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I am paying a commission to the rental realtor who found a tenant that they have worked with before. He has been late 10 times in 19 mos, (2 yr lease)....the realtor is working more for the tenant than the landlord...there are many questionable items in the contract: I haven't received proof of renter's insurance, far as i know there is no security deposit, one important page of the contract was never signed by any of us....My atty and I are going to go to court to evict the tenant, he has been late the last 3 mos.....I never would have read one word of this contract (this was late husband's lease w/tenant) had the tenant not gotten real ugly in an email to the agent, because he wants to buy the house, and I turned down his ridiculous offer....so he's pouting...it's not fair to represent both of us...so in reality, I am paying the realtor to represent the tenant....I want to have the tenant remove the 2 dogs he has because it's in the contract that the landlord/agent can withdraw consent with/w/o cause....after the clause it's handwritten "tenant has 2 dogs" but my husband never initialed it, and I know he wouldn't have wanted dogs, had he known they were part of the deal...do I stand a chance against the tenant?.....Thanks!
What you need is to look at your states tenant/rent laws. You have a procedure in order to start eviction or termination of tenancy. If tenant breached the lease by having dogs that were not allowed, paying late, etc you start with notices. Whatever they need to be, 3 day pay or quit, 3 day resolve or quit etc. Then if he does not pay or resolve the issues you can start eviction procedure. Have you charged the late fees every time he was late?
Your state laws may be tenant friendly so you may want to simply find your lease termination laws and wait till the end and simply notify you will not renew the lease WITH PROPER NOTICES GIVEN. Once a lease reaches term you are not required to renew but you must give notice of nonrenewal. But make sure you send EVERY correspondence signature required. Send it to home AND work if you have to.
If he doesn't accept and pay/resolve then keep all the correspondence you sent on pay/resolve then file for eviction. If the lease ends and he don't leave file unlawful detainer after lease is over. Do not accept rent. Get a lawyer to guide you through the process. Sounds like you already have grounds for eviction but you really need a lawyer.
Next time do your own due diligence process on screening tenants. Learn the process and have a rental specific lease written for you by a RE lawyer. The off the shelf leases are worthless.
What I think is happening is the tenant thinks the lease is between him and your late husband.
Thanks, once I have signed the retainer for my attorney we will indeed start the eviction process...the problem is the renter figured I would sell him the house, but he is wrong, and he's acting like he already owns it, saying he absolutely will not let the house be shown....believe, me this was not my idea, but my husband's, who was sick at the time...parkinson's/stage 4 cancer......the renting realtor is not answering my questions...then why am I paying them a commission for finding us this moron?....my feeling is if the guy wanted to buy this house, then common sense says you shouldn't be late every other month...the realtor is only taking him to court when I push for it....they've taken him to court 3x, but he is paying a late fee each time he is late.....thanks for replying....
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