[Mt-7]

And if used correctly an FED can return the property legally to the owner and keep the tenant out of a tarnished credit. The longer they sit the more they owe, it does become a cycle.
I have been able to shake hands more often than not after a court date.

[tazz]

Originally Posted by Sinister

Yes, the rent is due on the 1st of every month, late after 3 days.
How am I in the wrong?
Should I give her 30 days before she's late? Hell, why not just let her live there for free?
I wish I could tell my mortgage company that.

I'm on your side. Why should their financial disaster turn into your financial disaster?
I assume when you became a landlord you didn't plan on running a charity.

[olecapt]

Again though this is a BK. Anything that goes down is part of the BK.

In a BK basically all debts that were in place on the BK date are into the estate...rent due is an unsecured debt in that estate.

The security deposit however may be an asset of the estate and may have to be turned over to the court. Depends on the language in the lease.

Note that any rent due after the BK date is an admin charge and gets paid with the highest priority.

A tenant can void the lease immediately after a BK.

And watch out for back payments in the 90 days prior to a BK...a trustee can require that money to be returned to the estate.

[tazz]

Originally Posted by olecapt

Again though this is a BK. Anything that goes down is part of the BK.

In a BK basically all debts that were in place on the BK date are into the estate...rent due is an unsecured debt in that estate.

The security deposit however may be an asset of the estate and may have to be turned over to the court. Depends on the language in the lease.

Note that any rent due after the BK date is an admin charge and gets paid with the highest priority.

A tenant can void the lease immediately after a BK.

And watch out for back payments in the 90 days prior to a BK...a trustee can require that money to be returned to the estate.

All the more reasons to get this tenant out and cut the snowballing losses.

[macgeek]

There is a line where compassion becomes stupidity, and too much of anything is bad, But the OP has been stating that this person who up to this point has been current with her rent, and she was 8 days late and he already was filing papers to have her evicted, is nothing more then cold, and heartless.

I would say more about my opinion of the OP, but I would be breaking TOS (again!)



Jonathan

[olecapt]

Originally Posted by tazz

All the more reasons to get this tenant out and cut the snowballing losses.

Not clear that any action against the tenant is available. If the tenant filed BK on or after July 1 the rent due was folded into the BK and all collection and eviction actions were stayed. So the LL is stuck until 1 August. If the BK was filed before 7/1 then an immediate eviction for non payment would be in order.

I agree that compassion in such a situation is likely suicidal for the LL.

[Mt-7]

If the OP comes back maybe he can tell us what type of notification he received from this lawyer or is it a trustee?

[Frankfromcanada]

have the tenant evicted...i'm sure they will start defaulting on rent once that happens you can get them out...

The best thing to do is BUY them out...make a deal with them to move out by the end of the month and upon you confirming the are out hand them a check for the months rent....Make sure you are at the unit to change the locks and make sure everything is out...

They will be motivated not to fight you as they are in a desperate situation the money will help them move on and at the end of the day it will still be way cheaper then going through the courts to get them out.

Frank

[LV2ndHome]

Originally Posted by macgeek

There is a line where compassion becomes stupidity, and too much of anything is bad, But the OP has been stating that this person who up to this point has been current with her rent, and she was 8 days late and he already was filing papers to have her evicted, is nothing more then cold, and heartless.

I would say more about my opinion of the OP, but I would be breaking TOS (again!)



Jonathan

I would not be too quick to judge and jump to conclusions. There is no way for us to know all the details from only a few brief posts.

For example, what if it is known by the LL that she recently developed a drug problem, which caused her to lose her job, she will have no ability to pay in the future, doesn't even have any intention of ever trying pay anything moving forward, and is deliberately using the legal system to her advantage to get a free ride for as long as she can, while maybe the LL is struggling financially himself? Past payment performance becomes virtually meaningless because so much has recently changed. I would be largely on the LL's side.

In contrast, if it appeared likely she would be able to stay current financially moving forward and has every intention of doing so, and simply fell on a temporary unforeseeable hard time, then I would agree more with your premature conclusion.

[Frankfromcanada]

The tenants problems are NOT the landlords problems..........PERIOD.
Unfortunately I have been around the block with being a Landlord and Compassion is definitely viewed as weakness by tenants in survival mode.....

I usually wait till the 2nd to say they are late and give them to the 15th before i start taking legal action...

Thanks for your input

Frank