Problem with new Tenant

[Hilary Kohal]

I had a realtor find me a tenant for a townhouse I own and lease in the same community where I live. Before the tenant moved in a couple of neighbours mentioned to me that they witnessed that the prospective tenant seemed to be blind or physically challenged. I called my realtor and asked him to ask the cooperating realtor if there were special needs accommodations I should be aware of. The answer came back no. I was told the lady had knee surgery over a year ago but her son was going to come once a week to take her shopping and to do her laundry (washer and dryer are in the basement). Her son's name was on the rental application but not the lease so I asked my realtor to ask the cooperating realtor for clarification. I was assured the son had his own house and wouldn't be living in the leased townhouse with his Mom.

The lady moved in and her son moved in with her. He seems to be a middle-aged couch ornament. Since moving in the lady has asked for grab bars in her bathroom, a hand rail on the front 3 steps up to the unit (wrought iron as per condo assoc standards, $330+) and modified back steps (all supplied and installed at my expense); and a walk-in shower to replace the bath tub (not accommodated). Now she wants to buy a stackable washer and dryer and have it installed in a main floor storage closet as she is having a hard time with the stairs to the basement. When asked, she admitted her son does not do laundry. She now wants me to help with the expense of installing the washer/dryer; I said no. As it is I have to ensure my insurance doesn't go up because of the main flour laundry and a finished basement.

The lady has very bad knees and had cancer treatment last year that has left her quite weak. When I called the landlord/tenant board here in Ontario I was told that I have to do whatever is necessary to reasonably accommodate her disabilities. I asked him for clarification on the word reasonable.....anything from a grab bar to an elevator was the answer. I don't think he was serious about the elevator but he was making a point....I have to do whatever is necessary to let her live safely in my rental hiuse.

Today when I went to the townhouse she complained about everything from everyone leaving their garbage bags in front of her house on garbage day and the time it takes for the 2 trucks to come by to collect, to a dark area in the downstairs laundry room (which I pointed out had a blown light bulb.)

I would like to have this woman out of the townhouse. I feel she is a law suit about to happen. She is only 3 months into a one year lease and she pays her rent on time. I'd love to find her some place else to live that accommodates her needs. I realize this will cost me but probably less than a law suit.

Does anyone have any information or experience in this type of situation? Must I pay for all mobility and safety accommodations considering I was never told that she would need help before she moved in?

Thanks.
Hilary

 

[Sherilynn]

I responded in your duplicate thread: http://myreinspace.com/threads/new-tenant-problem.34296/

 

[Matt Crowley]

^^ Unfortunately, I do have experience in this situation. My first note is to be very cautious. If someone has unlimited time to spend enforcing their tenant rights against a landlord they feel wronged by...you are in for a very ugly relationship. You probably will not win in court if someone makes it their life purpose as a tenant to make things difficult for you.

It can be a bit disastrous when renting to someone who has legitimate special needs but uses them to their advantage. I had a tenant who got away with uninstalling the pond in my back yard and filling the hole with dirt without my consent. (She was in a wheelchair and got people from her church to uninstall it). In court, she cried in front of the judge about how she just wants the house to be pretty. Law doesn't matter in the presence of judges....sometimes.

A couple quick suggestions:

1. Try and make this a financial question, not a personal one.
2. You will NEVER make her happy. Ever. EVER. My tenant complained about the plugs not working on her stove. We bought a new one. She screamed at us in the house when we came to take it away because it didn't have the glass top.
3. It is your house. Not your tenants.
4. Don't take her moral accusations to heart. They have nothing to do with you personally at all. There was a miscommunication about her needs and the house was probably not diligently chosen by her in good faith.

What I would do

1. Fire PM.
2. Hire a PM experienced with this issue and figure out what is "reasonable accomodations". Once you have this information perform a financial scenario analysis:
(A). Make the accommodations
(B). Sell the house as-is with the tenant and move on

 

[kfort]

Keep in mind the hood ornament of a son may be living there to "assist" her in her physical needs. If so, why do you need to move the laundry? If not, evict based off breach off lease.

And fire the realtor. Never pay people, or give them repeat business when they cause a pain in your rear. Pay people to get rid of one, not create one.

Best of luck.