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Old 05-08-2015, 11:55 AM
 
Location: West Virginia
13,927 posts, read 39,302,018 times
Reputation: 10257

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Quote:
Originally Posted by generalswife View Post
and I have to bring the rents up to market rate.
WHY? Is there some Law in your area Making you raise the rent?
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Old 05-08-2015, 12:08 PM
 
147 posts, read 212,767 times
Reputation: 234
Quote:
Originally Posted by Katie1 View Post
WHY? Is there some Law in your area Making you raise the rent?
Yes. The law of supply and demand. Being a landlord is a business, nothing more, nothing less.

It is not a private entity's duty to provide.
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Old 05-08-2015, 12:43 PM
 
54 posts, read 80,848 times
Reputation: 116
Quote:
Originally Posted by sware2cod View Post
I would go forward with eviction BECAUSE the tenant is trying to buy more time. If you drop eviction now because tenant promises to leave my end of May. Then what if they don't move...you then have to start over again.

Besides, why agree to give a good reference and let them walk away owing you nothing. That's a bunch of BS. Even if you don't collect, why in the world would you simply wipe away the fact that they owe you money?

Sounds like they are making up lies to strong arm you. And your propery manager is lazy and doesn't want to go forward with eviction (and has no 'skin' in the game). So the propery manager is getting conned by the renter.

I would go forward with eviction and make sure to bring your photos and all texts, logs of maintenance request and maintenance done (receipts, etc) since the tenant has lived there. Me thinks tenant isn't going to court and won't dare bring that stuff up in court because it's a lie. But tenant is trying to use this to scare you into dropping the eviction because the tenant doesn't want the eviction to go forward.

Even IF you had issues with the habitability, the renter would need to be making these requests that you fix things beforehand. And in many states there are exact steps the tenant must do IF there are habitability issues that landlord doesn't resolve. Such as in some states pay the rent to an escrow acct and/or send specific number of notices to landlord requested items to be fixed, etc.
This! According to you, the "tenants" are lying about the condition of the house, haven't paid rent, and you're trusting them to move out peacefully?

Inspect, document, repair and proceed with eviction.
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Old 05-08-2015, 01:17 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,071,179 times
Reputation: 10357
If you want to spend a bunch of money that you will probably never recover to massage your ego, go ahead. You seem to have a tenant that knows enough law to at least be dangerous though, and there is no guarantee he won't file a motion to reschedule the hearing (each side usually gets one as a courtesy).

I'd take the deal and be done with it, personally.
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Old 05-08-2015, 01:24 PM
 
Location: los angeles county
1,763 posts, read 2,047,727 times
Reputation: 1877
I vote for eviction.

How much more expensive is it?

I don't know what your state laws are, but what is this?
Quote:
They will agree however as part of a court orders stipulation to move out by May 31st 2015
Do you have court orders already?

In my state, we don't have any court orders unless eviction papers have already been filed.
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Old 05-08-2015, 01:32 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,071,179 times
Reputation: 10357
Quote:
Originally Posted by oh come on! View Post
I vote for eviction.

How much more expensive is it?

I don't know what your state laws are, but what is this?


Do you have court orders already?

In my state, we don't have any court orders unless eviction papers have already been filed.
It basically means there will be a settlement reached under those terms. If the tenants fail to move out the OP simply files a motion to enforce it.
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Old 05-08-2015, 01:34 PM
 
13,130 posts, read 21,001,609 times
Reputation: 21410
Quote:
Originally Posted by STT Resident View Post
Who does the attorney represent - you or the PMC? It sounds as though you need your own attorney to protect your interests.
Quote:
Originally Posted by STT Resident View Post
Who does the attorney represent - you or the PMC? It sounds as though you need your own attorney to protect your interests.
Quote:
Originally Posted by STT Resident View Post
Who does the attorney represent - you or the PMC? It sounds as though you need your own attorney to protect your interests.
Quote:
Originally Posted by STT Resident View Post
Who does the attorney represent - you or the PMC? It sounds as though you need your own attorney to protect your interests.
Can't repeat this enough!
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Old 05-08-2015, 02:14 PM
 
Location: West Virginia
13,927 posts, read 39,302,018 times
Reputation: 10257
Quote:
Originally Posted by Sam.adams33 View Post
Yes. The law of supply and demand. Being a landlord is a business, nothing more, nothing less.

It is not a private entity's duty to provide.
Then the Tenants have the Right to Demand the place they lived with do to lower rent Needs Fixed Before they pay the Higher fees!
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Old 05-08-2015, 02:17 PM
 
147 posts, read 212,767 times
Reputation: 234
Quote:
Originally Posted by Katie1 View Post
Then the Tenants have the Right to Demand the place they lived with do to lower rent Needs Fixed Before they pay the Higher fees!
Due

Needs to be

Rent is not a fee

AND

The tenant in question stopped paying the LOWER rent
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Old 05-08-2015, 02:22 PM
 
Location: West Virginia
13,927 posts, read 39,302,018 times
Reputation: 10257
She didn't say when the Tenants were to sign new leases reflecting the increase. Oops Yes she did in a later post. June. I would pay Mays rent BUT put in Writing unless the place is Repaired I wont pay the Increased rent. .... But then there is a Legal way to do this I believe.

OP You took over from another relative How do you know the place is Not falling apart? & Would the Owner Want you to 1 Raise the rents 2 Loose all the Tenants?

Last edited by Katie1; 05-08-2015 at 02:34 PM..
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