Topic: Any one with advice on this one?

Hopefully I'm posting this in the right place. This is gonna be a long one but I want to make sure the whole story there so I can get the proper advice, i dont wanna use the tenants real names so those are the only things that will be altered. Ok here we go.....

I am a assistant manager in a 36 unit apartment complex and have been working here for 5 Years.
I have a Tenant we shall call Chad who lives with his Girlfriend Sharon who have been living here longer than I've been working here and they are A+ 10 out of 10 great tenants. Back in January Chad Asked the other manager and I if it was OK for his older Sister Roxxy to stay with them awhile she looked for a place of her own, we gave him the okay. While she was staying with him we got to see and talk to her whenever she took her dog outside, she seemed really nice. Eventually, she asked us when we had any apts available to let her know because she really liked our apartment complex plus it was getting hard for her to find a place because of her really big dog, other places either didn't accept pets or wanted an extremely high pet deposit. Being animal lovers, the other manager and I promise to give her the next apartment that became available if she was still looking. Lucky for her, later on that month we had a tenant that was on a month-to-month lease let us know that they were going to have to move out of their apartment at the end of that month since their roommate was moving out of state and they wouldn't be able to afford the apartment anymore. They also at the same time asked if it was okay if they moved in with their mother who lived in another apartment in the complex and we gave them the okay. We offered the apt to roxxy while chad and Sharon were out of town and she happily accepted and by the end of the month once the other tenant had moved out and we made the necessary paint patches and what not to the apartment roxxy was ready to move in. After about a month living there, roxxy made A complaint about the neighbors upstairs stating that they were too loud and that she couldn't get any rest. I went up and talk to the tenant Living above her and asked if she can try and keep it down, she has two teenage kids and a hyperactive three year old, she said she would try her best. A week later Roxxy gave us a call really upset stating the people upstairs are being loud again and that it seems like they were doing it on purpose now and if we can go talk to them asap to tell them to keep it down. Both the other manager and I live on-site at the apartment complex but we were both not there at the time and were at a condo we also manage. I explained this to her and let her know that we would go talk to the other tenant once we got back. She kept going on and on even mentioning that she doesn't understand why these people cannot just keep quiet since it might not be in their best interest for them to make noise since she has a friend that is a police officer and since they might be illegals (roxxy is white and the tenants upstairs are Hispanic) I was shocked that she made the assumption that just because they are hispanic they could be "illegals" ! but whatever, there was nothing I could really do except to tell her that we will take care of it once we got back. About 20 minutes later the tenants upstairs give me a call and let me know that they just had a confrontation with Roxxy. Apparently she went up there and cause a big scene telling them to quiet down otherwise she was going to call immigration and apparently she tried to enter their apartment. I told him not to worry and to calm down and then we were already on our way back and we would be right there but if she went there again to call the police. Once we got back we talked to Roxxy and she explained that she was just fed up with the noise and couldn't take it anymore that's why she went up there. The other manager and I both informed her that not only did she go over our head by having a confrontation with them but she more than likely made matters worse and that if they really were making noise on purpose now they were REALLY going to make noise on purpose. She apologized and stated that she would apologize to the neighbors but she just snapped. Within the next few days the other manager and I talked to the owner of the apartment complex and explain the situation, we came up with a solution by offering the tenants to switch apartments that way there is no noise whatsoever, that way there are no more confrontations or any bitterness amongst the tenants. We also went and talked to the previous tenant that lived in Roxxy's apartment, since they were still living at the complex in their mothers apt, and asked if they ever had any problems with the tenants upstairs making really loud noise. They stated there was noise but it was never anything extreme. So at this point we are just thinking that Roxxy is overly sensitive and over dramatic about the situation but still decide to go ahead with our solution. After Roxxy apologize to the tenants upstairs we went and asked them if they would be willing to switch apartments and they agreed. We then went to Roxxy afterwards and she agreed at first but then a couple hours later called us and explained that she feels like she shouldn't have to inconvenience herself by switching Apartments and that they should just learn to be quiet or we should just throw them out. We explained to her that we couldn't do that because they really hadn't done anything for us to throw them out and that we were doing the best we can to resolve the situation. Also, it would be harder for the tenants upstairs to switch apartments then her because she literally only had two and a half pieces of furniture in her whole apartment, so it was basically empty, the tenants upstairs have kids so they have way more stuff to move. She still stood firm and declined to switch apartments. the other manager and I went back to the owner of the apartment complex to let him know what was going on again and he stated that he doesn't want to have someone who is unhappy or is confrontational in the apartment complex and for us to just offer her her full deposit back and let her out of the lease without any penalties or fees since she doesn't want to take us up on the offer to switch apartments, which we didn't even have to offer to her to begin with. The next day we went to Roxxy and let her know about the owners offer to which she stated she would think about it. Months went by and we never heard back from her on the offer or the situation at hand and when asked she would just say she would let us know. Then the other day I get served with papers stating that she is suing us for all the months that she lived in the apartment (Five) Plus Moving fees plus the deposit. In the lawsuit it states that we as management did not efficiently help her resolve the situation with the tenants above her making noise so she does not have full enjoyment her apartment. The owner the other manager and I were both stunned that she made no mention in her lawsuit of us offering to switch apartments or the offer to let her out of her lease FEE FREE. The next time the other manager and I seen her after we were served we went up to her and asked her if we can talk about the situation to which she replied that she did not want to talk to us anymore and that she was only willing to talk to the owner or his lawyer and walked away. We were totally surprised on how bitchy she was acting with us now all of a sudden. Within the next few days chad came to talk to us to let us know that he heard from other family members that roxxy was suing us because he no longer speaks to her himself . Apparently they had a argument before he went out of town while she was living with him right before we let her have the apartment and they were no longer on speaking terms. He told us if he knew beforehand that we were even considering to let her have a apartment he would have asked us not to give it to her because of the way she is. He also stated that he would be willing to go to court with us to testify on our behalf. Then, a few days ago roxxy comes to the office to ask us if we had a lighter because her pilot light went out, we asked her if everything was okay and if she wanted one of us to get the maintenance man to go take a look at it and she stated no she just needed the lighter. we gave her one and she left. A half-hour later she texts the other manager and asks him when he is going to go examine the pilot light because it is an extreme situation that puts her and the other tenants in danger. he texted her back and explained that we had both offered to get the maintenance man to go look at it right then and there but that she declined for us to go take a look at it stating that she only needed the lighter, to which she replied she didn't hear us ask her that (BULLSHIT). We then let her know that we will be right there with the maintenance guy. the maintenance guy ended up leaving the pilot light off and letting Roxy know that every time she wanted to use the stove to light a match until we can get the pilot light fully examined. She stated that that was perfect for now. After the maintenance guy finished his work we presented Roxy with a form that needed to be signed just stating what work was done in the apartment and she refused to sign it stating that she doesn't have to sign anything because she is not the one that has to pay the maintenance guy for his time. She also stated that he is not certified to look at the pilot light and that we are putting her and the other tenants in danger. So if that were the case, why did she ask us to go look in the first place??? We Are seriously we are dealing with dr. Jekyll and mr. Hyde here and just a plain bitch! does anyone seriously think she will win her court case?

