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I don't want to let this scum bag leave without a ding on his credit. I want to fight till my last breath.
LLs would you fold or play your hand?
This is how Bentlebee handled it...It wasn't a fast process per se, but she eventually got something back. Just be prepared to be in it for the long haul.
This is how Bentlebee handled it...It wasn't a fast process per se, but she eventually got something back. Just be prepared to be in it for the long haul.
Last evening, I talked to my attorney, Sandy. There was a lot of back of forth, but I'll give the bones of the conversation.
Dave's initial offer was to move out by May 31 and not owe me any money. I turned that down.
Sandy said Dave was offering to pay $300 plus move out by May 31. I said no, and the he owed more than that.
Dave's attorney told Sandy that he would not be at court because he had some "job training" to do. Dave hasn't had a job in almost six years, so I knew that was his way of trying to buy time because his attorney was going to ask for a continuance for him to complete the training. Sandy said the judge would likely grant the continuance because the time asked for -- one day -- was short. I would not have to appear in court when the opposing attorney asked for the continuance.
I said no to the continuance and told Sandy to go forward with the case and our counter offer. My offer was pay all money due and move out by May 31.
So, me and my crew get to court today (me, hubs, kids & mom) and swore in. Then Sandy asked us to step outside while she made the deal with the other attorney. I signed the documents and we left.
So in the end Dave owes me all past rent and has to move by May 31. He agreed to pay $50 per month. I will likely will never see it If he defaults on payments then a judgement will be entered. If he's not out by May 31 the Sheriff's will lock him out. Sandy said she would file the lock-out paperwork today just in case he doesn't move.
Sounds like it went well. Make sure you keep a copy of that payment agreement handy and the first payment he misses, you file for a judgment that day. You might not get any money, but you'll save a future landlord a huge hassle.
Good luck with your next tenant. Make sure you do credit checks and background checks as well as property inspections. They don't need to know when you're inspecting, they just need 'proper notice' that you're coming in the unit.
She didn't say when the Tenants were to sign new leases reflecting the increase. Oops Yes she did in a later post. June. I would pay Mays rent BUT put in Writing unless the place is Repaired I wont pay the Increased rent. .... But then there is a Legal way to do this I believe.
OP You took over from another relative How do you know the place is Not falling apart? & Would the Owner Want you to 1 Raise the rents 2 Loose all the Tenants?
You are assuming that the renter is not telling a lie about the conditions of the home.
No matter what you or others may think if you do not pay the rent as stated you get evicted unless the home is uninhabital.
Otherwise any repairs that are ongoing or scheduled does not mean that you do not have to pay the rent no matter what the rent is.
Rent is not a "fee" it is payment for use of property that does not belong to you.
Is English not your first language? I'm wonder if you understand what is being said with some of the replies you have posted on this and other threads.
You are assuming that the renter is not telling a lie about the conditions of the home.
No matter what you or others may think if you do not pay the rent as stated you get evicted unless the home is uninhabital.
Otherwise any repairs that are ongoing or scheduled does not mean that you do not have to pay the rent no matter what the rent is.
Rent is not a "fee" it is payment for use of property that does not belong to you.
Is English not your first language? I'm wonder if you understand what is being said with some of the replies you have posted on this and other threads.
Also, there are steps and processes to follow to 'withhold' rent. State law must be followed before withholding rent.
Both landlord and tenant have responsibilities is this business relationship, but more off then not you'll see the tenant pointing at the landlord and ignoring their role.
And all of this story is why landlords do not accept applicants who have an eviction on their record.
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