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Old 07-15-2011, 06:16 PM
 
13 posts, read 15,351 times
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Well I posted a while ago about having issues with this tenant and we are going legal all the way. We already left a note on the door and mailed on (3 days pay or quit the tack and snail with mailing the letter). Went to the court to seek legal help (to file the papers since she didn't pay the rent). Funny thing is after the 5th day she starts calling to pay the rent well since her three days are over we are starting the legal eviction issue. We already have the papers sent to her (apparently for her to respond to the court if she doesnt respond it seems its a default). If she responds its a trial. What I mean is the sheriff will send the letter to her. I wanted to ask though what are the chances of winning the case if the tenant doesn't pay? What can make it not keep going or throwing the case out? Can you also throw other reason why we want her out (since it was a 3 days pay or quit) in court. She has other people in the apartment other than her. Is destroying the outside (having people jump the gate and has already damaged the fence. Is buggin other tenants. The reason I say is for it to be an easy case where the judge will rule against her.

Also my dad (hes the one having the issue I am helping him) numerous times tried to work with the person and it just didn't work. I know he learned from experience to watch out to who to rent. What tips are there to scan for a good renter? What exactly helps? I know maybe the tax income, stubs, experience in the past as other rented place. What else? Is there a place to check there credit score or something because I read that when a renter has a record about there past it takes 7 years for its record to be clean.

ps: My dad went today (there are other tenants that told him) and apparently they were some guys that knocked on her door with badges under the belt I don't if it was from the DEA or from the social services (because she does drugs and also apparently has a kid, but doesn't have the kid there and apparently using the address for social programs). I am wondering if she is already on check or something which its good to have pressure of her.

Last edited by liko760; 07-15-2011 at 06:26 PM..
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Old 07-16-2011, 06:18 AM
 
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If you're suing for non payment the all this other stuff is irrelevant. The risk in NY (anyway) is unless there is a previous case with an order going forward or stipulation to pay rent on a timely basis the court may allow your tenant to pay up and dismiss. I'm currently overseeing a chronic late payer who if she is 5 days late a warrant is issued for eviction but even then her lawyer can postpone the warrant with an order to show cause which would require another trip to court. You're in CA if I recall?
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Old 07-16-2011, 07:12 AM
 
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You can always take pictures of the property and damage that she has done and add that to the case. In one of our cases, the tenant got a warrant of eviction due to the fact that she wasnt keeping the property (inside) in a healthy way and I couldnt get a rental permit due to her unhygenic standards. Amazingly her father was a real estate lawyer.

I got the warrant of eviction.
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Old 07-16-2011, 11:23 AM
 
13 posts, read 15,351 times
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Quote:
Originally Posted by modsquad81 View Post
If you're suing for non payment the all this other stuff is irrelevant. The risk in NY (anyway) is unless there is a previous case with an order going forward or stipulation to pay rent on a timely basis the court may allow your tenant to pay up and dismiss. I'm currently overseeing a chronic late payer who if she is 5 days late a warrant is issued for eviction but even then her lawyer can postpone the warrant with an order to show cause which would require another trip to court. You're in CA if I recall?
That would be unfair if thats the case giving her a chance to pay up when she is more than one month late. So the other stuff really can't help? Main reason we want her out she is doing property damage outside and inside (we have a photo outside where she has kitchen cabinets outside all broken). I ready NY doesn't let you kick tenants if its the snowy season I guess since its harsh. Ya I am from California I don't know if there is a big differences from CA and NY.









Quote:
Originally Posted by okaydorothy View Post
You can always take pictures of the property and damage that she has done and add that to the case. In one of our cases, the tenant got a warrant of eviction due to the fact that she wasnt keeping the property (inside) in a healthy way and I couldnt get a rental permit due to her unhygenic standards. Amazingly her father was a real estate lawyer.

I got the warrant of eviction.
So it can help ya we took picture and have the dates we took them about some of the damage that was caused outside along with what I mention before some cabinets outside all broken. We took photos of the 3 days pay or quit outside her door just incase she denies nothing was left. I am pretty sure she also isn't hygienic. Having more people than the contract states living there that aren't part of the contract and having late trafficking at night jumping the fence and bugging other tenants. I highly doubt this person can get a lawyer or knows the legal system much she is just taking advantage of this and trying to stay there feeling as she can do what she wants and pay the rent when she wants. Also congrats and winning that eviction I believe justice was served since you had every legal right to kick that tenant out.


thanks for the feedback I really appreciate it tips and things that can help

also ps: Any idea who those guys that I mentioned before with the badges on there waist (they weren't dress in uniform but suits) any idea who they can be? I am assuming its from social services she is doing fraud since she has a daughter and doesnt have her there. That same day she called (other tenants like i mentioned told us about the guys in badges situation) that she had the rent ready so I feel it could of been social services wanting proof she lives there? Apparently the light bill is not under her name and the phone was cut off so I assume she wanted some type of proof that she is living there (a current one or threw her other receipts)? Or the Drug Enforcement Agency since they do drugs having some suspicion of something happening there.
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Old 07-16-2011, 11:49 AM
 
