Nasty Neighbors

Forget about doing something as a landlord! Call DCFS for the kids! If there are urine and feces on the floor, the place is a health hazard. Your tenants don't need to know that it was you who called. For all they know, it could have been the exterminator or one of their children's teachers who called. If DCFS can do a welfare check on the kids and get this family to clean up their act, then maybe your problem will go away. Good luck, and please let us know what happened.

Unlike our friendly California respondant, I DO know Texas law. If they havent signed a lease after a year or 24 months, they are "month to month" tenants. Give them 30 days notice, document ALL damage with a camera (preferably with a newspaper in the pic) and take them to court for repairs. Then, send them a certified letter itemizing all repairs. Do not forfeit the security ...you could possibly sue for extended damage.

You may think they are nice, but that "nice-ness" will cause you BIG BUCKS!!!
M.

Honesty is the best policy. If you feel comfortable I would just go talk to them. Let them know the bug guy came to you with some concerns abouth haiving a hard time spraying due to things being on the floor.

When your over there talking to them mention the smell and tell them they need to get it cleaned up. You said they're nice people so give them the benefit of the doubt for now.

In the mean time I would call a lawyer and ask what your rights are as a land lord as far as demanding they clean up. Just in case these neighbors don't do what you ask.

I would consult a lawyer about what your rights are as a landlord and how/when you can enter the rental.

Are you able to smell the urine or feces from their place in your place? Perhaps you could use that as a way to go over there and look.
Maybe schedule a maintenance call of some type that is in the home and you tag along?

M.

I've owned rentals and have been appalled at the way people live! anywhere I have rented in my life always has looked better when I moved out, but I'm in the minority, I'm sure. I know there was not much we could do unless there was a specific "inspection" type of clause in the lease. Maybe you could add a specific clause when you renew their lease?

I would schedule time to inspect the property and take a camera with you. If they cause more damage than the deposit will cover, keep an itemized list of repairs, carpet, tile, etc. and take them to small claims court if they refuse to work with you.

I also 2nd the CPS or DCFS for the children’s safety. That is unbelievable! People should not be allowed to keep children in conditions like that.

Good Luck!
E.

Do you think that your security deposit is sufficient to cover the damage? I would defer to people who know more about tenant's rights in Texas, but if there is already material damage to your property then you should probably take some kind of action now rather than hoping it will go away.

We're renting now and after a year the management company left a notice that they would be doing routine maintenance check or something like that (I don't remember exactly what they termed it). They basically had the leasing agent walk through the apartment and look around then ask if there were any maintenance issues that needed to be addressed.

Maybe you could implement something of that nature, I'm sure you're in the right to do that. Just check tenant laws to see about how much time to give.

Good luck!

Here's the thing: How would you feel if the bank sent someone over to tell you that while you are not doing anything illegal, they don't LIKE the way that you are living in their house? It's horrifically invasive and offensive.

I don't know Tx law... but in most states I've lived in, after 1 year the LL is required to paint, and after x number of years (most commonly 2-3) the landlord is required to replace the carpet. As I'm sure you know 90% of normal wear and tear is on the paint and carpet.

You CAN require that a residence be available for repair people/ exterminators/ etc... but typically it has to be on the renter's schedule (AKA, you pay for it, but they set the time and date) OR a notice has to be given and marked received x number of weeks in advance. For good reason... (and I've been on both sides of the fence, renting and LL). Having work people show up when you're not ready for them (don't they ALWAYS come at the worst times???) is frustrating to say the least. From a LL perspective, having the signed notice (if I'm scheduling them) means that if the tenants aren't prepared then THEY pay for either the extra time or for the trip charge to have them come back out. (I usually prefer to leave it up to the tenant to schedule, for just that reason... I just give them a 30-60 day time period, and then the co notifies me when it's complete). Obviously, I can see why if you're dealing with multiple units why you would only want one trip charge.

The thing is though, while the trip charge is legitimate... if their lease isn't up... you can't really tell them how to live, regardless of how well intentioned you are. If you think it's a matter warranting CPS, then call them... but don't take it upon yourselves to police them.

* * *

Our "last" land lords (my H now refuses to deal with individuals anymore, leasing companies only) had absolutely NO boundaries. Finals week, baby had the flu, and they had the NERVE to complain that the house was a mess. They showed up with a work crew the DAY OF MY WEDDING with 30 minutes notice. While we were out of town for a week our house sitter said they tried to gain entry 4 times. The grass was too long, we pruned the tree back too short, my son was naked (my son was naked in the house a lot... he loves the water and we had a hottub... we also had no air conditioning), there was mud on the carpet, they didn't like the way our furniture was arranged... my god... the list goes on. Now they were generally nice people, and I've had close relationships with both LL's and tenants in the past, and I have ALWAYS gotten my cleaning deposits back. But these people were attached to OUR HOME, like it was theirs. Their house, but our home. We would return it in good condition, but their constant demands that we keep it how they wanted it kept was both illegal and incredibly frustrating. We eventually had to go through HUD and file a complaint against them. They were fined, required to go to a 60 day landlord "school", and barred from the property. We weren't using drugs, committing any illegal activities, or non-paying of our rent. As the judge said, they'd get the house back at the end of the lease.

You sound like a nice person, but if their standard of living is merely below yours (aka they're not committing illegal acts) ... you need to give them their space to live their lives. If at the end when they move the damage deposit doesn't cover the damages (excluding LL responsible things like painting/carpet), then you bill them. If they refuse to pay the bill you send it to collections. DO do an exit walkthrough, and DO take pictures AFTER they hand over the keys (our LL's tried to take pictures as we were moving, before we'd even finished packing much less had the carpets cleaned, and done the final move out clean... and they tried to use them in court. The judge looked at OUR pictures and sided in our favor in about 10 seconds). They tried to charge us 7k in "damages". 8500 of which were deemed, well fradulent is the wrong term. But to give you an idea of how we left the house, we were not only judge not to have to pay the "damages" but 1500 (the entire refundable part) of our 2000 deposit was judged to be returned to us

From having been on both sides,
R