Posted by corine on July 08, 2008 at 07:33:34:
smile. Dressing someone down. I hear you loud and clear. Advice taken.
I think I’ll just let the atty take it from here.
Another learning experience.
Your judgement is sound…I respect that.
problem tenant - Posted by corine
Posted by corine on July 07, 2008 at 09:51:59:
My mold tenant in So Cal. is acting up. Sent her that rent increase for July 1. Two days later, I get this damage to my condo.
She signed a 6 month lease and small rent increase.
She’s done a direct deposit the entire time she’s been there. Stiffed me on the increase this month. Just sent her an email saying she has three days to deposit the extra stipend.
I don’t want to accept partial payment because that deems I accept her terms. I could return her rent with a three day notice to pay rent or quit. That’s my best solution.
What do you all think? Pleas advise.
I know what she’s doing. I made the repairs to the shower and it’s fully functional. The damage to the hard wood floor I will repair when I move back in in 2009. It’s not a big deal as there’s a couch over the area, which is why it took her months and months of damage not to notice it in the first place.
I know how this chick thinks. She feels that because it’s not the way she rented the place, she’s not paying the increase.
Help
How to take a bad situation and make it - Posted by JT-IN
Posted by JT-IN on July 07, 2008 at 17:23:42:
WORSE…
You have known what you are dealing with here… You also have not really repaired the damaged area, and yet you wish to pass along an increase in rents… Seems like a prescription for disaster to me.
Do this… take out a scratch pad, write down the amount of the desired increase per month in rent, take that times 6 (remaining time on the lease), and tell me if that number is worth the hassle and frustration you are dealing with here…?
Didn’t think so… You already have a bad situation, of which it seems that you have had a reasonable amount of catalyst in the result, and then you do not repair damages and expect more money per month… Not exactly how the big boys seem to do this prop mgmt thing.
Your attitude with this tenant smacks of “my b@lls are bigger than yours”, and you insist on playing this drama out with her. This fits the definition… doing the same thing over and over again, and expecting different results. NOT!!!
Re: problem tenant - Posted by BTI
Posted by BTI on July 07, 2008 at 16:51:14:
Corine
Call it quits, turn the yellow pages and find a good eviction service that does this all the time.
Get rid of her and go back to being a landlord, you don’t need a property manager, just a decent tenant and a good rental agreement.
BTI
Re: problem tenant - Posted by DJ-nyc
Posted by DJ-nyc on July 07, 2008 at 14:43:00:
Landlording is not for the faint at heart. Treat this as a “business”.
DJ-nyc
Re: problem tenant - Posted by corine
Posted by corine on July 07, 2008 at 12:30:35:
I am a chicken. Hate confrontations. I just can’t believe this b----- has the b---- to not pay her increase. cheeky as they say in England.
I spoke with an atty. today. Someone whom was on legal staff from the RE office I was with for years. She’s amazing. I’m done with this tenant and will go with what the atty advises. This tenant is running the show. Maybe a letter on atty letterhead will get her attention, though she says she’s already spoken with one.
I like you advice Rick, and may also follow that path. Honestly though, she’s already talked to an atty., so I really kind of have to do the same.
I really like this atty. She has no patience for all this mold c—.
Thank you both for your input. I sense you care. Thanks for that.
Re: problem tenant - Posted by steve
Posted by steve on July 07, 2008 at 12:28:04:
you keep crying about this tenant. It’s getting old. Get over it. Get rid of her or deal with it. period
Send her the pay or quit notice - Posted by Rich-CA
Posted by Rich-CA on July 07, 2008 at 11:22:56:
via certified mail immediately. Inform her that you require the entire amount is due on the 1st and that late fees are now due as well. Include a list of how much late fee payment is required based on what day her shortfall clears your bank, not based on when she mails it or submits her electronic bill pay.
You must do it this way so you do not lose time on the eviction should she refuse to cooperate. You will need the proof of service as part of the evidence that you followed the state mandated procedures for evictions. So you don’t lose on a technicality. E-mail does not cut it.
I would not return her rent. Inform her that the funds are being set aside to pay for her eviction, which by lease she has to pay for anyway. Or you may not want to say this. But in either case, it may be the last money you see, so I would not return it.
