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We're in NC. If someone moves in (and a landlord hasn't gotten any money for the month/deposit, or a signed lease - she was willing to work with the guy and do it a day or so after he moved in) but he now has been there for two weeks and hasn't signed the lease or given rent for the month of October (he claims due to emergency child support hearing after he moved in, that he could no longer afford the monthly rent but now claims since landlord came down on the rent by $100 that he can afford it) but still has not given her a signed lease or money - can he be immediately kicked out or does this a-hole actually have rights? (Note - I'm not the landlord).
A LL should never listen to sob stories or give the keys unless the sec. deposit is paid upon signing the contract + at least first month's rent and have done a background check.
The LL should go to small claims court and file for an eviction, before the whole property is trashed...
Tell the LL...that sob stories, even the best ones are not paying the rent.
A LL should never listen to sob stories or give the keys unless the sec. deposit is paid upon signing the contract + at least first month's rent and have done a background check.
The LL should go to small claims court and file for an eviction, before the whole property is trashed...
Tell the LL...that sob stories, even the best ones are not paying the rent.
Second that. In fact, I would first check with the local PD because if the tenant has paid nothing and there is no lease, he's there illegally on private property and there may not even need to be an eviction filed and it's possible he could be escorted from the property immediately. Whatever the end result, the LL should immediately change all the locks. Good luck to your friend.
Thanks to you both. I spoke with the magistrate's office in the county where the house/tenant is and was told she still had to get through the summary ejectment process. I will call the local police department though and see what they have to say also.
Okay...another thought...we are the previous tenants who our landlord allowed us to break our lease if we found a new renter on our dime/time. Even though she verbally let us out of the lease, technically she never gave us a release and then this guy moved in (he only had brief contact with her to get her his info) and she verbally gave him the okay and then as stated before he was to sign a lease and give 1/2 rent for October (we paid the first half as an incentive) but has failed to do so as of today. So "technically" we are still the tenants on the lease. When I called back the magistrates she said in this case he is subletting and "has no vested relationship" with the landlord and is trespassing and just needs to get out. She said the landlord needs to be there in person (with preferably) a sheriff's deputy to tell him to leave and if he doesn't she will have to take a warrant out against him for trespassing. Does anyone know if she actually has to be there or can a Sheriff's deputy do it on her behalf? I ask this because she had to "leave town immediately for two weeks the other day due to some family emergency" (I hate drama) so I'm trying to find out what I can while she's dealing with that.
And yes I think we've both learned this is the last time we try to help anyone out no matter there b.s. sob stories.
Okay...another thought...we are the previous tenants who our landlord allowed us to break our lease if we found a new renter on our dime/time. Even though she verbally let us out of the lease, technically she never gave us a release and then this guy moved in (he only had brief contact with her to get her his info) and she verbally gave him the okay and then as stated before he was to sign a lease and give 1/2 rent for October (we paid the first half as an incentive) but has failed to do so as of today. So "technically" we are still the tenants on the lease. When I called back the magistrates she said in this case he is subletting and "has no vested relationship" with the landlord and is trespassing and just needs to get out. She said the landlord needs to be there in person (with preferably) a sheriff's deputy to tell him to leave and if he doesn't she will have to take a warrant out against him for trespassing. Does anyone know if she actually has to be there or can a Sheriff's deputy do it on her behalf? I ask this because she had to "leave town immediately for two weeks the other day due to some family emergency" (I hate drama) so I'm trying to find out what I can while she's dealing with that.
And yes I think we've both learned this is the last time we try to help anyone out no matter there b.s. sob stories.
Thanks again
Oh boy, I thought there might be more to this. You're in a real pickle because, yes, you're responsible at this point. In effect it seems you're still the principal and I would confirm with the magistrate that the landlord proper really does have to be there.
Are you in contact with the LL? How long is she going to be gone? Would it suffice if she sent you a notarized statement to the effect that you can act on her behalf in this matter?
You do realize that when he's out you're probably going to still be responsible for the rent? And best to get him out with the least amount of muss and fuss possible so that he doesn't have time to trash the place (which will be on your head). Have you spoken to him directly? Did YOU OK him to move in or did the landlord herself?
Sorry for so many questions but these are all questions that an attorney would ask and if you can't get this resolved quickly, an attorney might be necessary.
Hate to seeing you learning so many hard lessons so fast.
He had called/emailed her prior to us moving out (per her request). She called him and got his information and then called us back on 9/28 and said, "ok, it's been rented" and had her permission to move out.
She was to email him the lease and collect 1/2 of the rent within the first week of him moving in (she knew we were going to be out and him be in by 9/30). We paid our 1/2 (actually a little more) of October's rent on 9/30, let her keep our deposit and worked it out with him to give us 1/2 of our deposit back in installments by the end of the year (guess that's been kissed goodbye). She agreed to all this verbally. She's a really nice girl (a few years younger than us) but just has a bunch of crap going on in her life so I'm trying to help her out.
