A shady tenant, a truck and a strange situation...
Purchased a small retail/office plaza in FL 2 months ago, with 9 tenants. One of them has a strange behavior: it's a beauty salon that's never open, at least in business hours. Sometimes, some shady guy would come up, spend 5 minutes inside and leave. I went there several times to introduce myself but the place is always closed. I don't know how she (the business owner) pays the rent, of about $2k a month - she's late btw. Well I suspect something's fishy but cannot prove it. This week, an old Tundra was parked in front of her unit with expired license tags - and it remained there for 5 days. I thought it was either abandoned or stolen. After confirming it wasn't stolen, another tenant, who's a property and parking manager, put a parking violation notice on the car, on the 3rd day. After 48 hours, I decided to call the towing company and the car was gone. A couple of hours later, the tenant texted me asking who towed her car. I explained the whole situation and of course she was angry. I didn't know the car was hers (I don't know her in person because she's never there) and there isn't anything in the lease agreement that allows the storage of vehicles in the parking lot. Now she wants reimbursement of the towing costs. Because I'm a soft hearted idiot, I said that she could deduct $300 from the rent if she pays it on Monday and promise to make an effort to pay on time from now on. Do I have any risk here?
[{"id": "i3z77n0", "text": "If the tenant is consistently late on rent, are you collecting late fees?  \nWhy aren't you starting to evict the tenant if she is consistently late on rent?", "replies": [{"id": "i449v55", "text": "Yes, 10% late fees. Evicting became my main objective right now.", "replies": [], "depth": 2}], "depth": 1}, {"id": "i3z9at4", "text": "I wouldn't of gave them a discount but I get it. \n\nI bet you have language in the lease that allows you to inspect the unit with notice. You could then go inside and see if it looks like it's an actual salon.\n\nFirst, I would reach out to the local/state board that regulates the type of salon they are (hair/ nails/ massage) and ask if they are licensed. If they aren't I bet that will be a default of their lease. The board will also be happy to start fining them if they aren't.", "replies": [{"id": "i3z9rui", "text": "I didn't answer your question. No I don't think you have any risk regarding the towing or discount. In my state, I have to have towing signs posted at all entrances to tow without notice,  but you gave them plenty of notice. They have no right to store vehicles on the propety, you didnt know it was theirs,  and the car wasnt street legal by having expired tags.", "replies": [{"id": "i3zolj0", "text": "This.", "replies": [], "depth": 3}, {"id": "i3zrqr2", "text": "Thank you!", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "i3zocmt", "text": "If you don\u2019t have hours of operation and penalties in your lease for them not being open then you should. That isn\u2019t in the lease for you to fine the tenants constantly,, it\u2019s to make sure you don\u2019t have a zombie unit that reduces traffic and exposure to your other tenants.", "replies": [], "depth": 1}, {"id": "i42luoy", "text": "Find out whats going on in there and maybe get rid of them", "replies": [], "depth": 1}, {"id": "i42y7x1", "text": "Why would you give into a Tenant who is already late on rent?  You just set the standard as to how this Tenant will treat you moving forward.\n\nAlso, it is not required for the business to be open unless stipulated in the lease.  That said, as Landlord you have the right to ensure the space is being used for its permitted use.  A Landlord inspection is not out of the question.\n\nLastly, you are a Landlord.  Need to get strict and a backbone if you want to survive this industry.", "replies": [{"id": "i449xcs", "text": "Agreed.", "replies": [], "depth": 2}], "depth": 1}, {"id": "i42z1a1", "text": "The hair salon is probably a front for either prostitution or illicit drug manufacturing. I would evict her and find a new tenant.", "replies": [], "depth": 1}, {"id": "i4p3khv", "text": "What is the Use Clause say?  you have no risk, till the ATF descends on the place for special spa with happy finish and your property is on the 7PM news!  Post \"No Overnight Parking\" signs!", "replies": [], "depth": 1}]