Does your lease say you accept partial payments but that rent is late until the entire amount due is paid in full? Mine does. For the future, its best to spell out how funds are applied: HOA fines, repairs caused be tenant negligence, late fees, then rent.
In any case, do not try to work things out informally. Follow the procedures so you don’t end up stuck later.
send 3 day notice then PAY attorney … - Posted by steve
Posted by steve on July 07, 2008 at 13:21:22:
to do your dirty work. Attorneys want to get paid too!!
Everyone talks to an attorney but few want to PAY the attorneys to do the things necessary. IF you really want something done, PAY the attorneys sooner rather than later and get the ball rolling. (My opinion is that sometimes you are better off using a bribe to get rid of tenants rather than paying the legal fees to do same - cost will be close ((and I say this as an attorney)) because legal fees are not cheap)
This is NOT intended as legal advice. Legal advice is worth what you pay for it!
Re: problem tenant - Posted by corine
Posted by corine on July 07, 2008 at 12:34:24:
It ain’t that easy honey. I was willing to accept her until the end of December…no waves, until she stiffed me on her increase.
And that’s my fault? She’s the aggressor at this point. I spoke with an atty. Do you have any faster remedies? Get rid of her? There are laws you know. It’s not that I haven’t tried
Re: Send her the pay or quit notice - Posted by Edwin
Posted by Edwin on July 07, 2008 at 11:34:25:
I agree with Rich, who says: “…it may be the last money you see, so I would not return it.”
Accepting partial rent deems nothing, so don’t worry about it. Just be sure to immediately follow up with a 3 day pay or quit. I’ve been reading your posts about this woman, and my feeling is you need to stop acting so scared. It’s time to push back as hard as she’s pushing you. Even harder, maybe. You seem to be afraid of a confronation about the mold or water damage issue, but to that I can only say, don’t worry about something that hasn’t happened yet. Don’t worry about things you can’t control. This woman appears to want things her way, and she will test you every way she can. It’s time to assert your authority and make it clear to her that unless she behaves, you will fight her just as hard as you can until she is either gone or backs down. At this point, I think you should be looking for every technicality you can to terminate her lease early. Be brave!!
Re: PAY attorney …Steve Q: - Posted by Corine
Posted by Corine on July 07, 2008 at 13:43:54:
She will, like the last time refuse to accept the letter, document. I have the last one I sent “return to sender”.
What then?
Re: send 3 day notice then PAY attorney … - Posted by corine
Posted by corine on July 07, 2008 at 13:33:31:
Your right. Three day going out manana. With something like this, I don’t care, I’ll pay the atty. Just deal with it swiftly. I’m just very grateful I know this atty. from my work history. She’s good.
I’m just trying to get my head into someone like this tenant. I would never prod a tiger, (not that I’m a tiger) over 100. increase. She’s already shown herself to be a royal pain in the a–, and I was willing to let sleeping dogs lie, then she pulls this sh–. I don’t get it.
I rented until I was 39. Yep, I was a chicken then also, and had ultimate respect for the people whom I rented from. I’m too nice, I get walked all over.
I will look into property management.
of course - Posted by steve
Posted by steve on July 07, 2008 at 13:23:20:
she is going to TRY an stiff you on the increase. You can’t blame her for trying. Just call her bluf and serve the 3 day notice to pay or quit.
Refused the letter - Posted by Rich-CA
Posted by Rich-CA on July 07, 2008 at 17:03:59:
You don’t send a letter registered so she can read it. You send it because the law requires it for notification. See the difference? An attorney (or you) can make the case that any registered letter refused was done so because the tenant already knew what was in the letter. You may also use a process server for the same thing and to post the notice on the front door of the unit.
You can be certain when she refuses the court papers as well things will be wonderful for you - she won’t know her court date and you can win by default (defendant does not show). Then the next thing she knows Sheriff’s deputies are supervising the drill out and replacement of the locks and the hauling away of her stuff to a storage unit, then she’ll know you are serious and it will also be too late for her to do anything about it.
Go for it and hope she accidentally refuses the letter containing her court date.
Re: PAY attorney …Steve Q: - Posted by steve
Posted by steve on July 07, 2008 at 16:11:11:
in Florida you don’t need to get anyone to “accept” letter for 3 day notice, it is just posted on property if whoever answers door refuses it.
