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Any landlords here, I have a few ????(17 posts)
|Any landlords here, I have a few ????||african|
Dec 1, 2003 9:17 AM
|I have a non paying tenant, Nov rent not paid, Dec due now. I have called and left a message today.
He has called during the month and anyhow no rent has been paid.
I have some forms that I can copy and type up, but I am looking for some discussion on these matters. Any web sites you know of that I can look at for some ideas.
And I know free advice is exactly that free advice, so I am really looking for some input, ideas, discussion or suggestions, thanks.
|Not sure what your question is, but||OldEdScott|
Dec 1, 2003 9:33 AM
|you need to act NOW. Letting things go any further will just lead to more frustration on your part. If he couldn't pay Nov rent, things aren't likely to get better.
If you were in Kentucky, I would tell you: Send or get a lawyer to send him a 10-day certified letter demanding payment/threatening eviction for non-payment. You can't evict until that is done, but even then eviction is a fairly long process that will require a lawyer and a court hearing. By the time its done, he'll owe you three months rent and will have trashed the place. Loads o' fun.
Landlord-tenant laws may be different where you live, but I believe written notice is a universal requirement, and you may as well get that done today. You can find sample letters if you google landlord-tenant or eviction notice.
|highly dependent upon state law||DougSloan|
Dec 1, 2003 9:42 AM
|State and local laws make a huge difference in landord/tenant law. As Ed mentioned, the first thing you probably need to do is give notice to pay rent or move out. It can make a difference whether there is a written lease or oral, and the particular terms of either. State law can be very stringent concerning the landlord's obligations, too, though, and you may not be able to evict unless you strictly follow procedures.
In any event, whatever you do don't go shutting off the guy's water or lock him out to coerce rent payment. The law really doesn't like that sort of thing.
|I got rapped on the knuckles pretty good by a judge||OldEdScott|
Dec 1, 2003 9:52 AM
|because -- get this -- the tenant was SUPPOSED to put the utilities in his name, told me he did, but in fact didn't. He got two months behind in rent about the time I got a huge summer electric bill. Then a gas bill. Then a water bill. Then a trash collection bill. Turns out he hadn't transferred anything, and wasn't paying rent either.
I shut down all the utilities, on the grounds that they weren't supposed to be in my name, and there was no way in hell I should be required to maintain this fellow in air-conditioned comfort while I was going through the insanely complicated eviction process.
You'd think, right?
Bottom line: I discoevered, as Doug says, 'the law really doesn't like that sort of thing.'
Call a lawyer. It's the only way.
|That didn't sound very altruistic of you||Live Steam|
Dec 1, 2003 12:00 PM
|Why I think if the guy were down on his luck, that a little compassion on your part would have gone a long way toward helping this poor soul get through a tough time in his life :O)|
|The rental property business will make you||OldEdScott|
Dec 1, 2003 12:08 PM
|real un-liberal real quick, my friend.|
|I have first hand experience with it every day :O)||Live Steam|
Dec 1, 2003 12:26 PM
|Your recommendation that he get certified notification for demand of payment out ASAP is about the only course of action he can take. He should have an attorney do it rather than doing it himself. Stationary from an attorney sometimes gets a response whereas a letter from the landlord usually goes into the round filing cabinet under the sink. I always hate when a tenant puts me in this position. I would rather hear from them first hand that they are having a problem and they need time. I feel like a fool when forced to chase after them. I have let tenants go for months without paying or by paying a little each week until they have caught up. I go after them right away when I don't get the rent and don't hear from them as to why.|
|It's just another liberal attack on those who have||No_sprint|
Dec 1, 2003 12:34 PM
|worked to get what they've got!!!! :) The courts have slightly taken the side of the renter and look at it as a cost of doing business for the owner, the loss of a couple/two/three months of rent.
You know, if they didn't, boy howdy would renters get taken advantage of!!!!
|Yes the courts don't want to ...||Live Steam|
Dec 1, 2003 12:45 PM
|create more homeless. It's our responsibility to contribute a fair share to ensure that everyone has a warm bed to sleep. It really doesn't matter that I have mortgages outstanding on the properties and my own needs to satisfy. What is paramount is that the government exorcise power over the landlord that effectively subsidize public housing by allowing a deadbeat tenant to stay on, sometimes indefinitely.|
|LOL Man, you're rollin' today. Awesome! nm||No_sprint|
Dec 1, 2003 12:48 PM
|The top two things that one can do to worsen one's personality:||bicyclerepairman|
Dec 1, 2003 1:01 PM
|1.) Putting on a uniform.
2.) Buying rental property.
Dec 1, 2003 1:12 PM
|my uniform is jeans and a white shirt, or cargo shorts and a white shirt.
I have become my parents without actually having a kid, WTF.
|Is this the boozing roommate?||ColnagoFE|
Dec 1, 2003 10:27 AM
|Just curious. I would not want to be in your position. I hear it is pretty tough to get rid of deadbeat tenants. I would imagine that if you can work it our between yourselves then you'll be better off than going right for the legal route. That said...document everything in case it does get to that point.|
|Is this the boozing roommate?||No_sprint|
Dec 1, 2003 10:50 AM
|If that is the case and you're not the owner, the situation is entirely different than that of a non-paying tenant to you.|
Dec 1, 2003 10:56 AM
|No, my boozing roommate is a good friend, but I am concerned about his drinking and where he is headed with his life. We had a small chat yesterday about him and his girlfriend waking me up at 2am when they come home and do the nasty and generally make a noise. She has been sleeping over far too much and she has 3 kids at her place, 12, 15, 17. So anyway that has come to an end.
I have another house I rent out and the tenant is rather late. I have found some sample forms online that you can buy and download. I have some friends that can help me in this matter as well. It is a first for me, a new experience.
I enjoy all input and suggestions, thanks.
Dec 1, 2003 11:40 AM
|As others have said, get that written notice mailed. The common title in Massachusetts is "Notice to Quit, or Pay Rent". Mail it return receipt requested. You can't even begin eviction until the clock runs out on the written notice (14 or 30 days depending on the state). Don't worry about spending some money, because time is your biggest cost. Letting a rental property sit without earning rent is very expensive. The faster you move on this, the better.|
|thanks, what I have done.....||african|
Dec 1, 2003 12:14 PM
|I have a "notice to pay" all typed up, it is a 3 day notice to pay. This is for Nov, and I will drop one at the house tonight/this afternoon, and I will mail one certified to them as well.
Thanks, I am super busy at work and have a lot to do, but this is a priority and will get done tonight.