What an ordeal! I'm no lawyer, but it seems like it would be hard to win a case where you offered her an alternative apartment, she didn't take that option, and then lived there another five months. But again, I'm not a lawyer, so I don't know. Either way, unfortunately, you lose, because just having to battle the case will be a drain on resources.

(By the way, for future readers, you might want to edit your post to include paragraph breaks so it doesn't scare them off. :) )

WHEW! What a mess...
Brent's comment makes so much sense! Taking that, and being prepared, hopefully this will go away.
Not sure what state this occurred in, and laws in different states impact the outcome. But documentation is your friend!
Will your firm be employing an attorney? If so, he/she can give you better guidance than I... But here are a few tips:
* Your company really should have your back on this one, and should provide counsel, and also should ask the magistrate/judge that your names personally should be removed from the court action
* If you don't have counsel, you can still provide the court proof that you/your company is an agent and not personally liable on this one. The proof may be in the form of a management agreement, and/or may be stated in your lease. Find that documentation and present it first! A magistrate/judge should take you off. If she ONLY filed against you/your coworker personally, then the magistrate should throw the case out. If she filed against the legal entity named as owner/manager in the lease, then the case should probably proceed.
* Documentation is your friend! Have clear, simple, dated documentation of each resident conversation, including her comments, and specifics of any offers you made
* Have any policies regarding quiet enjoyment in your lease or policies or local law handy - review them to make sure you understand what is required, or what you've "promised" through your lease
* Have any written policies (including in-house company procedures) available to show how you handle noise complaints, and of course, documentation that you handled them in that manner
* Handle EVERYTHING in writing and BY POLICY from here on out, as it sounds like you tried to do with the maintenance issue. If she asks for something, confirm by email, text, or notice to her, and keep a copy, so if issues come up in court you have documentation of how you handled it.
I hope this helps!

Mary is right, documentation is always your friend. Not only should you document the conversations you have had with this resident, you should ALWAYS document ANY conversations with residents. When you are responding to a problem, question, or comment from any resident, take the time to put the details in writing, then send them to the resident. In this case, you may have saved yourself a lot of time and trouble had you simply put the offer to be released from the lease agreement in writing. Something like this:

"Roxy. This is a quick note to follow up on our conversation today. It has become clear that you are not enjoying your residency with us, despite the fact that we have offered to allow you to relocate within the community. Because the owner of the property values the positive living environment we provide here, and because it appears that we cannot meet that expectation for you, regardless of our offer to allow you to transfer, we want to offer to release you from your lease obligations with no additional fees. Of course, you will be expected to pay rent through your last day of occupancy, and leave the apartment home in good condition. Please respond to us in writing your acceptance of this offer and your anticipated move out date."

