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Old 08-15-2020, 01:10 PM
 
864 posts, read 440,330 times
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Quote:
Originally Posted by Rickfl86 View Post
Hello all!

So last year I got evicted for non payment after 4 years of being at that apartment. As far as paying the balance after the fact, i brought my rent current but had thirty days to come up with an aditional 2 months for leaving early which i didnt have resulting in that balance being sent to collection after the 30 days. I know this is pretty much an automatic denial from most big complexes. But i would like to know if the following plan would help (I live in FL btw):

So the apartment i want to get is a luxury apt. for 1,600/mo. My take home income from my job that ive had the past 2 yrs is just under 4x that (they require at least 2x income). I have a clean background and no complaints from my previous LL outside of non payment. Id even be willing to have new potential LL call them to verify this (even sent an email to the staff at the leasing office after the judgment letting them know that that I appreciated their help over the years and that i had nothing but good remarks about the property).

Now ive done my research and ive found that offering to pay the entire lease upfront is pretty much out of the question since, to my understanding, if i left/broke my lease all unused rent would be owed back to me anyway. So my question is this: if i went in there, explained my situation, and offered to pay the entierty of a 7 month lease down as a security deposit, then pay my regular rent as usual from month 1, would I be able to negotiate a lease with a prior eviction, poor credit? My thinking is that, if for whatever reason they had to evict me (just playing worst case senario), because i had the entierty of the lease as a security deposit they would be able to draw any balance off of this before returning it. That and being able to show that money was the only issue (not someone who caused all kinds of damage to the unit or noise complaints, or whatever other implications come with considering a tenant with a past eviction).

Any help is appreciated
Why don’t you pay your precious landlord what is owed so it is reflected on your record?
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Old 08-15-2020, 05:08 PM
 
Location: Long Island, NY
1,898 posts, read 2,839,013 times
Reputation: 2559
Quote:
Originally Posted by Joylush View Post
Why don’t you pay your precious landlord what is owed so it is reflected on your record?
It will still show up on a tenants credit report for 7 years as a paid judgment. It will show up on a backround check as a eviction procedure within the courts....for life.
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Old 08-15-2020, 07:42 PM
 
864 posts, read 440,330 times
Reputation: 2351
Quote:
Originally Posted by reenzz View Post
It will still show up on a tenants credit report for 7 years as a paid judgment. It will show up on a backround check as a eviction procedure within the courts....for life.
That was supposed to say previous landlord, not precious. I use a screening service that is excellent at evaluating credit risk. While I normally would not consider someone with a history of evictions someone who had one but took responsibility and paid what was owed is a different story. I’d much more likely take that if everything checked out otherwise than someone with a series of charge-offs they never will pay. My criteria is must have a history of responsible payment history. Paying your debts is being responsible.
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Old 08-16-2020, 05:50 AM
 
10,746 posts, read 26,026,661 times
Reputation: 16033
Quote:
Originally Posted by Joylush View Post
That was supposed to say previous landlord, not precious. I use a screening service that is excellent at evaluating credit risk. While I normally would not consider someone with a history of evictions someone who had one but took responsibility and paid what was owed is a different story. I’d much more likely take that if everything checked out otherwise than someone with a series of charge-offs they never will pay. My criteria is must have a history of responsible payment history. Paying your debts is being responsible.
Not getting evicted is even more responsible.
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Old 08-16-2020, 11:37 AM
 
864 posts, read 440,330 times
Reputation: 2351
Quote:
Originally Posted by Kim in FL View Post
Not getting evicted is even more responsible.
I agree but things happen so it depends on the story. Sounds like this person paid his rent. What he didn’t pay is the two month penalty for breaking his lease early. Did the landlord really fail to rerent the unit for two months ? Not likely. Landlords have a responsibility to mitigate the loss to the tenant.

So while I typically do not rent to anyone with a history of evictions I look at the overall circumstances as well. Having a bankruptcy on your record or losing your home doesn’t look good on your record either. But things happen to people, divorce, job loss, illnesses. Several of my best tenants had past items on their records that they were working very hard to correct/overcome. Something that happened years ago but more recent history shows responsible behavior doesn’t automatically disqualify them.

