law immediately.

I've found that offering them money to leave sometimes helps..:)

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