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Old 09-26-2012, 06:16 PM
 
Location: Everywhere you want to be
2,106 posts, read 3,063,077 times
Reputation: 1007

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Another thing to me that is odd, is she ,keeps asking me how much am I going to sell for, she really likes this house, i can see myself living here, so how much.

I told her just stick to her year lease, lets see how the market trend goes and thats that. She continues to insist how much. I told her work on building your credit and career history apply for mortgage at the bank like everyone else, see what you are approved for then go shopping.

Yes most people would ignore her, but i have known her for years and she was a very very close friend, but know i understand why you dont do business with friends or family. It can sour things and skew your decision making.
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Old 09-26-2012, 07:40 PM
 
Location: Chicago
3,924 posts, read 6,839,150 times
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Here is just my $0.02.

I would never want to live anywhere that cats ran rampant through the home, much less pissed all over the carpet. But she KNEW what she was signing on for prior to moving in, so I don't think she has any reason to suddenly want new carpet. Lets just give her the benefit of the doubt and say she didn't realize how bad it was, until she moved in. In that case, if I were her. I would take my half security deposit and be happy. I think you are being very fair to her, especially when it comes to the utilities.

Now, here is my real advice to you. If you value her friendship, I recommend you give her back the security deposit in FULL. I recommend you talk with her and explain that as soon as you find another renter, she needs to move out. Unfortunately you are going to have to deal with finding another renter, but she will have to deal with the move again. I think its pretty fair since you don't lose any money, and neither does she.

And never rent to another friend again.
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Old 10-12-2012, 03:08 PM
 
Location: Everywhere you want to be
2,106 posts, read 3,063,077 times
Reputation: 1007
Yep so i decided to give the entire deposit back, have them move and i am going to sell. In this economy doesn't make sense to keep a house I dont even like. It is a gorgeous home, i have several people interested in it. The tenant has been calling complaining about x,y,z and now is trying to get me to lower the price of rent (i think someone predicted that) and has paid late after living there for 3 months, Nope. I am not dealing with that type of headache. And to not fracture the friendship just give money back.

Question i have to give them 60 days notice, and have 30 days to return deposit back after they move, they still have to pay for last 2 months right or i could give her option of keeping deposit and she doesnt have to pay last month rent if she wants. Because a tenant must pay for time used in the house. Advice on that one??
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Old 10-12-2012, 03:28 PM
 
16,376 posts, read 22,490,585 times
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Quote:
Originally Posted by chica_bella813 View Post
Yep so i decided to give the entire deposit back, have them move and i am going to sell. In this economy doesn't make sense to keep a house I dont even like. It is a gorgeous home, i have several people interested in it. The tenant has been calling complaining about x,y,z and now is trying to get me to lower the price of rent (i think someone predicted that) and has paid late after living there for 3 months, Nope. I am not dealing with that type of headache. And to not fracture the friendship just give money back.

Question i have to give them 60 days notice, and have 30 days to return deposit back after they move, they still have to pay for last 2 months right or i could give her option of keeping deposit and she doesnt have to pay last month rent if she wants. Because a tenant must pay for time used in the house. Advice on that one??

She owes rent for the 60 day "notice period". Don't allow her to use the deposit as last month rent. What if she refuses to leave after day 60. You then have no 'security deposit' to CYA while you evict. What if she doesn't pay the electric bill which is in your name? The security deposit is for these things.

use the security deposit for what it is for. Return it if no damages and if she is fully paid on rent and if she paid the utility bill.

Is she on a lease? If yes, then you cannot give her notice to move prior to the lease end date UNLESS you are giving "3 day notice to quit" for late rent or other reason she is breaking the lease rules. or UNLESS both of you agree in writing to breaking lease early(Do this BEFORE you send any 60 day notice and make note that there is no early termination fee. And security deposit will be returned IF no damages and IF all rent is paid and IF all utilities are paid).
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Old 10-12-2012, 04:02 PM
 
Location: Everywhere you want to be
2,106 posts, read 3,063,077 times
Reputation: 1007
Quote:
Originally Posted by sware2cod View Post
She owes rent for the 60 day "notice period". Don't allow her to use the deposit as last month rent. What if she refuses to leave after day 60. You then have no 'security deposit' to CYA while you evict. What if she doesn't pay the electric bill which is in your name? The security deposit is for these things.

use the security deposit for what it is for. Return it if no damages and if she is fully paid on rent and if she paid the utility bill.

