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If you accept money that means you have started a new contract and the next time they stop paying or are late you have to start all over...DON'T ACCEPT A DIME!
DON'T LET THEM STAY ONE MINUTE LONGER AND DON'T ANWSER THEIR PHONE CALLS, IGNORE THEM AND LET THE SHERIFF PUT THEM OUT! LESSON LEARNED!
Be aware what to do with their belongings since you have to keep them in our State for at least 24 hours, after that you can get rid of them...
I have learned from a sheriff at an eviction (he stated that what he said was "off the record") that you can have a car towed off the property right away and let the tow company deal with it further and sign off for the car, as I did. That is completely legal in our area. That will teach the tenant a lesson.
The sheriff also stated not to give tenants one more minute in the home, and to tell them that the sheriff will come the evening before if you happen to speak with the tenant...instead of the real time the next morning otherwise per the sheriff's statement, tenants will not be finished moving out the next day.
OP someone probably told the tenants that if they can get you to accept money that you will enter into a new contract, like the previous poster said. I would not answer their calls, save the texts, show your attorney, any judgment money I would aks the attorney about thst, maybe the attorney will collect it for you, so the tenants don't have another "misunderstanding" Be as sly as they are, the other poster is right, they have done this before. Next time get first, last deposit and check credit and rental references. I am so sorry that these were people that you thought of as friends at one time, so sad.
I emailed him earlier today to give him a heads up and was going to call tomorrow ~ he actually emailed me back at about 10pm tonite ~ pretty awesome considering it is a Sun and News Years Day!
Anyway...he told me that if they pay in full it will restart the lease So we inquired what "in full" meant as we have a judgement for November's rent and they haven't paid anything for December.
So...now my issue is that they paid us every month by depositing money into our bank account...so of course they have access to our account...does anyone know if you can tell a bank to NOT accept money coming into an account?
Oh and for the person who asked...we live in another state so we have a lawyer representing us ~ we were not in the courtroom the day of the hearing....our lawyer and our tenant were. According to our lawyer the judge ordered the eviction and stated to our tenant that they had until December 31st to vacate. At the same time he also issued a judgement for November's rent. We have done everything legal and "by the book"
JanND ~ yeah, we cut them a break as we knew them...BAD CHOICE Worst part is that we tried so many things to try and help, but there just comes a point where you get fed up!
We have no intention of contacting them at all...we are done!
So...now my issue is that they paid us every month by depositing money into our bank account...so of course they have access to our account...does anyone know if you can tell a bank to NOT accept money coming into an account?
I have a feeling the bank may not be able to refuse it. Maybe you can DD or wire it back immediately. You'll need their bank info.
If you really want to stop them from direct depositing you may have to get a new account and dissolve the old one. I'd contact the bank pronto.
It seems to me the laws were written before direct deposit was commonplace. Direct deposit on the part of a deliquent tenant circumvents the process of the LL wilfully accepting payment.
I find it amusing that the tenants called THE LANDLORD to find out if banks will be open on the 31st, instead of checking with the bank.
It may just be part of their game, though, to make it sound as if they are trying to pay. I don't think they misheard--they are playing.
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So we inquired what "in full" meant as we have a judgement for November's rent and they haven't paid anything for December.
