Help my MOM!!! :-) - Posted by chris


#1

Posted by John OH on November 06, 1998 at 02:25:16:

Eviction is a sad requirement in the life of a landlord. Even if you never have to do it, you have to anticipate the possibility.

The eviction process not only varies by state - it varies by city and town. Only your local government people can tell you the process and alternatives.


#2

Help my MOM!!! :slight_smile: - Posted by chris

Posted by chris on November 05, 1998 at 24:37:04:

alright, the problem tenant from H***

my folks bought an 8 unit complex and were handed the tenants as well as the keys…and all in between. anyway, they have continuously had problems with one of the tenants. she has been late on every payment(i explained to my folks to enjoy the interest payment on top of her rent!) and has turned the apartment into an nearly unlivable wreck. my folks explained to her that at the end of her lease, she was going to have to find a new place to live as we were going to do a complete remodel of that apartment. the problem is this…

her lease is up very soon, but she has already located a new apartment to move into. she came to my mother asking for a letter of recommendation. her income is shakey and inconsitent. she has no credit whatsoever. very irresponsible, flaming alcohalic, and a complete slob. (wish you could see the condition she is leaving the place) anyway, the new landlords want a letter of rec because of her credit history. now we are left with disclosure…

of course i advised my mother not to put the letter to the new landlords in writing, but rather have a phone conversation with them. my mother is a sweet ole gal and would never tell a lie. in fact she doesn’t even want to talk to the new people because she feels bad about sending them such a monster. however, on the other hand, we have no desire whatsoever to keep her tied into the current lease situation.

we all hate to pass problems to someone else. it just doesn’t seem right. any options you may have or advice you could give would be very much appreciated. please keep in mind that we are on a tight time schedule so any legal recourse would be out of the question.

oh, one more thing. yes, her lease is up next month and my mom thought about telling her “no” to the recommendation. however, then there is the concern that she just won’t leave the place…


#3

Re: Help my MOM!!! :slight_smile: - Posted by Bo (GA)

Posted by Bo (GA) on November 05, 1998 at 09:30:30:

IMHO, you should note that there may be som legal ramifications of whatever information your mother passes on to the new landlord. I draw a parallel to employment, where most companies are very hesitant about giving good or bad reviews about former employees, for fear of being sued by either party.

When asked for a landlord’s recommendation, I am very factual about my former tenant, stating the date for the tenancy, payment history and whether the security deposit was returned to the tenant or not, only.

DO NOT pass judgments, such as being a slob, alcoholic, etc., and DO NOT recommmend for/against accepting her as a new tenant.

Just my 2 cents worth.


#4

Re: Help my MOM!!! :slight_smile: - Posted by Rob FL

Posted by Rob FL on November 05, 1998 at 06:14:48:

Write them a letter saying the reason you are making her move is because you are remodeling. That is not a lie.


#5

Re: Help my MOM!!! :slight_smile: - Posted by John OH

Posted by John OH on November 05, 1998 at 01:15:15:

I would call and tell the new landlord the truth. Then give the tenant notice of what day to be out.

As I see it, you have a moral obligation to the landlord, and none to the tenant. Don’t worry, when she knows she has to be out she will find a place to live - probably with a landlord who doesn’t check her history.


#6

Form letter - Posted by hk CA

Posted by hk CA on November 05, 1998 at 12:12:13:

I agree. A simple form letter to the potential landlord would advise them to look more closely at the applicant. Something like this:

To Whom It May Concern:

RE: (hand-write tenant’s name)

Due to the legal ramifications, our attorney has advised us to avoid giving personal information or opinions on a past or present tenant. Unfortunately, in this sue-happy environment we live in today, we must concur with that legal advice. Since tenants’ personal habits can be a reflection of the individual management and/or policies, please base your decision on other factors.

I would then give factual info such as what Bo GA suggested. If they are still considering renting to someone after pulling a bad credit report and not getting a reference from the present landlord, it’s not your problem and they deserve whatever they get. Screening tenants thoroughly today is ever so important. You should not feel you are being held hostage because you are on a guilt trip.


#7

Re: No Brainer - Posted by Mike Flewelling

Posted by Mike Flewelling on November 05, 1998 at 09:02:43:

This is pretty easy to figure out.

If the other landlord was in your mothers position, and your mother was in hers, would your mother want her to give a misleading recommendation?


#8

EVICTION??? - Posted by chris

Posted by chris on November 05, 1998 at 20:14:56:

Thanks to all for your quick responses. I am sure they will be helpful to our situation. I hope I didn’t give the wrong impression to some of you. Of course our intention is not to mislead or decieve a new landlord. what goes around comes around…always. My mother has never been the person to “spice” things up so they may appear other than they are. she has always been a very direct and straight shooter. I will keep you all posted on any further developments on this situation. I guess the tenant is already living from boxes and you are right…she will find a new place when the time comes. Just another quick question. It was suggested that if at the end of her lease she still hasn’t found a place to live and then continues to occupy our apartment, then we should be prepared to evict. in the case of the lease agreement being fulfilled, is there a quicker process for eviction rather than filing for the writ and waiting for all that processing? not quite sure if there is a diffence in the procedure or if it can be accelerated in anyway because of this situation. could we just call the cops and say there is a trespasser(lol) further advice would be helpful…

again…thanks a million!

oh, and yes. i apologize for painting such a grim personal picture of this woman. it is definitely not relevant in any path that we may choose whether or not she is a complete slob or alcoholic. just feeling a little frustrated…