As Written for the Wisconsin Apartments Association
by: Corina Eufinger
In this final look at “Setting The Tone For A Tenancy”, we look at move in day and the successive first 60 days of the tenancy. This article will put all the puzzle pieces together on how the pre-tenancy phase sets the standards for the tenancy. We will look at situations that often arise when a tenant has been able to assert dominance in the relationship and how difficult it can be to get it back.
Chances are most of us have had a tenant call us before the 1st to see if they can move in early. Sometimes they are looking for just a day or two so that the 31st they can turn over their previous unit to the landlord with time to clean it (or so we hope is the case). Other times they are looking to move in more like 4 or 5 days early. I have no problem appeasing these phone calls if 3 circumstances are met: 1) the unit is ready at the time of their call (no exceptions); 2) I haven’t already set their move in appointment with them (one of my personal pet peeves is rescheduled appointments for move-ins because the beginning/end of the month is always jam packed); 3) I can reasonably fit their request into the schedule. Also, no matter how many days they move in early, I always charge a daily rate. The only day I don’t charge for is when they take keys on the last day of the month.
I cannot stress this next point enough: NEVER LET A TENANT MOVE IN WITHOUT FULL SECURITY DEPOSIT AND FIRST MONTH’S RENT PAID (in a non-bounceable form). Even if you followed all the other pointers that I’ve laid out in this series, if you throw this one by the wayside you have lost control, and control over the most important part of the tenancy for a landlord. Money.
Under most circumstances a move-in goes fairly smooth. In theory there shouldn’t be a long list of repairs because everything is already done. But s*&$# happens. One of the ceiling fan bulbs decided to burn out as you turned it on, the batteries on the hardwired thermostat aren’t working even though you just replaced them, etc. I have been there and most tenants are extremely accommodating when it’s small stuff like that. So there is no reason to rush a maintenance guy over or quick grab your batteries. It can be handled the next day. Responding like it’s an emergency to a standard repair on move-in day says to the tenant you react quickly to all maintenance repairs, all the time.
If you find yourself with a tenancy where the tenant has seemingly taken control of the relationship Is it possible to regain authority in this relationship? You can, but it is a painful and annoying process. You will need to be firm and use that backbone you hopefully have. The tenant will complain you aren’t accommodating them anymore and accuse you of treating them differently. In reality you are treating them….more normally. You’re not available at the drop of a hat anymore, you don’t respond to maintenance as soon as they call (emergencies excepted). Other than how annoying this process is given the “lip” you will likely get, what is worse is that by changing your over-accommodating behavior after move-in you have also proven the idea that once you are a customer no-one really cares.
If you have to regain control financially, it gets a little more sticky and…expensive. When you issue a 5-day notice they are shocked you would do such a thing. You likely got a less than pleasant phone call from the tenant telling you that you are a horrible person and why does it suddenly matter because it didn’t before. If they don’t pay up during that period, they are trying to call your bluff. You cannot back down from this. You must file the 5-day. File, get a process server, etc. If you don’t follow through at this crucial stage you will never be able to regain control. Your eviction threats will be hollow and meaningless. Don’t get caught in a trap where you chicken out of filing because it’s only one month. If you have lost monetary control of the situation, you have lost control over the most important aspect of how successful your rentals are. It doesn’t matter how safe and clean your housing is if you aren’t getting paid for it.
Do yourself a favor and maintain control. Follow your rules and make your needs the priority (but not the need to fill the unit ASAP). Be polite, but firm and accommodating when it fits your schedule. Don’t place yourself in a rush or bind to appease the applicant or future tenant. If you follow these rules, your future self may just build a time machine to come back and thank you for keeping their landlord life a little simpler.