Renter problems-rant

[plumcreekfarm]

Our first home was a duplex. We moved to our farm and couldn't sell the house so we began renting it. We have in 6 years never had a bad renter until now. This lady has one sob story after another and has been a slow payer since the second month. Her lease is up June 1. She still is $850. behind. We lose 2-5 hundren on the stupid place every year as it is. We asked her nicly to move out if it was too much apartment 3 months ago. I just can't understand how someone could take advantage of others with out being ashamed. There are vacant apartments in the same town for half the price. We offered to let her out of the lease and give back the deposit too. Now we have to start the evection process. I think she is going to make this difficult and expensive. I really feel landlords have no rights and should at least be able to cut utilities when children are not involved. We were thinking of turning off her hot water, but not sure if she could sue us.

[Shirley]

If the lease is up June 1, don't renew it, May 1 give her 30 day eviction notice. Then take her to small claims court to get the money she owes you.
You can get in trouble cutting off her (hot) water.

[MorrisonCorner]

Don't know where you are plumcreek, but I feel your pain. I tell people who visit us and make "ooo" noises (as I type this we are knee deep in spring muck: people oooo in July) the dirty little secret of small farmers is rental property. When it works it provides sheltered cash flow... the deductions offset the income, but you've got cash flowing in once a month. When it doesn't it is a nightmare. We've all been there.

I don't know what you can expect to pay for legal advise where you are, you might want to get some. In VT the tenant must sign a document indicating that they've been advised that they've got to move. They have 60 or 90 days depending on various variables. If they refuse to pick up the notice and sign for it you have to hire a deputy to serve them. And even then they can refuse to sign the receipt. No signature? No proof of delivery.. and they can sit in your house until you go through the entire court process, not paying rent, wrecking the place, and at best the courts will assign you "costs." Which you will never collect.

You're right: landlords are no rights. You can't enter the house. You can't turn off utilities. And you are stuck with cleanup, paying the utility companies, and repairing damages. In our case we've paid for a moving truck... the whole eviction thing can turn into an expensive nightmare.

But it will be MUCH MUCH WORSE if you don't do it right. That tenant probably knows her "rights" under the law backwards and forwards and put a foot wrong and she will unleash the wrath of the prophets upon you.

And don't even bother giving a thought to "sue her in small claims court." Every time I see that advise is strikes me as naive. People like this are "suit proof" because they have nothing. You can't garnish wages... the court won't order it. The court will say "pay the man" and then it is up to you to collect it.. which you won't. Why should they pay you? They don't pay anyone else.

Plan A is to contact this woman and tell her you are coming to inspect the property for needed maintenance. Make a specific appointment and document it. When you are in the apartment find something catastrophic. Carpenter ants, structural damage, whatever, which isn't life threatening but will require extensive work. Whip out an "eviction for no cause" based on your state statutes. Ask for the back rent.

In a week evict her for cause (nonpayment of rent), which shortens her time from (in VT) 90 days down to 30.

But plan on getting some part of the legal system involved, either a lawyer or a sheriff. If you don't need them, great. If you do, at least you're prepared for it.

And as I say... we feel your pain. People whine about "affordable housing" but I notice nobody whining about affordable housing actually provides any. If they did they'd have a completely different perspective on it. If we didn't need the income I'd burn the place down and roast marshmallows on the embers.

[Judy in IN]

Morrisoncorner is right. Find something terribly wrong that needs repair. OR, you could take off the front door for needed repair. After all, it's YOUR door. They move pretty quickly, with no front door.

[Alice In TX/MO]

If you can't enter the property, your lease isn't written correctly.

I've NEVER had to pay utilities for a renter that moved out. Those bills follow the renter, not the owner of the house.

The primary income from a rental property comes in capital gains when you sell it. Otherwise, they are a tax shelter and long term investment and allow me to deduct tools that I want to buy.

If you can get her to sign a promissory note for what she owes you, then you'll have more clout in court than when trying to recover back rent.

[Queen Bee]

Do not turn anything off or you will be the one in big trouble. Call your clerl of court's office and ask what you need to do. NC will not let you evict anyone who is sick. There are lots of laws for any renter.. KNOW YOUR rights, laws and the correct way to evict..NEXT time=.Do background checks, call ref. etc///

Been there done that! Rented 6yrs with not one problem then came the renter from 'way down deep" ! We lost money, we had to fix sheetrock, replace floors and walls to the studs, screens and windowns, toilet, the stove, refg and dishwasher were full of dirty dishes w/rotten food, and their was drug 'things' in the bed room and clean out three truck loads of trash she left in the house!

We now have wonderful renters!!

If I ever get another renter like that I will evict and burn the place down...(Not really but I sure will love too)

[Shirley]

Originally Posted by MorrisonCorner

And don't even bother giving a thought to "sue her in small claims court." Every time I see that advise is strikes me as naive. People like this are "suit proof" because they have nothing.