I know it's too late for this resident, but this will prove to be a valuable lesson learned.

Another tip for you. While I know the world has gone electronic, I'm still old school and love the method of using a Daytimer book. I buy the 2 page per day, which provides one side of the book just for notes from the day. I write down every thing I complete for the day, and always take notes of any conversations I have with residents, vendors, employees, and even the boss. Then, I can always look back and pull my notes regarding the conversations. This is very effective when a problem arises, and you can go "back in time" and review what actually took place. Good luck! VS

I've had a few Jekel & Hyde residents in my 30 years of experience in property management. One thing I know for certain: document everything! Keep detailed notes and in some cases photos too. It sounds as though you have been more than accommodating to Roxy and offered multiple solutions to this issue. It's always unfortunate when it goes this far. As long as you have a log to back up multiple conversations, solution offers, etc., you will likely be just fine in court. Some people simply are unhappy people no matter what happens and this affects everyone around them. I wish you the best and feel strongly that this will work out in your favor. Whatever happens though, please don't let Roxy relocate to Oceanside! I don't want her at my property!

My support and sympathy to you! ;)

That IS wild! Having dealt with a case mildly similar - in court we did agree to credit the resident $250 for use of an appliance they claimed we did nothing to fix when in fact we did and it still worked. The resident then received a judgment against them that included 3 months back rent, late and legal fees. The $250 was credited to that amount ($3000+). I do not know how your case will go but I agree - documentation is so important. So much so that I am ready to start documenting "Hi's and Goodbye's". I have heard several times, it only takes one bad apple to spoil the whole bunch! Good luck.

Even if you don't have documentation you a couple of items that are working in your favor. At this point the case is your word against hers. What's working in your favor is that Chad is willing to testify and you have the potential of the family who lived above her to possibly testify on your behalf since you reached out to them to possibly switch. She doesn't have any evidence against you and your maintenance guy.

I've worked for a lawyer and if the family above her will be inconvenienced by showing up to court, your lawyer can have someone interview them about their experience living above her and submit that as evidence. She is a racist and I'm sure they are more than willing to testify against her. If you do reach out to them make sure not to offer any discounts because then that looks suspicious. They should willingly do it voluntarily. After the case is over feel free to present them a gift or a discount for them helping you out, but do not do it before.

Good luck. To best prepare for your case save any communication you have with her and if she only verbally reaches out, record conversations and install cameras with audio for times when she comes to the office. Take snapshots of call histories that show you returning her phone calls. For any other employees working with her like the maintenance guy, make sure they record the times they went to see her and have them make a note if she refuses to sign the paperwork. I think you do have a solid case if you are confident that she doesn't have any documentation that would otherwise indicate that you didn't do your due diligence.

The biggest question that your lawyer should ask her is why she stayed so long if she was so miserable.

Here's the thing about trials. They can go either way, depending on the Judge presiding. If this were me, I would have the gas line tested by the gas company and a certified appliance repair tech AND a plumber who hooks up gas lines ALL go at the same time to the unit to "fix" the pilot light. Trust me - the techs you call out will all show up because they understand people are crazy so they will want to help you (and because you will be paying.) As to why she hasn't moved, I've offered people the ability to get out of their leases before with no penalty and they didn't move because they had no money for application fees and new security deposits. Being broke is very real for some people. It also promotes their desperation, so they dig in for the long haul. Being broke and poor can make a Judge sympathetic. Everyone is so right - documentation with date, time, and details. I so wish you good luck!

In my Community Rules and Regulations, I identify noise as "controllable" and "uncontrollable." Uncontrollable is walking, talking, whatever you think it is. Controllable is loud TV, yelling, bouncing balls on the floor, etc. I define both and let them know that uncontrollable is part of apartment living and will have to be tolerated. They sign it and agree.

When there is a noise complaint, I have a form for them to complete to check off EXACTLY what they are experiencing so we can address it. I suggest you put this into place.

In court, documentation that the judge can look over that is easy to read and contains facts and dates will win you the case.

Example:

June 6, 2016--Tenant phones and states neighbors are making noise that is controllable.
June 6, 2016--Management contacted the tenant making the noise and informed them what they needed to do to correct the noise violation.

July 2, 2016--Tenant stops by the office...
July 2 2016--Maintenance tech inspects....

Then a short summary at the end how her actions violated your lease agreement:

1. Tenant complained about pilot light not working properly, but refused to allow maintenance entry.
2. Tenant confronted another tenant and caused a disturbance, violating Paragraph 5 (a) of the lease agreement.

Have a copy of your lease highlighted with all of her violations of it.

Then a list of the actions everyone took to remedy her complaints.

She's a con artist. The personality changes and the type of complaints are typical of one.
I've dealt with this type of tenant before. She's probably used other names and has done the same thing before. Check her driver's license. It was probably new a few months before she moved in. That's another clue.

Let us know how it turns out. An opportunity for us all to learn!