Posted by E.Eka on October 16, 2003 at 09:12:22:
I couldn’t have said it better myself.
You want them out of there…or else they’ll damage the rest of your place.
if anything, you got them in your home for at least 5%-10% down, so you have that money as well as some of their payment. If they have money to get a lawyer, they should have money to pay for the damages. The reason they L/O is because their credit was spotty…now it should be worse.
Who is responsible - Posted by Donovan
Posted by Donovan on October 15, 2003 at 17:47:08:
Ok, quick question. I have a sandwich L/O that I am in the middle of and am facing yet another problem from my tenant. This is the type of tenant that creates drama out of nothing and twists your words so that they always feel right. Anyway, when the tenant moved in, the furnace stopped working, so I paid for the new part and a new dig. therm. Months later they called and said the furnace was running up their elect. bill cause it would run non-stop, so they took it off the wall and told me to come out. I told them I would take a look, but did not guarantee anything. So she expected me on a day that I couldn’t make it and I kept trying to reach her to no avail. To make a long story short, she is moving out (she says) and won’t pay because I am failing to fix the furnace (reminder, she is under a Lease w/ Option where she is responsible for repairs). I told her I have been trying to contact her to come out (after her husband left the f word on my machine and cussed out my wife) but she says she has no heat and her kids are sick. Her attorney says she has the right to move out and not pay, but I disagree. She still has 8months on her lease. What would you all do?
LET HER GO - Posted by Sean
Posted by Sean on October 16, 2003 at 12:28:01:
She is not interested in buying the house, she wants to rent, she has a renters mentality and is never going to be anything other than a pain in your butt… LET HER GO!!
Why try to keep someone who is just going to cause you grief if they stay? They certainly can cause you more emotional grief as a tenant than they can as an EX tenant… anytime a problem tenant is willing to walk on their own accord let em go.
Let her go, do it over! - Posted by John Smith, IV
Posted by John Smith, IV on October 16, 2003 at 24:27:33:
The quicker she is outta there, the sooner you will be able to redo the whole thing.
I bet you this time you will contract will have a few additional clauses! :o)
Renter problems - Posted by acw
Posted by acw on October 15, 2003 at 20:15:45:
Is it a good deal for the tenant? If not then there’s your answer. Bad deals don’t last. If the tenant thinks that they are being takin advantage of…they will distroy your property of just plain screw you.
On the other hand, if the tenants are a nuisance…then try this:
1- Always make sure your lease specifys damages to the renter should they decide to break the lease. Make them a fixed amout so there is no interpretations or wiggle worms that some scumbag lawyer can exploit.
2-Make sure you have tenants social security number.
3-Get a collection company to handle the loss. They usually get 30-50% but pad the bills enough to cover their expenses.
4-Once in collections, your tenant will have even worse credit then they had before. If they have any integrity, they will compensate you. If not, chances are they are on their way to a BK.
5- always go with your gut concerning tenants. check their history thoroughly (sic). you don’t a deadbeat in one of your properties.
Good Luck!
Re: Who is responsible - Posted by Brent_IL
Posted by Brent_IL on October 15, 2003 at 18:23:54:
I’d let her go. She isn’t going to exercise and isn’t going to pay, so get someone else in the house a little earlier than expected that will pay. Disgruntled tenants can cause difficulties. A disgruntled tenant with an attorney can cause even more difficulties. Carrying the payments for a few months is preferable to having a non-paying tenant in possession.
Here’s a story for you. There is a brilliant attorney that works in Cook County doing evictions. He simply decided that he didn?t want to work long hours, so he specializes in cases that are cut-and-dry and are decided during short hours. He charges tenants 50% or 60% of the monthly rent that the tenant isn?t paying to the landlord and tells his clients to save money to move. He won?t go into court until he gets his money up front.
Without any grounds at all, by making statutory motions and waiting for a response, he can keep a tenant in residence for approximately seven months. With the slightest arguable position, the tenants are there for a year. With a lease and an option, your renters would be homeboys. If I remember, his record is four years. The only requirements of the tenant are to know enough to call him, and to pay the monthly fee in time.
Whenever I?m tempted to do a L/O instead of a L/P, I think of the $300,000 a year that this guy makes tying up landlords.
Re: Who is responsible - Posted by B.L.Renfrow
Posted by B.L.Renfrow on October 15, 2003 at 18:06:34:
It depends on the specific terms in your lease agreement with her regarding responsibility for repairs. Even if the lease holds the T/Ber responsible, it may be superceded by state law, if your state requires the landlord to maintain certain conditions of habitability, like heat.
However, from what you wrote it sounds like the furnace was working, but she simply disconnected the thermostat, causing the furnace to then not run. Is this correct? If so, you shouldn’t have a problem.
Sounds like she’s nothing but trouble. Let her go. Better yet, if she hasn’t vacated, begin eviction proceedings for nonpayment. Is she demanding return of her option money? I wouldn’t be bullied into that either.
You may want to run it by your own attorney, but it sounds like you have reasonable grounds to cancel her agreement, evict and keep her option money.
Brian (NY)