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Old 08-01-2015, 12:03 PM
 
1 posts, read 952 times
Reputation: 10

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long story short I rent my house is in brandon vt Because I moved to Florida to care for dying mother 2 yrs at ( she has since past) the original couple who rented to purchase didn't stay so I rented to a family who I didn't know in jan 2015 and they have been late with rent every month and have harassed & threatened me anytime I try to get the rent. I'm 1600 miles away and they are taking advantage of that. Now my mortgage is 2 months late- due to them not paying.
I got legal advice to send them termination of lease due to no rent for July via email, hand delivered and put return receipt via po. They have till the 15th to move- they are telling me they are not moving- anyone been through this? Do I have to go through my atty to evict or can I go through courts? I'm getting the feeling these renters have done this before- any time I try to talk to them they are threatening me with laws rights etc.
I didn't want to be a landlord- every penny goes to mortgage & taxes. I thought by now it would be sold.
I'm in my 50s with health issues and disabled. The stress of these renters is effecting my health.
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Old 08-01-2015, 12:59 PM
 
Location: Spearfish area
36 posts, read 50,048 times
Reputation: 68
Had a similar experience with some dirt balls in Wisconsin. We had the utilities switched back into our name(the legal owners) and promptly shut off the power and water. Problem solved.
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Old 08-01-2015, 06:39 PM
 
Location: Venus
4,715 posts, read 3,156,401 times
Reputation: 7812
Been there, done that. I could tell you some tenant horror stories. We had about 6 different tenants over the course of 10 years or so and 3 of them would pay their rent (well, one of those 3 we had to remind every months-it was a "Oops, we forgot" but they paid when we reminded them). One of those we actually had to evict. Another person's kids trashed the place and then she called the building inspector-yup, stuff that HER kids did and she didn't tell us. We hated being landlords so we kicked out the last tenants and took over the whole house (it was a two family house).

We have been trying to sell the house but the market is in the toilet. We reluctantly realize that the only way we are going to get ahead is to rent it out. Not what we want to do but we feel we don't have a choice right now. The house will go back on the market once the market recovers. But we are going to be VERY careful as to whom we are going to rent to. We will be doing all sorts of checks-background check, calling employer, calling references, etc. etc. MAYBE we won't have the problem we had last time.


I did find this about evicting a tenant:

Tenant problems | Landlords | Vermont Rental Housing Codes

Success with The Vermont Eviction Process and Notice to Quit Form


I hope this helps.



Cat
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Old 08-01-2015, 09:14 PM
 
Location: Scottsdale, AZ
7,401 posts, read 4,558,183 times
Reputation: 27080
Quote:
Originally Posted by kotz View Post
Had a similar experience with some dirt balls in Wisconsin. We had the utilities switched back into our name(the legal owners) and promptly shut off the power and water. Problem solved.
Not that I blame you -- I would have loved to have done that with our deadbeats -- but in most places that's illegal. It's called a "self-help eviction."

OP, please check with your attorney. You may need one who only does evictions. That's what we did.
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Old 08-01-2015, 10:07 PM
 
Location: southwest TN
8,224 posts, read 14,866,414 times
Reputation: 14977
Quote:
Originally Posted by Disabledinflorida View Post
long story short I rent my house is in brandon vt Because I moved to Florida to care for dying mother 2 yrs at ( she has since past) the original couple who rented to purchase didn't stay so I rented to a family who I didn't know in jan 2015 and they have been late with rent every month and have harassed & threatened me anytime I try to get the rent. I'm 1600 miles away and they are taking advantage of that. Now my mortgage is 2 months late- due to them not paying.
I got legal advice to send them termination of lease due to no rent for July via email, hand delivered and put return receipt via po. They have till the 15th to move- they are telling me they are not moving- anyone been through this? Do I have to go through my atty to evict or can I go through courts? I'm getting the feeling these renters have done this before- any time I try to talk to them they are threatening me with laws rights etc.
I didn't want to be a landlord- every penny goes to mortgage & taxes. I thought by now it would be sold.
I'm in my 50s with health issues and disabled. The stress of these renters is effecting my health.


This should be in the real estate/renting forum.

Your mortgage is not 2 months late due to them not paying. It is late because you did not pay your mortgage. Period. Regardless whether you have extra expenses such as: furnace goes caput, car dies, etc., you owe the mortgage. It is your responsibility. You tried to offset your expenses by renting out your home and, as you now have found out, that doesn't always work out. Find a way to pay your mortgage.

The eviction process will take time and, during that time, you will still not get paid the rental fee - if ever.