However, even though she does not have a job at the moment, her profession for the last 10 years has been a manager in property management. I'm sure she knows what to do, I feel like now it's gotten to the point where she's burying her head in the sand and I don't know what to do. I can't do this for her, she's got to step in and do something
The guy called me yesterday and said he could sign a year lease for what she had come down on the rent in her craigslist ad and would get it to me today along with his half of the rent for October. I called and spoke with her and said if he can sign the lease and get a check to her within the next day or so, she'll let him stay. I left him a note when I dropped the lease off last night to leave it in the mailbox along with a check and I would run by there this morning to get it. About 8:30 a.m. I checked his mailbox (surprise) no lease or check so I rang the doorbell because his car was in the driveway but he didn't answer and he's not returned my two phone calls from today. So I basically emailed her and said, I've done about all I can do, if tomorrow morning comes and no one's heard from him, she needs to start whatever process she needs to, to get him out.
She said in a very brief email yesterday morning, she'd be gone for two weeks. At this point she probably would rather me handle it but I'm a legal secretary/paralegal (and not in landlord tenant laws) she's the one that has the property mangmt. experience!
God, I hate when trying to be a nice person ends up biting me in the butt!
At any rate, thanks for reading if you've gotten this far.
He had called/emailed her prior to us moving out (per her request). She called him and got his information and then called us back on 9/28 and said, "ok, it's been rented" and had her permission to move out.
She was to email him the lease and collect 1/2 of the rent within the first week of him moving in (she knew we were going to be out and him be in by 9/30). We paid our 1/2 (actually a little more) of October's rent on 9/30, let her keep our deposit and worked it out with him to give us 1/2 of our deposit back in installments by the end of the year (guess that's been kissed goodbye). She agreed to all this verbally. She's a really nice girl (a few years younger than us) but just has a bunch of crap going on in her life so I'm trying to help her out.
However, even though she does not have a job at the moment, her profession for the last 10 years has been a manager in property management. I'm sure she knows what to do, I feel like now it's gotten to the point where she's burying her head in the sand and I don't know what to do. I can't do this for her, she's got to step in and do something
The guy called me yesterday and said he could sign a year lease for what she had come down on the rent in her craigslist ad and would get it to me today along with his half of the rent for October. I called and spoke with her and said if he can sign the lease and get a check to her within the next day or so, she'll let him stay. I left him a note when I dropped the lease off last night to leave it in the mailbox along with a check and I would run by there this morning to get it. About 8:30 a.m. I checked his mailbox (surprise) no lease or check so I rang the doorbell because his car was in the driveway but he didn't answer and he's not returned my two phone calls from today. So I basically emailed her and said, I've done about all I can do, if tomorrow morning comes and no one's heard from him, she needs to start whatever process she needs to, to get him out.
She said in a very brief email yesterday morning, she'd be gone for two weeks. At this point she probably would rather me handle it but I'm a legal secretary/paralegal (and not in landlord tenant laws) she's the one that has the property mangmt. experience!
God, I hate when trying to be a nice person ends up biting me in the butt!
At any rate, thanks for reading if you've gotten this far.
I'm a fast reader, no problem! Since you're in the field, is there some local attorney/friend who's versed in landlord/tenant laws you could throw this by for an opinion? Maybe your boss knows of someone who'd give you some gratis advice?
It's way too bad that all of this changeover was done on the proverbial handshake and you should have known better! That said, it would appear that the LL is acknowledging her compliance with the changeover and I would recommend you send her an email detailing what's been going on and basically reiterating what's been said during telephone calls. Tell her that you did as she suggested but that the check wasn't "in the mail" so what does she want you to do next.
What you're aiming for is to connect the dots and have her admit her own liability. There's nothing wrong with trying to do that and it's standard business/legal practice. The paper trail is all important and do remember that in the future, whatever contractual agreement you enter into.
You might, at the same time as emailing your LL, try calling the deadbeat again (and again, and again, and again) and diplomatically ask him what happened to the cheque. "Maybe there was a misunderstanding, sorry, but I stopped by this morning and there was nothing in your mailbox. Could be I goofed, can I come over now and pick up the cheque and the lease agreement?"
Heck, I'd be so ticked off I'd be standing on his doorstep and banging on the door for as long as it took for him either to open it or the police to arrive ...
Thanks. One of the attorneys I work for - I believe her husband owns some rental houses, so she may be able to give me some advice (although she's out for the week because her daughter has the H1N1 .
I've already emailed her today stating everything that's been attempted up to this point and saying my hands are tied, you have to take the next step or tell me what to do (so I guess in a since I've been making an email trail though that wasn't my original intention).
I'm to the point where this is affecting my sleep and work and I'm tired of it, if she wants the guy out and wants me to help her find a new tenant (one that she actually gets money and a signed lease before they get in) I'll be happy to do that, but she's got to do her part and participate in getting him out, obviously, I can't do that for her.
UPDATE: Holy crap he just called and claimed he was going to have it in the mailbox along with the check tonight after 7:00 p.m. We shall see...
UPDATE: Holy crap he just called and claimed he was going to have it in the mailbox along with the check tonight after 7:00 p.m. We shall see...
Looking forward to the update!!!
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That said, it would appear that the LL is acknowledging her compliance with the changeover and I would recommend you send her an email detailing what's been going on and basically reiterating what's been said during telephone calls. Tell her that you did as she suggested but that the check wasn't "in the mail" so what does she want you to do next.
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