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What would you do

Lynnie avatar
SoWal Insider
5,715 views
Tough times, but have tenant not paying rent and has no job. Have been patient, but have to consider business is business.

I believe a rental management co. would evict.

Am new here, but have followed some discussions. Any input is greatly valued.

Thank you!

sowallandlord

Replies

36
Bobby J avatar
Beach Fanatic
#27
Successful Eviction!!

Tenant did not abide by terms of lease or eviction notice so we are now considering moving forward to sue for back rent. Not something we want to do, but we have to look after ourselves in this economy.

Have any of you landlords here ever had to sue in a situation like this? We are not litigious, but this turned ugly despite our generosity time and time again....and, we are out quite a bit of money. Quandry!

Move on and along unless you truly feel these folks have the money and are hiding something. Shelly's visual sums it up. She is a smart cookie.
Chandra avatar
Beach Fanatic
#28
Unfortunately, suing for back rent is no guarantee that money will mysteriously appear.

I have sued both a landlord for withholding a deposit and a tenant, as previously mentioned, for back rent. In the case of the landlord, the judge ruled in my favor and I never saw the money. I would have filed for a lien on their property, but I shortly discovered that they were subletting to me.

In the case of the tenant, after a couple of months of payments - arranged through mediation and ruled in my favor - they stopped paying. By some miracle, after a year, either their conscience got the best of them or they needed to clear their credit, they quietly paid.
Lynnie avatar
SoWal InsiderAuthor
#29
We have learned that things 'aren't always as they seem.' There are discrepancies with $ from tenant. The lease was breached in more ways than just not paying rent, which was discovered when we entered the property after the tenant vacated. Again, we are not litigious, but there is a line to be drawn even in an economy like this, when people blatantly attempt to take advantage. And, there were issues from day one, which is all documented.

We are presently trying to contact the tenant to work out a plan and are not hearing from them. After a couple of more attempts, we will file a law suit and ask for a garnishment of wages. Whether or not we receive the money that is owed, which is now several thousand dollars, we will be granted a judgment and from here, we will be in line for any assets this person acquires. Credit will be further ruined and if and when this person does attempt to repay us, we will have earned interest as granted by the legal system.

I appreciate all of your comments. Unfortunately, there is more than blood in this turnip.
SHELLY avatar
SoWal Insider
#30
We have learned that things 'aren't always as they seem.' There are discrepancies with $ from tenant. The lease was breached in more ways than just not paying rent, which was discovered when we entered the property after the tenant vacated. Again, we are not litigious, but there is a line to be drawn even in an economy like this, when people blatantly attempt to take advantage. And, there were issues from day one, which is all documented.

We are presently trying to contact the tenant to work out a plan and are not hearing from them. After a couple of more attempts, we will file a law suit and ask for a garnishment of wages. Whether or not we receive the money that is owed, which is now several thousand dollars, we will be granted a judgment and from here, we will be in line for any assets this person acquires. Credit will be further ruined and if and when this person does attempt to repay us, we will have earned interest as granted by the legal system.

I appreciate all of your comments. Unfortunately, there is more than blood in this turnip.

...keep us posted--you'll provide a valuable service to present and future landlords.

.
.
Banned
#31
Successful Eviction!!

Tenant did not abide by terms of lease or eviction notice so we are now considering moving forward to sue for back rent. Not something we want to do, but we have to look after ourselves in this economy.

Have any of you landlords here ever had to sue in a situation like this? We are not litigious, but this turned ugly despite our generosity time and time again....and, we are out quite a bit of money. Quandry!



Let it go. Learn from your mistake, and pick better renters next time.
Seagrove Lover avatar
Beach Lover
#32
Wait a minute, isn't their laws about renting.

The business you are in as a landlord has a lot of risks, as I have found from personal experience. You cannot necessarily pick good renters. Know the laws of discrimination. Cost of doing business is IMHO careful credit history review and having requirements there. Good luck getting them out. Hope you got a deposit to keep.

By the way as far as I know you cannot legally remove doors or withhold utilities. Better to let them pay utilities in their name.

Seagrove Lover and Landlord:blush:
Bobby J avatar
Beach Fanatic
#33
By the way as far as I know you cannot legally remove doors or withhold utilities. Better to let them pay utilities in their name.

Seagrove Lover and Landlord:blush:

You can get creative if you have to. ;-)
SHELLY avatar
SoWal Insider
#34
You can get creative if you have to. ;-)

...like letting the house go into foreclosure.

.
Miss Kitty avatar
Meow
#35
Ask a Lawyer Online Now 12 Lawyers Are Online. Ask a Question, Get an Answer ASAP.
JustAnswer.com/Law/Real-Estate

This ad was on the top of the page. First the TV guide, then the cover of the Yellow Pages, now this. But, I'd ask an attorney. (find a free one :biggrin:)

SWLL...good luck. I can't imagine people thinking they can live for free in someone's house. I hope you find a suitable renter next time...and soon!
Lynnie avatar
SoWal InsiderAuthor
#36
The business you are in as a landlord has a lot of risks, as I have found from personal experience. You cannot necessarily pick good renters. Know the laws of discrimination. Cost of doing business is IMHO careful credit history review and having requirements there. Good luck getting them out. Hope you got a deposit to keep.

By the way as far as I know you cannot legally remove doors or withhold utilities. Better to let them pay utilities in their name.

Seagrove Lover and Landlord:blush:


Check out posts 22 and 29. You're a little late on this one.
Bobby J avatar
Beach Fanatic
#37
...like letting the house go into foreclosure.

.

Not sure how that would get you your rent money...:idontno: But it may get you a charge off. ;-)

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