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Tenant is 2 months behind on rent, she is a single mom w/3 kids, so was trying to work with her. Finally told her I was done, she needed to take the two 3 day notices I had already given her seriously, and vacate. At this time she complained that the property wasn't livable, there were animals in the walls!
If I had any doubts these people were scammers, it was resolved the other evening. All our communication has been via email or text messaging, so I have written proof of all that has transpired. We said we were coming by to check on property and animal situation, but my husband didn't get home from work til late. She said did we come by, she thought she saw our vehicle. Told her no, we would do it next day. She accused us of BREAKING INTO our house. This was via text. Then she called me and was hysterical, saying "I know you were here, you thought you covered your tracks, but you left evidence! You broke a window, there is an animal running thru this house! I am calling the police right now!"
Well we freaked out, drove 30 minutes in a violent rain storm, and called the police ourselves (because she never did). Guess what? no broken window, no signs of entry, no signs of animal rampaging thru house. Officer did take note of filth living conditions, told us we had done nothing wrong, and advised us to get new tenants.
She says she will be out by end of month. We said we wanted to come down this weekend to fumigate the attic, where there is probably a squirrel. She says we can wait until she leaves. Says the house is unlivable but refuses to leave, refuses to let us repair problem, and says she has proof to get us into trouble (re: the mouse, chipmonk, squirrel, whatever it is) if we take her to small claims court for the balance owed. Where do we stand? Thanks for any advice!
Who's running the show here? Go down to your local court house right now and file eviction against her. The clerks will help you through the process. Keep all your documentation, whatever form it's in and get a police report from the incident the other night. As a LL you have every right to go into the house with reasonable notice so send her an email giving her notice, get into the house and take photographs. I don't mean to be crass but you really need to put on the big people pants if you're going to be landlords, and learn the rights and responsibilities that you have! Google "(your state) landlord tenant laws" and you'll find all the information you need. Good luck!
Do all you can to get her out by end of month, better to get her out and then start garnishment of her wages for monies owed. Not sure what the "balance owed" is in relation too - the unpaid rent? Tell her you'll settle up the security deposit within 30 days after she vacates. Communicate only by written letters, not email/texts. As for her suing you, if you have a written lease where she agreed to pay rent and she didn't, and you've kept records of your repairs in the house, she won't have any backing in the court. She's just trying to threaten you with this supposed "proof" so that you won't garnish her wages or put an eviction on her record. It sounds like you're the one with all the proof - p/q notices, written lease (hopefully), and proof that you made repairs. She knows that and is trying to intimidate you.
Thanks for your response, don't worry I have already told myself this a thousand times. I just need to do it. If I file for eviction, and then she leaves before I have her evicted, does the eviction attempt stay on her record?
Unless you go down to the courthouse and stop the eviction, then it will stay on there. And you may not be able to stop it once it starts (ask your courthouse clerks about that). I say do the eviction - at least future LLs will see it!
Thanks so much! Don't mind filing the eviction, as long as it is gonna stay with her! Actually it is the only little piece of satisfaction I have. I guess my big question was how unlivable can the house be if you won't leave? How bad can the situation be if you don't complain for months, then use it as a reason why you shouldn't pay the rent. (shakes head/sighs)
In many states, rent can be withheld to pay for repairs or non-compliance on the part of the landlord, BUT to do this you must follow the rules (typically paying the rent into an escrow account) and it does not sound like she's done that.
Evict her. Once she's out, then you can investigate the supposed animal problem better.
And take her to small claims court for any unpaid rent and any cost of damages (including if the animal problem was caused by her).
Yes, her biggest complaint about the animal problem now is that I am going to try to blame her for it, for not communicating any further about it. Says she is going to pay for a pest inspection to prove it isn't her fault (huh?). And I have not accused her of causing it, though I am sure the filthy conditions of the house and the 12 huge black bags of garbage that sat around for weeks, and the fact she ad her children fed the raccoons and squirrels off the back porch played no part.
I say file an eviction case with the court system. Bring printed records of everything ; print out the texts etc.
We got someone out in Feb and I have posted pics of her filth. Its amazing how people can live in such conditions and then blame the landlord. The landlord isnt living there ; she is and it is up to her to keep the house clean.
Dont listen to anymore stories ; thats all they are. And this landlord stuff will harden your heart ; been there, done that. One the way out of this business and cant get there fast enough
Yes, her biggest complaint about the animal problem now is that I am going to try to blame her for it, for not communicating any further about it. Says she is going to pay for a pest inspection to prove it isn't her fault (huh?). And I have not accused her of causing it, though I am sure the filthy conditions of the house and the 12 huge black bags of garbage that sat around for weeks, and the fact she ad her children fed the raccoons and squirrels off the back porch played no part.
Eeeew, take pictures!
I don't see how anyone can raise their kids around that sort of mess.
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