Is she on a lease? If yes, then you cannot give her notice to move prior to the lease end date UNLESS you are giving "3 day notice to quit" for late rent or other reason she is breaking the lease rules. or UNLESS both of you agree in writing to breaking lease early(Do this BEFORE you send any 60 day notice and make note that there is no early termination fee. And security deposit will be returned IF no damages and IF all rent is paid and IF all utilities are paid).
Yes we are both agreeing, but as the owner I can break the lease, if i do i am entitled to give all sec deposit back due to me breaking it.

Yes its a year lease, it has only been 2.5 months and this is becoming a headache. So this is best to break lease and encouraged her to go head and start looking now.

Now she says the house smells of urine, and her goal is to get rent reduced. She is willing to stay if the rent is reduced with smell, so it can't be that bad. If i am somewhere and the owner is not going to replace carpet and it smells i am not going to haggle the price down, i would leave. i wouldnt stay somewhere that smells even if its $100 a month. That doesn't make sense.

Also I wouldnt buy a house that i was not happy renting. She is still interested in possibly buying it, if she can. But I find that odd. I will meet with my agent. Good point, thank you for telling me why to not use security deposit as last month rent. Thank you I prefer her to just move and find a place her and her family are happy with and we may continue to be friends but I am not going to deal with late payments and unhappy tenants.
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Old 10-12-2012, 04:29 PM
 
737 posts, read 1,149,194 times
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Never believe a tenant that says they are interested in the house. I've heard that too many times and not 1 ever bought.

If she can't get $400 for utilities she is years and years away from buying a house.

I wouldn't want her as a friend, before or after this episode.
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Old 10-12-2012, 06:21 PM
 
Location: Everywhere you want to be
2,106 posts, read 3,063,077 times
Reputation: 1007
Quote:
Originally Posted by sware2cod View Post
She owes rent for the 60 day "notice period". Don't allow her to use the deposit as last month rent. What if she refuses to leave after day 60. You then have no 'security deposit' to CYA while you evict. What if she doesn't pay the electric bill which is in your name? The security deposit is for these things.

use the security deposit for what it is for. Return it if no damages and if she is fully paid on rent and if she paid the utility bill.

Is she on a lease? If yes, then you cannot give her notice to move prior to the lease end date UNLESS you are giving "3 day notice to quit" for late rent or other reason she is breaking the lease rules. or UNLESS both of you agree in writing to breaking lease early(Do this BEFORE you send any 60 day notice and make note that there is no early termination fee. And security deposit will be returned IF no damages and IF all rent is paid and IF all utilities are paid).
Yep so i spoke with my agent and it will be on the market as of next week. Now she wants to meet with me to try to get rent reduced. Nope. I am not doing that. 60 days notice to be given and thats that. Selling as is and I just want to enjoy the rest of my life and build the next home with my husband
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Old 10-12-2012, 07:23 PM
 
16,376 posts, read 22,490,585 times
Reputation: 14398
Quote:
Originally Posted by chica_bella813 View Post
Yes we are both agreeing, but as the owner I can break the lease, if i do i am entitled to give all sec deposit back due to me breaking it.

Yes its a year lease, it has only been 2.5 months and this is becoming a headache. So this is best to break lease and encouraged her to go head and start looking now.
.

I was a landlord in your state and know the landlord tenant laws well. There is no rule that says the owner can d break the lease even if full security deposit is returned(unless you put some wording about this in the lease ahead of time). But there is no standard state law on such matter. The only way owner can break the lease is if tenant agrees or if tenant is in default ( and follow eviction).
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Old 10-13-2012, 06:16 AM
 
7,214 posts, read 9,396,200 times
Reputation: 7803
Quote:
Originally Posted by jodipper View Post
Never believe a tenant that says they are interested in the house. I've heard that too many times and not 1 ever bought.
Yeah, there's a reason they're renting instead of buying, generally...
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Old 10-13-2012, 02:36 PM
 
Location: Everywhere you want to be
2,106 posts, read 3,063,077 times
Reputation: 1007
Quote:
Originally Posted by sware2cod View Post
I was a landlord in your state and know the landlord tenant laws well. There is no rule that says the owner can d break the lease even if full security deposit is returned(unless you put some wording about this in the lease ahead of time). But there is no standard state law on such matter. The only way owner can break the lease is if tenant agrees or if tenant is in default ( and follow eviction).
You are absolutely right. Thank you
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