The Property Management Shop
by Marc Wilson
Q. I have a particularly problematic tenant—he appears to be a drunk and a drug addict. He plays his music until all hours, harasses the other tenants, allows unsavory characters into the property, and is often found in the hallway totally inebriated. He used to be such a nice man. What can I do?A. I have a couple of those, too! The key is to act quickly and decisively. This kind of tenant is a danger to himself and to other tenants, and must be dealt with immediately.
When the other tenants in the building complain, ask them to write down their complaints and mail them to you. Send the offending tenant a warning letter indicating that his behavior is a violation of his rental agreement, and that you will be forced to proceed with legal action if he doesn’t behave. You may even want to enclose a copy of the rent ordinance, Section 37.9(a)(3)—this includes the just cause for eviction verbiage based on nuisance, damage, interference of comfort, etc.
Get at least three tenants to send you specific letters outlining their allegations, then call those tenants and ask them if they will “be there for you” if you proceed with the offending tenant’s eviction. In other words, make sure you can rely on them to back up the allegations you will have to include in your summons and complaint. If possible, ascertain whether they will be prepared to testify in court.
Since there is no profit motive, it is generally easier for third-party property managers to be more aggressive when dealing with problem tenants. While owners need to contend with the perception that they are taking action in order to increase rents, property managers are less susceptible to this perception.
Once you have letters and verbal commitments from your tenants that they will testify, make sure that you have wrongful eviction insurance. Next, make sure that your allegations are correct and that you have given the tenant a reasonable chance to “clean up his act.” The next time the offending tenant “slips,” immediately serve him with a 3-day notice terminating his tenancy. If he does not vacate, serve him with a summons and complaint and it’s off to court you go.
Chances are you’ll settle with the tenant at the mandatory mediation conference—most of these characters do not want to go to trial and watch fellow tenants take the stand and describe the horrible details of their lifestyle. In any case, you should not be concerned with the probability of failure. You have a job to do: you need to provided a safe, habitable environment for your other tenants. Do not delay with people like this—move quickly and decisively.
Most owners in town tend to be too tolerant when it comes to enforcing
their rental agreement and asserting their legal rights. The money
you spend on attorneys is a normal business expense, and you should
spend it freely. The offending tenants will be impressed by your
resolve and might just leave voluntarily.
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. Marc Wilson has been managing and selling San Francisco apartment buildings for 15 years. Please send your questions concerning property management and/or apartment building sales to Marc Wilson at 1699 Van Ness Avenue, SF, CA 94109. He can also be reached at 415-229-1275. © Copyright 2001