Location: From TX to VA
8,578 posts, read 5,712,053 times
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Stop assuming.
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Old 07-16-2011, 03:42 PM
 
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Quote:
Originally Posted by LilyLady View Post
Stop assuming.
Thats all I can really do I don't know from which agency those guys with badges came from.
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Old 07-16-2011, 08:37 PM
 
982 posts, read 3,846,799 times
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Quote:
Originally Posted by liko760 View Post
That would be unfair if thats the case giving her a chance to pay up when she is more than one month late. So the other stuff really can't help? Main reason we want her out she is doing property damage outside and inside (we have a photo outside where she has kitchen cabinets outside all broken). I ready NY doesn't let you kick tenants if its the snowy season I guess since its harsh. Ya I am from California I don't know if there is a big differences from CA and NY.
OK, you can use the excuse that English is a second language but stupidity is no excuse. Maybe you and your father deserve what you get.
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Old 07-16-2011, 08:46 PM
 
Location: NW Montana
6,258 posts, read 12,595,481 times
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Quote:
Originally Posted by liko760 View Post
Thats all I can really do I don't know from which agency those guys with badges came from.
Hello, first is there a landlord association you can join? They are great for assisting you with rental agreement contracts and updates on the laws in your area.

Nonpayment of rent is a separate issue apart from violations of the lease.
This means since you have issued an FED that is the only issue when you get to court. The judge may accept a payment plan from the tenant that allows them so many days to pay or the FED goes back into effect and they are legally evicted.
Most judges will look at you harshly if you do not allow your tenant to work out some type of payment. I would not bring any of these other ideas into the court, they are seeing alot of cases and will not have much time for you. The best thing is show up with all your paperwork and keep a friendly face.
Now suppose the rent is paid and everything is good. Now you better have a binding violation of the agreement and plenty of notices to the tenant or you will end up with a harassment charge.
Are you month to month or lease?
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Old 07-16-2011, 10:11 PM
 
Location: Kailua Kona, HI
3,199 posts, read 10,974,821 times
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What I suggest is that you let your father, the homeowner and responsible party, handle his business. You mean well, but you're going off on tangents that will only hurt your chances in court. Court hearings are brief and to the point. Wear a suit, have his documentation in triplicate (they may want to see originals and have you provide a copy to the other party and the court) in a neat organized fashion and only answer the questions that are asked of him directly.

Tell your father to read the Landlord Tenant Law in your state and if he does not understand the law as it applies to him, get an attorney to help. And be sure to know the law and his responsibilities as a landlord before renting out the property next time.
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Old 07-16-2011, 11:32 PM
 
13 posts, read 15,351 times
Reputation: 15
Quote:
Originally Posted by Mt-7 View Post
Hello, first is there a landlord association you can join? They are great for assisting you with rental agreement contracts and updates on the laws in your area.

Nonpayment of rent is a separate issue apart from violations of the lease.
This means since you have issued an FED that is the only issue when you get to court. The judge may accept a payment plan from the tenant that allows them so many days to pay or the FED goes back into effect and they are legally evicted.
Most judges will look at you harshly if you do not allow your tenant to work out some type of payment. I would not bring any of these other ideas into the court, they are seeing alot of cases and will not have much time for you. The best thing is show up with all your paperwork and keep a friendly face.
Now suppose the rent is paid and everything is good. Now you better have a binding violation of the agreement and plenty of notices to the tenant or you will end up with a harassment charge.
Are you month to month or lease?
Hi, I know there is place that rents units for you but other than assistants I never heard of it here since where I live its a small city. Well if the judge was to go with them with a payment plan than we would have to go back and issue a 30 days eviction notice. The reason we went with 3 pays or quit was she was going to ignore the notice. We want her out basically no other reason for the way she is destroying the property and disturbing other tenants. What do you mean by binding violations and harassment charges? Also unfortunately we went with a 1 year contract (however the contract states you can issue a 30 days (if less than an year) or 60 days to move out if more than an year so no we dont have a month to month lease. Also thanks for the advice and defintly if we go to court we will keep everything in a mannered way.


Quote:
Originally Posted by KonaKat View Post
What I suggest is that you let your father, the homeowner and responsible party, handle his business. You mean well, but you're going off on tangents that will only hurt your chances in court. Court hearings are brief and to the point. Wear a suit, have his documentation in triplicate (they may want to see originals and have you provide a copy to the other party and the court) in a neat organized fashion and only answer the questions that are asked of him directly.

Tell your father to read the Landlord Tenant Law in your state and if he does not understand the law as it applies to him, get an attorney to help. And be sure to know the law and his responsibilities as a landlord before renting out the property next time.
Hi well the reason I am helping him is he doesn't understand English didn't really get an education so I basically do much of the documentation and give the advice at home. Right now we got some documentations in court that we filed (they made copies and kept them for record). I am going to help him out before he goes to court (like how to react and talk) because ya your right I can't be there next doing the taking in the case. I will definitely have him be prepared with paper work dressed well. I told him about an attorney, but since he got help at the court and did the work he wants to do it himself (but worse case scenario hes going to have to get an attorney if things turn out against him). Thanks for the advice I really appreciate it.
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