i think i screwed up

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94 months ago

Help me in ks!!!
I'm a new site manager of some subsidized apts. I'm familiar with a lot of the tenants. I like most of them, just real decent people.

But there is one....grrr!

Anyways one of the tenants asked if she could pay her rent last month, in payments. Well we figured it up and put it in writing.

The tenant I can't stand, left a note in my box, requesting a pay agreement as well. I waited about 6 days after the 3 day demand. Still no rent. A few days after that I served her a 30 day notice to vacate. I did not technically give her a yes or no answer till the eviction notice. She tried to pay n full twice after I served her. Both times I returned her money.
I have written her up 4 times this last month. I came across a piece of paper that had her boyfriends name on it with her address. Yea it was dated 2 years ago. She swears he isn't living there. But isn't that proof? I wrote her up for not having her 'companion' dog on a leash. The dogs not really a threat. The former manager didn't make her keep the dog on a leash as the dog is well trained. I took the opportunity to write her up. She had like, 2 other violations. Moving on.
There in my box was a paper from this same tenant requesting a payment plan as a reasonable accommodation on her behalf and her son who has autism and she has some 'issues', hence the companion pet. I don't know how she knows but someone slipped about me giving the other tenant a payment plan
From hen house gossip, she's thinking real hard about filing some type (I don't know what) of discrimination against me.
My question is, if I approve this payment plan request (which she wants to cover this month and last), can she still sue me for discrimination for not giving her the same opportunity as I gave the other tenant? wouldnt that be her getting the payment plan after all ?
What kinda repercussions would I be looking at if I deny her?
Can she still sue me if I approve? Help me pl

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94 months ago

First of all "don't live your tenant's lives", and don't believe anything they tell you in the gossip chain.
Do treat all tenants the same.
If you did a "one time" thing when a tenant had trouble paying rent, it's not any other tenants business.
I'm sure you have a lease, and I'm sure the lease states when the rent is to be paid. Do not let your tenants bully you.
Your lease and your house rules are your friend.
A reasonable accommodation to pay rent when THEY want to is NOT reasonable.
Why would a tenant need a "payment plan"? If they are on Social Security they get paid on the 3rd of the month and should pay their rent some time close to that date.
Remember that accommodations must be "reasonable".... paying rent at some obscure time is not reasonable.
Hope this helps.

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charliewade in Bay Area, California

94 months ago

A payment plan? Why would you agree to such a thing? Your tenants already have a payment plan: they pay rent in full on the first of the month. You NEVER agree to take partial rents, you just don't do it. When you do it the first time, you guarantee it will never be the last time, not just with that tenant but all the rest of them, too.

The fact that you did not respond to her request is irrelevant. In absence of you actually agreeing to her request, her usual payment schedule is still in effect. If anything, it's more helpful that you didn't respond to it at all; responding to it gives her the opportunity to argue about it.

Let her think all she wants about filing anything against you. Rule #1 when it comes to people threatening to sue: 99% of them never even look into actually doing it, they are just all talk. Even if they are not, there is nothing to address or worry about until if/when you are served with legal notice of a suit. So just flush all that gossip and talk out of your head.

Do NOT agree to a payment plan. If she wants to argue that you are discriminating against her, let her; the burden of proof is on her, not you. Do NOT agree to a payment plan, if you do you will have nothing but more problems.

Do NOT agree to a payment plan for any tenant. The agreement is and always has been that they pay rent in full on the first. If they cannot fulfill their end of the agreement, then they get a 3 day notice and it progresses from there. Nothing personal, it's just business.

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