Naive? I don't think so. If someone will leave a rental owing me money they will get a court ordered judgement which goes directly onto their credit history and it will follow them everywhere they go. They might be "suit proof" because they have nothing at the time but lives and wages change and a judgement will haunt them until it is paid. Try renting another place or buying anything where they will do a credit check. Yes they can work around it paying cash or rent where there is no credit check but a judgement will limit their options.
So, to allow anyone to walk away owing is naive.

[GrannyG]

Small claims can give you a judgement, but you still cannot collect. We were awarded $5000 in damages and unpaid rent, to no avail. I just let the good Lord handle it. I let them take advantage of me. He had epilepsy, had many seizures, wrecked his car, and his family was in need. We knew what it was like to have to have cash to see the Dr. so we kept letting them slide. They did not have to destroy the house, even tore the paneling off the walls, destroyed the new appliances, just out of hatefulness. I see her every time I go to the store, I can look her in the eye, I always say Hello, but I often wonder what the new landlord is facing. Most of our renters are wonderful, and we have helped many over the years, always being repaid in full. Once we get renters, they do not want to leave it seems, the last renter was with us for over four years.

[busybee870]

make an ammended lease, increase the amount of rent to spread out the back rent owed, get her to work on your farm in exchange

[busybee870]

make an ammended lease, increase the amount of rent to spread out the back rent owed, get her to work on your farm in exchange, most landlords just evict you

[plumcreekfarm]

Wow! Wonderful and experienced advice. I can't wait to talk over the idea of something being wrong in the apartment with my husband. Great idea.

[Kevingr]

Did I miss something? If the lease is up June 1st, don't renew it. That's what I do with renters I don't want, and they move out. Worse case if they didn't get out when they were supposed to, in MN I can have them out within 30 days, and that's if I have to go to court.

[edcopp]

Sounds like the lease was up a while back, the minute that YOU let her get behind in your rent.

Now landlords do have rights, the right to remain silent and that's about it.

The minute that you do something "cute" like cot off the hot water, or remove the front door you can be assured that she will move to the nearest Holiday Inn (or better), at your expense. The judge will side with this poor little old lady, not the Rich landlord. All landlords are rich don't you know?

So just enjoy your legal adventure, your lawyer bill, the delays that will come, the clean up of her mess and one more thing, get set to lose more than $500 this year.

[plumcreekfarm]

Ha, Ha how did you know we always lose $500? lol

Her lease is up, and she is behind, but I have a feeling she isn't leaving with out a uniformed escourt. Well, I guess we will get a lesson in the legal system.

[Quint]

If they were late on their rent I gave them a warning in writing. Second time I kicked them out. I got burned one too many times with sob stories. After a couple of times getting burned and taken advantage of I no longer cared if they had kids or if it was 20 below. I had the sheriff come and toss them and their trash on the side of the road and didn't feel the least bit bad about it.

[Lazy J]

I have to jump in and agree with the frustrations of being a Landlord. My current renter is a "Christian", but is also a lieing, blowhard!!! Everytime I attempt to collect the rent there is a problem. If you are a landlord you have heard them all.

I served him with a "Pay or Quit Notice" tonight, so we will see how this works out.

One thought I have had was to use EFT as a payment option so I can deduct directly from the renter's account when the rent is due. I am also thinking about going to rent due every two weeks. Have any of you done either of these?

Jim

[unregistered6474]

I had my leases written up so that the first time a tenant was late with the rent, the late fee was $50 and the rent went up $50 for the remainder of the lease.

I never had an unexpected late payment. If someone was in a bind and it was going to take a few extra days and they let me know, then I was ok with that.

You may want to check out the web site www.mrlandlord.com and ask questions in the forums there. It's not the prettiest site, but there is a TON of good information and people are very willing to share.

[Alice In TX/MO]

I haven't done EFT on rent, but I have done it on a personal loan to a teaching colleague. Worked great.

[nappint]

Originally Posted by GrannyG

Small claims can give you a judgement, but you still cannot collect. We were awarded $5000 in damages and unpaid rent, to no avail.

This is sort of true - my sister owns a property management company. She had a previous tenant who stiffed her on rent, she placed the "collection" account (rent plus fees) on his credit and forgot about it. This loser contacted her out of the blue last year to settle the amount owed

Seems he wanted to buy a house with his new wife and they couldn't get a loan with the outstanding account LOL! So you might eventually collect on your judgement )

Plumcreek - I'm sorry you are dealing with this deadbeat but you've received some good advice - just grit your teeth and stay within the law. Document everything in case you need to take her to court - if you win, make sure YOU submit the judgement to the credit bureaus! (((hugs)))

WTA: Please place any outstanding balance on her credit reports - the more difficult you make it for her to rent another apartment (like failing the credit check) the more likely you are to get your money.

[Lazy J]

Originally Posted by Katlara

I had my leases written up so that the first time a tenant was late with the rent, the late fee was $50 and the rent went up $50 for the remainder of the lease.

I like that idea!!!

Of course the biggest problem I have with this renter, aside from late payment, is that he isn't communicating.

JIm