need advice on handling difficult landlord/seller - Posted by Matt B

import · December 2, 1999, 1:31pm

Posted by Katie on December 02, 1999 at 18:27:05:

If your contract is legitimate with her, then you should contact a lawyer. I bought a home about 15 years ago from a man on a land contract, the man subsequently died. His ex-wife inherited the contract and I soon learned why she was his ex. My payments were always due on the 15th, however I normally paid by the 1st. Well, one month I paid on the 10th. This woman called me at 6:00 a.m… I tried to be reasonable with her, which was just a waste of my time. There are a group of woman out there who think that they can do what ever they please, the only way to deal with them is through a court of law. So, my best advice, have your lawyer send her a letter explaining your state laws and his willingness to have them enforced.

import · December 2, 1999, 1:31pm

Posted by Matt B on December 02, 1999 at 14:31:34:

I have a lease option deal on a house that I acquired a number of months ago. I have a very good tenant/buyer that always pays on time and has done a lot of fix-up to the house.

The landlord/seller in the deal has contacted me recently, seeming very upset. She says that my payments on the house have been getting to the bank late. She says that she calls the bank every month, and it takes too long for my payment to get to the bank. What I had been doing is depositing the check from my tenant/buyer on the second of the month, waiting the day that it takes her check to clear, then sending out my check to the bank. The mortgage payment is due by the 16th, even though my agreement with the landlord/seller states that I will pay it by the 10th. (Which I have)

She left a message for me stating that only the very first payment was on time, and every payment after that was late. She was very upset and said that she now wanted the payments mailed directly to her. I didn’t like the idea, but wanted to keep her happy, so I agreed. Well, I made the next payment to her after I received the payment from my tenant/buyer in the usual time frame, and then spent the weekend in Baltimore. When I came home, there was a letter taped to my front door from the landlord/seller demanding that we meet immediately!

I checked my phone messages and she had left multiple messages freaking out that she had received my check on the 6th, and had to wait for it to clear before she could pay the bank! She said that she HAD to be paid by the 1st in order to allow my check to clear so she could be sure her check to the bank cleared. She also said that because she had been trying to reach me all weekend and had not been able to, she was going to go talk to my tenant/buyer and see what the problem was.

I immediately called her and had to leave a message since she wasn’t home. I told her that the check was fine, I had paid her on time, and I would appreciate her not threatening to go get involved with my tenant/buyer. I put it as nicely as I could. I told her that our agreement was between us, not her and the person that I had put in the house. I told her that if there were any problems, that I was the person she needed to speak with, not my tenant/buyer.

When she called back, she left me a message that said that since she couldn’t get a hold of me, she will do what she wants, and go talk to my tenant/buyer if she wants. She said that my tenant/buyer IS her business, and she will get involved with them if she wants to. She then said that she would be mailing me a new, modified agreement to reflect that I had to make the payments directly to her.

Well I got the new agreement today. It states that the rent is due on the 1st of the month now, and it is to be made directly to her. I do not intend to sign this “new” agreement. I am happy with the one we already have.

Now, here’s my question… How the heck do I deal with this woman? Can I tell her that legally she is not allowed to go see my tenant/buyer? Obviously I still have the signed lease option agreement holding her to having to accept the payement by the 10th before it is considered late. Also, I’m sure that all my payments to her bank were credited before they were considered late because I received the monthly statement.

Anyone have any advice?

import · December 3, 1999, 10:34am

How about Electronic Funds Transfers? - Posted by Emmett-NC

Posted by Emmett-NC on December 03, 1999 at 11:34:59:

I know a few lease option folks locally and on here who use EFT to great success. Scott-AK is one of them. See if your T/B will allow direct draft, and then have an escrow set up to wire funds to your landlord/seller’s bank. It might be the remedy that solves all.

import · December 2, 1999, 8:19pm

Re:Just pay the woman on the 1st - Posted by Tim Jensen

Posted by Tim Jensen on December 02, 1999 at 21:19:49:

Matt,

If this is such a sticky point with her why not mail her payment to her on the first?

You mention that you are waiting til your tenants check clears. If they have paid the rent and their checks have always cleared for the last three months I wouldn’t worry.

Just seems that this is a problem that can be easily solved.

Tim Jensen

import · December 2, 1999, 6:58pm

Re: need advice on handling difficult landlord/seller - Posted by Jim IL

Posted by Jim IL on December 02, 1999 at 19:58:18:

Matt,
If you have not already, get that affidavit recorded, and cloud that title. then spend the $100 or so and have your lawyer send her a letter, and a copy of the original agreement, with the sections pertaining to payments highlighted.
The lawyer can tell her that you do have a binding agreement, and that you have complied with it.
then tell her how she is not complying, and that you WILL see to it the agreement is enforced, as per the law, and her failure to comply will only force you to seek all legal remedies available to you.
To possibly smooth things with her, offer a “compromise”. Something like, after you get your check from the T/B’er, you will then obtain a “money order” or cashiers check, and submit that. This will clear faster than a check and could possibly placate her.
Good luck, and let us know “how” this goes for you,
Jim IL

import · December 2, 1999, 5:41pm

Re: need advice on handling difficult landlord/seller - Posted by TC

Posted by TC on December 02, 1999 at 18:41:59:

You may want to consider recording (if you haven’t already) a “affidavit and memorandum of agreement”.This would create a cloud in the title if she was to try to sell or?.
If you would like email me and I can tell you where to go to get one.

Good Luck
TC

import · December 2, 1999, 2:25pm

Re: need advice on handling difficult landlord/seller - Posted by Glenn

Posted by Glenn on December 02, 1999 at 15:25:38:

Could it be that the owner is really getting hassled by the bank? I have heard that some are getting nastier about payments on the first, or else they are late. If this is the case, they are probably threatening her credit rating. Were all of your payments to the bank credited by the 10th as your agreement says? If so, it sounds as if you are living up to your agreement exactly. I would probably make sure with my lawyer that I have the property properly tied up, the continue to make payments to the bank directly. Can you get a receipt or a copy of the statements to give to her? That might alay some fears.
On the other hand, she may be getting troublesome because she thinks she may be able to squeeze you out of the deal, in which case the talk with the lawyer should be helpful. You may be able to record something to cloud the title, so she will have to deal with you if she tries that.
Glenn