I have recommended many times that landlord pay the $20 to have either the Sheriff or a process server do the service. Especially when serving legal papers, the Sheriff gets many peoples attention.
The next poster does offer good advice. If you are going to pay the attorney whatever it takes, let her/him handle the whole thing. don’t get involved. most landlords are trying to save money and want to handle some steps themselves. I am not saying give the attorney a blank check, but in Florida we have attorneys/services that all they do is landlord stuff and their fees are reasonable compared to deaaling with the tenant yoyrself.
Also you stated something about getting a management comapny, do it and let the management company deal with everything except your share of the rental income!
Re: PAY attorney …Steve Q: - Posted by Edwin
Posted by Edwin on July 07, 2008 at 14:16:00:
Corine, you’re letting yourself get confused by little stuff that doesn’t matter. If your tenant is too stupid or arrogant to accept your letter, THAT’S NOT YOUR PROBLEM! Furthermore, do you really want a tenant who makes it difficult for you to communicate with them?! Don’t forget who is in charge: You!
Rich suggested you inform the tenant they owe a late fee, too. Absolutely, but be sure you don’t ask for it on your 3 day notice or it will be invalid. Only delinquent rent can be demanded on the 3 day notice. Demand the late fee in a separate letter. Your attorney should know all the rules to follow. Let her handle it. And next time hire a manager if you don’t have th stomach to deal with tenants personally.
Here’s a stupid Q: - Posted by Corine
Posted by Corine on July 08, 2008 at 04:31:16:
I’ve never had to evict anyone in CA before. I’m on the east coast for another 6 weeks or so. How can I handle this from here?
And your right, JT. It is only 600 dollars, and definitely not worth the hassle, but if you’ve followed this drama…well, I usually own up to my share in things, but this time…
Briefly, after 2.75 years of tenancy, one on lease, remainder month to month, I give her a 100 dollar increase…two days later. Two days! I receive an email with three pics showing and area in the corner of the living room with considerable water damage to a hardwood floor. 3x5’area. The shower drain all of a sudden started leaking after 6 years. OK benefit of the doubt. The repairs have been made, the shower works, the wall is sealed up…and DRY. She can put the couch and rug back over the area, like she has for the last 2.75 years,where she apparently didn’t become aware of it until this small increase.
So yes, this has definitely become a p----- contest. Like I said, I was willing to let sleeping dogs lie and thought I wouldn’t hear from here until December, then she goes and stiffs me on the increase.
It’s stupid on her part also. Really, prodding the tiger. I’m not backing down. I’m not letting a tenant run over me. Sheâ??s been running the show since I met her. My fault for taking her. She moved some dud in and when I questioned her about it, she reamed me a new one. Thatâ??s about my extent of interaction with this lovely lady. Thanks Rich for your help.
I suspect my atty. Will also recommend just letting her stay her term without the hassle.
I know you guys have no faith in me, but how can I do this on my own or with an eviction service if she has an atty. Which I very much believe she does
Re: PAY attorney …Steve Q: - Posted by corine
Posted by corine on July 07, 2008 at 14:18:26:
OK
Thanks for the advice on the late fee. I would not have known to do that.
I’m doing my best guys.
I would follow all the steps towards - Posted by Rich-CA
Posted by Rich-CA on July 08, 2008 at 11:33:40:
evicting her assuming you will have to. What if her lease ends and she does not move out? Then what? Of if she decides you won’t do anything and she starts to deduct things from rent or just stops paying? By having the paperwork marching along the shortest possible timeframe, you are prepared to move quickly if you need to. If you do not do this, you will have to start the entire timeline from step one day one when you discover that you need to move ahead with action.
You might want to look at an attorney who does a flat fee eviction. The ones I use in Phoenix (which is, admittedly, a LOT more landlord friendly than CA) have a published fee for the eviction.
You really want to be in a position for her to already be gone when you show up with your truck full of stuff looking to move in. You may need to fly out and do an inspection. You give her the 48 hours notice and tell her she can be there, but that the law does not require you schedule your entry into the property based on her availability. If you are considering a PM, that would be a good time to bring them into the property, then see what their opinion of this woman is. Sometimes a second opinion is very useful - but only if they have facts to work with.