how to notify tenant of changing landlord/mgmt?? night mare tenant

[michaerlscai]

I have a house for rent in phoenix, AZ..I was listed as landlord, I live in California now and going through divorce, I'd like my wife (who is in AZ) and her new partner to be the landlord.

The tenant is very uncooperative, they just broke the garage door without notifying us, we only found out after HOA notified us. They wouldn't let my wife enter the house because only I'm listed as landlord. They also have a dog, even though on the lease it says no pet is permitted.

Question#1: How do I notify the tenant the house is now managed by her and/or her partner. Is a letter sufficient or does the tenant need to sign? what if tenant don't sign?

Question#2: Also the garage door has structure damage, and is not functional, the whole door may need to be replaced. Is tenant legally liable for it? How do we make the tenant pay? when my wife was there, the tenant said he won't pay. Tenant didn't notify us, we only found out after HOA notified us of broken garage door.

 

[CSO286]

I have a house for rent in phoenix, AZ..I was listed as landlord, I live in California now and going through divorce, I'd like my wife (who is in AZ) and her new partner to be the landlord.

The tenant is very uncooperative, they just broke the garage door without notifying us, we only found out after HOA notified us. They wouldn't let my wife enter the house because only I'm listed as landlord. They also have a dog, even though on the lease it says no pet is permitted.

Question#1: How do I notify the tenant the house is now managed by her and/or her partner. Is a letter sufficient or does the tenant need to sign? what if tenant don't sign?

Question#2: Also the garage door has structure damage, and is not functional, the whole door may need to be replaced. Is tenant legally liable for it? How do we make the tenant pay? when my wife was there, the tenant said he won't pay. Tenant didn't notify us, we only found out after HOA notified us of broken garage door.

1. Notify tenenat in writing, Certified, return receipt requested.
2. Small claims court if they won't pay.

 

[OHRoadwarrior]

Your lease should have verbiage covering this. I would plan on eviction being the end result.

 

[michaerlscai]

1. Notify tenenat in writing, Certified, return receipt requested.
2. Small claims court if they won't pay.

1) so tenant doesn't need to sign it for the change of mgmt to be effective?? we are going to hand them over to a mgmt company at this point
2) tenant says the door hit his truck on the way down and he is not responsible, because door mal-functioned.. how do I counter that?

 

[Zigner]

1) so tenant doesn't need to sign it for the change of mgmt to be effective?? we are going to hand them over to a mgmt company at this point
2) tenant says the door hit his truck on the way down and he is not responsible, because door mal-functioned.. how do I counter that?

You would counter it by showing that the door did not malfunction.


ETA: If you're handing this over to a true, professional management company, then they should be able to give you some guidance on these matters.

 

[michaerlscai]

You would counter it by showing that the door did not malfunction.


ETA: If you're handing this over to a true, professional management company, then they should be able to give you some guidance on these matters.

how, the door is broken now.. yes it will be handed over to mgmt company.

 

[Zigner]

how, the door is broken now.. yes it will be handed over to mgmt company.

How to show it didn't malfunction? You would need to have your repair company provide their professional opinion on the cause of the damage. I'm assuming this is an automatic door. As such, it should have a safety stop built in to it that would prevent this sort of thing from happening. I suspect that you're going to end up paying for the repairs to the door and that you are lucky that tenant isn't asking you to repair his vehicle.

 

[Gail in Georgia]

"They also have a dog, even though on the lease it says no pet is permitted."

Uh...you do realize your tenants are breaching their lease correct?

Gail

 

[TigerD]

Just start the eviction process.

Talk to a local landlord attorney and get them out before they cost you thousands.

DC

 

[michaerlscai]

Just start the eviction process.

Talk to a local landlord attorney and get them out before they cost you thousands.

DC

so I can evict them because they have a dog and breaching the contract? can I evict because they destroyed the garage door?

my other question is do they need to sign anything for me to transfer this to a different mgmt company?

Their lease ends end of 02/2014, and they pay rent every month, so maybe I should wait it out??

 

[South954]

2) tenant says the door hit his truck on the way down and he is not responsible, because door mal-functioned.. how do I counter that?

Tell him to show you pictures of the damage on his vehicle.

I can tell he is lying because it the door did cause damage he would have asked you to pay for his truck to be fixed.

Most likely he damaged the door with the truck and you can sometimes tell by the damage to the door and the truck who is at fault.

 

[FarmerJ]

You do not have to send via a method they must sign for , if you say send two copy of letter one via confirmed mail delivery and the other a day or so later via certified mail even if the tenant refuses to sign but later claims you did not send by then if they refuse the certified one it will be sent back to you , keep it sealed in original letter if challenged in court you use your receipt to show that the notice was sent one way and offer to the court the other one that was refused and returned to you. Tenant has zero say as to who manages the unit for you , and yes this tenant is in violation of lease for having a pet and do have the door looked at and if its determined that the door did not malfunction you also want them to note if it appears the door had been hit by a vehicle.

 

[STEPHAN]

Check your contract. Even if it was malfunction (I doubt that), he would have to notify you that the door needs repair and that the house is unlocked.

 

[michaerlscai]

Check your contract. Even if it was malfunction (I doubt that), he would have to notify you that the door needs repair and that the house is unlocked.

The garage door was obviously run into, all four pannel were damaged, and metal bar were bent..

Tenant wouldn't let my wife enter the house, how do I authorize my wife to inspect the house? I'm the only person listed as the landlord and I am out of state right now..

 

[TigerD]

The garage door was obviously run into, all four pannel were damaged, and metal bar were bent..

Tenant wouldn't let my wife enter the house, how do I authorize my wife to inspect the house? I'm the only person listed as the landlord and I am out of state right now..

Get an attorney. you are not currently capable of handling this yourself.

DC