Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I own a house with a granny flat that I live in and rent out the front house. The last two months I have been struggling financially with the added burden of the tenant stringing me along for rent and blowing up the utilities that she is behind on as well. I have served her 3 day notices but both times she paid most (not all) before I could gather the funds to file eviction at the courthouse so it hasn't gone any further than that. The issue at hand is her expectation of me to pay for everything with complete disregard for the fact that she is behind in both rent and utilities..... like the wifi I so graciously shared.. well I can't afford to pay it right now and keep the water on at the same time . I explained to her in the beginning that both this and the laundry facility are not a right but a privileged but since I didn't get this in writing I see she had no problem forgetting. I am so frustrated as I have been having serious medical issues plus legal issues that have cost me tremendously but I have faith will work out in the end... but for now she is driving me mad making promises to pay and breaking 90% of the time while I rely on her coming through to pay my bills. I don't make anything extra to play with here. I have a fractured spine in need of surgery but Im working double to make ends meet and Im going to be paralyzed and homeless here if I don't get her out asap. The laundry area is not spelled out in the contract but could she have a valid complaint if I lock her out? She seems to think I have enough money growing in the back yard to carry her bills but she is driving me into a hole.... this is a huge learning lesson to say the least. I just want to lock her out of the laundry in the meantime as I have 2 more days to file eviction with the court, Can I lock her out of the laundry facility privledge or do I have to provide notice of this or any ideas?.... Im in California BTW and I know I should have gotten all aspects in writing to start.... Now I really know
First, does the tenant have a lease and if so, when does it expire and does the terms of payment clearly spelled out?
Second, if you can't afford to carry a dead beat tenant through the eviction process, you are way over you head as a landlord and need to get out of this as soon as possible! Beg or borrow the money you need to evict and end this mess.
Third, read the second point again.
Fourth, read the second and third points again and again!
Is the tenant on a lease or a month to month rental agreement. If it is a month to month, give her a 30 day no cause notice to vacate (60 day notice in California if she has been there for over a year).
Every time she is late, give her the pay or quit notice. I don't think you have to accept partial payment of what she owes. If you can't afford a lawyer, find the landlord's Association in your area and go to a meeting and ask for advice. Someone there will know what your local judge is requiring from landlords and allowing from tenants.
Just a suggestion: if you are going to evict her, and it sounds like you must, do not curtail any of her privileges. All that does is to give her something to argue about in court to try to muddy the waters.
Sounds like you're going to have to evict. All you are required to go is keep the utilities on. Water electric heat. Unless you specifically listed Internet as a supplied feature you are not required to give it. However since you did it can be argued as you made it available. Same with the laundry. Don't screw around with these lock out games. She's currently Kate n rent. Give her a 3 day pay (up to current) or quit, if she doesn't start eviction. Dont screw around.
Is this person on a lease for a year? Has she lived there over a year? Or month to month? Less than a year? If it's month to month give her a 3 day pay or quit, AND a 30 day rent raise. If you're not in a rent control building/area you can raise it to whatever you wish.
A tenant using the laundry facility that was provided from the start shouldn't be a problem. And a landlord's medical problems are not the tenants problems. You not having money that's not related to the tenants rent also isn't their problem, nor is it their problem you work all day to keep a roof over your head. They just may be doing the same thing.
Everything aside, she pays rent late, but she still pays you and you keep accepting it. What does your lease say? Can you tack on late fees? Can you evict them after so many late payments? Like I mentioned before, it's not the tenants problem that you can't afford to file eviction proceedings. How do you even know she's not keeping up on her utility payments? Do you have separate meters, or is she paying you a flat amount every month? Of the latter, again, how much they use isn't their problem if she IS paying for it, albeit late.
You've gotten yourself in a pretty nasty situation, so I do feel for you. But like Rabrrita said, when this tenant is finally out, don't continue to be a landlord, you clearly dont have the finances for it.
First, does the tenant have a lease and if so, when does it expire and does the terms of payment clearly spelled out?
Second, if you can't afford to carry a dead beat tenant through the eviction process, you are way over you head as a landlord and need to get out of this as soon as possible! Beg or borrow the money you need to evict and end this mess.
Third, read the second point again.
Fourth, read the second and third points again and again!
You sound like a 3rd grade teacher. OP asked for advise...not a lecture.
Koale
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
geez...