I work with tenants who need to leave early and as a result they bend over backwards to leave their units spotless and to help make sure I am able to find a quick and qualified replacement tenant. I also have a reasonable early termination fee built in to my leases so it makes things easier and fair for both parties.

I had a tenant break a lease early a couple years ago to buy a house. They asked to do whatever they needed to do to make things as easy as possible for me. I told them I was out of town and this put me in a pickle but I was going to sell the house. So if they would work with my realtor and leave the house spotless/ready to show when they left they could move without penalty. They gave plenty of notice. They showed the house to the realtor so she was ready to list the home as soon as they had departed. The realtor said she had never seen a house left in such mint condition. She listed it the next day and I had a full price offer the next day. I have rarely not had to do something to a house after a turnover. And I rarely have any issues with tenants although that’s after many years of learning how to choose them.

So yes, not having a collection on your record is better than having one but paying one off shows great responsibility and is a sign of true character. Plenty of people appear perfect on paper and when things go bad, so do they.
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Old 08-16-2020, 11:51 AM
 
10,746 posts, read 26,026,661 times
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Quote:
Originally Posted by Joylush View Post
I agree but things happen so it depends on the story. Sounds like this person paid his rent. What he didn’t pay is the two month penalty for breaking his lease early. Did the landlord really fail to rerent the unit for two months ? Not likely. Landlords have a responsibility to mitigate the loss to the tenant.

So while I typically do not rent to anyone with a history of evictions I look at the overall circumstances as well. Having a bankruptcy on your record or losing your home doesn’t look good on your record either. But things happen to people, divorce, job loss, illnesses. Several of my best tenants had past items on their records that they were working very hard to correct/overcome. Something that happened years ago but more recent history shows responsible behavior doesn’t automatically disqualify them.

I work with tenants who need to leave early and as a result they bend over backwards to leave their units spotless and to help make sure I am able to find a quick and qualified replacement tenant. I also have a reasonable early termination fee built in to my leases so it makes things easier and fair for both parties.

I had a tenant break a lease early a couple years ago to buy a house. They asked to do whatever they needed to do to make things as easy as possible for me. I told them I was out of town and this put me in a pickle but I was going to sell the house. So if they would work with my realtor and leave the house spotless/ready to show when they left they could move without penalty. They gave plenty of notice. They showed the house to the realtor so she was ready to list the home as soon as they had departed. The realtor said she had never seen a house left in such mint condition. She listed it the next day and I had a full price offer the next day. I have rarely not had to do something to a house after a turnover. And I rarely have any issues with tenants although that’s after many years of learning how to choose them.

So yes, not having a collection on your record is better than having one but paying one off shows great responsibility and is a sign of true character. Plenty of people appear perfect on paper and when things go bad, so do they.
No, what shows true character is paying your rent, on time, every month. It also means that when you love, you make you’re following the lease and paying all monies owed. Your landlord shouldn’t have to take you to court to get his money. Yeah, stuff happens but that’s when you call the landlord and be up front and honest and work something out.
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Old 08-16-2020, 12:26 PM
 
864 posts, read 440,330 times
Reputation: 2351
Quote:
Originally Posted by Kim in FL View Post
No, what shows true character is paying your rent, on time, every month. It also means that when you love, you make you’re following the lease and paying all monies owed. Your landlord shouldn’t have to take you to court to get his money. Yeah, stuff happens but that’s when you call the landlord and be up front and honest and work something out.
You’re a tough one Kim. Again, we don’t know the circumstances here. They wanted him to pay two extra months rent after he paid all the rent for the time he lived in the apartment. What was the extra two months for? Was it a “fee” for breaking the lease early? Were there two months left on the lease they demanded payment for? Does the record show an eviction was filed? Was it actually executed? Not exactly sure how you file an eviction in a case where someone has paid their rent and moves early being as their is nobody there to evict.

So the circumstances and details are too limited to really pass judgement on. And I agree the landlord should not have to take you to court to get the money owed.

