Before becoming a Realtor with Century 21 Hartford properties, I did nothing but property management for 15 years and I have dealt with all of the above and Believe me, it takes a lot of know how and experience to deal with your issues.
It makes all the difference in the world that you have a realtor with my experience, and I am not just saying that...if you don't hire me, hire another realtor with similiar property management experience and you'll see better results as well.
I wish you luck with your problem.
Better than luck, have someone knowledgable deal with each and every problem in the right way.
The fact is the rent board will support a landords position if the landlord is seeking fair and reasonsble treatment or relief from an abusive tenant.
This situation is also an important example for all owners to keep tenants under legal agreement. When a lease expires make it very clear that the month-to-month tenancy going forward is subject to the same rules of access, maintenance, showings during sale etc.
Dumping the property means selling at a discount that is clear and the tenant becomes the buyers problem. Suing her won't do you much good as she likely has no assets.
The previous advice is all good and you really should take steps to deal. Read the contract, look for help from HUD or the issuing authority locally, after that consult an attorney and the San Francisco Rent Board. The rent board is an important step so don't bypass it. YOu want to go to them as the most reasonable landlord that ever walked the face of the earth. Your side must be known to them or they will only hear the tenants side.
Once you consult an attorney have all communication come from them. Remove yourself from the conflict, it will save you heartache and the tenant won't be able to play "he said - she said" as well.
Obvioulsy all of this will cost you money. Weigh out the expense against the sale price and decide if you's rather just dump it and walk away. If you decide to dump be sure to disclose.
With this situation, you should document the dates and times she has intimidated potential buyers/realtors and lied about the lawsuit. Consult with a RE Lawyer and voice your concerns. If in fact you have proof of the water waste, let the lawyer know about that as well.
I have a deep respect for tenants rights, and they usually cooperate with a sale, however just a few give tenants a bad rap.
I am a real estate attorney and a broker. Call me for a free consultation.
Russell Davis, Esq.
As you can see from the variety of responses from those who are attempting to orient you, there are no simple solutions to this type of situation. Bottom line, it may suit you to find a lawyer who will give you honest and pertinent advice, even if you wind up paying a hefty fee for this -- it'll potentially save you thousands later on.
Hope that helps. Oh, and check out how the tenant advocates see it, click on the link below.
I understand your concern. I had a similiar problem with a property in Berkeley. I ended up taking the tenant to the Rent Control Board and we won. However, in the mean time, document everything that's happening and you can always have an offer written contingent upon inspection of said unit. Good luck :)
First contact the rent board and document your call. Begin documenting ALL of your discussion with this tenant. Send her a letter by registered mail after talking to the rent board and tell her what they say. If this fails, call an attorney who specializes in landlord tenant matters. There are many good ones listed on my website. ALL will give you a free telephone call to discuss how they can help you. Make an appointment with one on Monday, or as Jed points out, "dump" this property by selling low and disclosing you have a Section 8 tenant. You will have to disclose your dealings with her no matter what. That is why you MUST keep track of any and all conversations and letters between the two of you.
Maybe a carrot will work better than a stick in this situation.
First Weber Group
Certified Distressed Property Expert
Tough situation. We have seen situations where well-intentioned property owners end up doing something that causes them grief later even though they were well-intentioned. You need to get an attorney who specializes in landlord/tenant law and go from there.
Lance King/Owner-Managing Broker
Happy to refer you to some good attorneys in San Francisco that specialize in these matters. Your realtor or their broker should also be well suited for this as well so start there!
Wish all the best!
Amerifirst Financial Inc.
Lending in AZ, CA, NM