At the top of the real estate/renting forum is a sticky with the landlord-tenant statutes for the state of VT. It is essential that you follow them EXACTLY or turn the matter over to an attorney.

Should you choose to evict them yourself, first thing is to stop talking to them. Whatever needs to be said should be done via paper trail - letters, certified. All of this and what you should be saying to them is written in the statutes.

You can get a low-cost initial consultation with an attorney through the lawyer referral service in VT. It's in your phone book or you can look it up online.

Good luck. For more help from other landlords, have a moderator move this to the real estate forum.
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Old 08-01-2015, 10:10 PM
 
35,121 posts, read 40,004,782 times
Reputation: 62027
Quote:
Originally Posted by Disabledinflorida View Post
long story short I rent my house is in brandon vt Because I moved to Florida to care for dying mother 2 yrs at ( she has since past) the original couple who rented to purchase didn't stay so I rented to a family who I didn't know in jan 2015 and they have been late with rent every month and have harassed & threatened me anytime I try to get the rent. I'm 1600 miles away and they are taking advantage of that. Now my mortgage is 2 months late- due to them not paying.
I got legal advice to send them termination of lease due to no rent for July via email, hand delivered and put return receipt via po. They have till the 15th to move- they are telling me they are not moving- anyone been through this? Do I have to go through my atty to evict or can I go through courts? I'm getting the feeling these renters have done this before- any time I try to talk to them they are threatening me with laws rights etc.
I didn't want to be a landlord- every penny goes to mortgage & taxes. I thought by now it would be sold.
I'm in my 50s with health issues and disabled. The stress of these renters is effecting my health.

Start here reading: State Landlord Tenant Laws

Then follow the legal guidelines you have to for eviction.

You cannot legally turn off the utilities in most states to get rid of renters.

Those who do and are reported by the renters can get into serious and expensive legal trouble.
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Old 08-01-2015, 10:11 PM
 
35,121 posts, read 40,004,782 times
Reputation: 62027
Quote:
Originally Posted by kotz View Post
Had a similar experience with some dirt balls in Wisconsin. We had the utilities switched back into our name(the legal owners) and promptly shut off the power and water. Problem solved.

If this is illegal in Wisconsin and the renters reported you there could have/can be serious legal and financial trouble for you.
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Old 08-02-2015, 10:58 AM
 
11,256 posts, read 43,199,644 times
Reputation: 14905
Quote:
Originally Posted by kotz View Post
Had a similar experience with some dirt balls in Wisconsin. We had the utilities switched back into our name(the legal owners) and promptly shut off the power and water. Problem solved.
VERY BAD ADVICE.

"self-eviction" by a landlord is illegal in every state that I know of.

to terminate essential living services to a residence puts you at risk of being fined by the state. You'll find out the hard way that your non-paying tenants have "rights" to the place and you cannot just make the house uninhabitable.

Understand that there are state agencies and private tenant's rights organizations that aggressively seek to punish evil landlords. You won't be tangling with the tenants if you do this, you'll be up against state law and agencies to punish you.

Others above have posted the process information. You must pursue a legal eviction process, and it will take time and expenses to do so.
You will likely lose money in this process as it can take months to get the folk out of your house, probably without seeing any of the rental income. At that, you may find that the house is in unrentable condition after they leave, so you can't restore cash flow very quickly and may have to spend money out of pocket to restore the house to rental ready condition, and then locate a new tenant.

In the meantime, your house could be in foreclosure. Perhaps contacting a buy-out specialist in the area would be the best way for you to minimize your potential losses. A quick sale at a nominal price may be better than the foreclosure on your credit record and eliminate the long distance rental hassles.
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Old 08-02-2015, 03:10 PM
 
809 posts, read 672,591 times
Reputation: 1332
How about having a dependent family member move in? I understand that preempts a tenant's right to remain.
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Old 08-02-2015, 09:23 PM
 
864 posts, read 898,628 times
Reputation: 1740
I went through the Vermont eviction process a few years ago. You might get a feel for it from this thread:

Any Vermont Landlords gone through the eviction process?

It can be done but it takes time. (Nothing in your personal life will have an effect on the courts as far as I know.) You just have to do things step by step. If you do it yourself, you will have to file at the courthouse and then bring paperwork to the sheriff's office to be served... then wait. At the end of this long process is the writ of possession. This is where you finally get your house back.

Do not expect to get paid during this time. They might try to send you money to delay the process but just cash it and continue on.

My advice would be to get an attorney if you are out of state.
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