It’s the “what is owed” after a tenant moves out early that’s in question. Expecting a tenant who moves out six months early (relinquishes possession) to pay you for the remaining months left on the lease when you could rent it to someone else isn’t showing good character. And absolutely communicating with your landlord is a much better approach than sticking your head in the sand...the thing is some landlords will not work with anyone- and we don’t know the details here.

So you definitely win Kim. Having no collections on your record is indeed best. But having a collection on your record that you ultimately pay is better than having collections on your record that you never pay.
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Old 08-16-2020, 12:34 PM
 
Location: Long Island, NY
1,898 posts, read 2,839,013 times
Reputation: 2559
Quote:
Originally Posted by Joylush View Post
I agree but things happen so it depends on the story. Sounds like this person paid his rent. What he didn’t pay is the two month penalty for breaking his lease early. Did the landlord really fail to rerent the unit for two months ? Not likely. Landlords have a responsibility to mitigate the loss to the tenant.

So while I typically do not rent to anyone with a history of evictions I look at the overall circumstances as well. Having a bankruptcy on your record or losing your home doesn’t look good on your record either. But things happen to people, divorce, job loss, illnesses. Several of my best tenants had past items on their records that they were working very hard to correct/overcome. Something that happened years ago but more recent history shows responsible behavior doesn’t automatically disqualify them.

I work with tenants who need to leave early and as a result they bend over backwards to leave their units spotless and to help make sure I am able to find a quick and qualified replacement tenant. I also have a reasonable early termination fee built in to my leases so it makes things easier and fair for both parties.

I had a tenant break a lease early a couple years ago to buy a house. They asked to do whatever they needed to do to make things as easy as possible for me. I told them I was out of town and this put me in a pickle but I was going to sell the house. So if they would work with my realtor and leave the house spotless/ready to show when they left they could move without penalty. They gave plenty of notice. They showed the house to the realtor so she was ready to list the home as soon as they had departed. The realtor said she had never seen a house left in such mint condition. She listed it the next day and I had a full price offer the next day. I have rarely not had to do something to a house after a turnover. And I rarely have any issues with tenants although that’s after many years of learning how to choose them.

So yes, not having a collection on your record is better than having one but paying one off shows great responsibility and is a sign of true character. Plenty of people appear perfect on paper and when things go bad, so do they.

Landlords in Florida do NOT have a duty to mitigate.
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Old 08-16-2020, 01:22 PM
 
Location: North Idaho
32,658 posts, read 48,053,996 times
Reputation: 78466
Quote:
Originally Posted by Rickfl86 View Post
........So last year I got evicted for non payment after 4 years of being at that apartment. As far as paying the balance after the fact, i brought my rent current but had thirty days to come up with an aditional 2 months

It sounds to me like the eviction for non-payment happened and then after the eviction, OP paid the past due rent, but not the eviction expenses or possibly lease break fees. That's the way OP's post reads to me.



At any rate, he would not have been evicted after he was completely out. You can't evict someone who isn't living there, so his landlord had to take him to court to get him out and it sounds like the landlord had to take him to court to get the past due rent, but didn't get all of it.


It's up to other landlords to decide who they will accept and who they will reject. I don't take any tenant whose landlord had to take him to court to get a judge to order him out, but some landlords do. Maybe they want additional deposit money, or higher than normal rent, or some other sort of security. That's up to them.


I recommend to other landlords to not take any tenant who has been evicted, but it is up to them whether or not they want to take my advice. I tell them once and after that they are on their own because it isn't really any of my business.


As for judgements, it most certainly looks better on the credit report if they have been paid off. They will still be listed but the credit report shows whether or not they have been paid.
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Old 08-16-2020, 01:25 PM
 
864 posts, read 440,330 times
Reputation: 2351
Quote:
Originally Posted by reenzz View Post
Landlords in Florida do NOT have a duty to mitigate.
We’ll be very careful about that and follow the statute. If you retake possession once someone has vacated you are obligated to mitigate. If you want to simply leave the property vacant and unattended (your other option) for the remainder of the lease so you can go after the tenant to get a judgement, have at it. But that will most likely result in a much greater loss. A more practical approach would be the mitigation route as it mitigates the landlord’s loss as well.
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