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I hate to tell you this, but if you don't like liars, you shouldn't be a landlord. It's like a nursing home worker saying they don't like the smell of stale urine. Liars are part of the business of being a landlord, unfortunately.
I hate to tell you this, but if you don't like liars, you shouldn't be a landlord. It's like a nursing home worker saying they don't like the smell of stale urine. Liars are part of the business of being a landlord, unfortunately.
I concur. So many posters on this forum, both landlords and tenants, end up in such melee because they don't know what they're doing from the start.
So many newbie Landlords either know nothing about contracts and don't think they're necessary because it seems to them that a handshake will seal the deal. Newbie landlords fall for the, "I can't pay the security deposit right now but I'll catch up" and that, of course ends up in a bloody mess.
If you as a potential landlord can't take the time to research landlord/tenant law as it pertains to both Federal mandates and your state laws then you shouldn't go there.
A standard lease agreement which you can get at Office Max or online isn't going to include everything applicable to YOUR property. You have to read through everything on those forms and then think about all the things that aren't included but which are important to you.
Best bet - go through all the forms available, write up the particulars you would like to see in your particular lease and then pass it by a qualified attorney for his or her advice.
And read through this forum on CD to get a really good education!
Send him a certified letter reminding the tenant that the rental agreement
lists the tenant only at the residence and additions would need to be agreed
upon and added to the agreement. Don't expect an admission,
but this way he knows you are aware. Also, tell him the outside needs
attention and cleaning up, state a time frame. Smoking, no you can't prove it,
but you can smell it, remind him hes violating the lease.
You have a security deposit for this reason.
When they move use Kilz on the walls prior to painting, take the deduction,
and any other cleaning necessary to rid the residence of the smoke odor.
This is part of the rental business, you haven't even been inside yet,
so brace yourself. Sorry.
Quote:
Originally Posted by discoqueen
Okay, here's a question to anyone who want's to responsed.
I have a beautiful home I'm renting. This is my first time renting out so I tried to do everything I could to protect myself. I got some Credit Applications (checked their credit) and "Residential Lease Contracts".
The tenent has been living there a since Feb. The contract reads he is living alone. In the past few months his check bounced (which he made good plus late fee) notified he would be late the next month, but would pay late fee. When I've knocked at the door, it reeks of smoke (the lease states "No Smoking in Home," he denies it and I can't prove it. Now I think his daughter is living in the home also. The side of the house is crappy and looks like tralier trash. We worked so hard to clean the place and I really wanted someone to treat the place like we would.
I'm really tired of the lying and I want him out. Do I sound like a jerk?
Last edited by virgode; 09-27-2009 at 12:03 AM..
Reason: paragraphing
Even though this thread is old, nothing has changed and the information is still very good,
We are in a similar situation right now and just won our court hearing to evict but the tenants are threatening to appeal. So annoying that they can do this as they have no basis but if they do appeal sounds like it will take longer to get them out, only costing us more money and letting them live longer for nothing. Any suggestions on what to do now? they are being evicted for non payment of rent. and yes they are very good liars. frustrated in texas
Even though this thread is old, nothing has changed and the information is still very good,
We are in a similar situation right now and just won our court hearing to evict but the tenants are threatening to appeal. So annoying that they can do this as they have no basis but if they do appeal sounds like it will take longer to get them out, only costing us more money and letting them live longer for nothing. Any suggestions on what to do now? they are being evicted for non payment of rent. and yes they are very good liars. frustrated in texas
They have 6 days to appeal. After that, if they don't, you can file to have the Constable set them and their stuff out (you have to hire the movers) if they remain. Most tenants wil clear out before then.
If they appeal, they have to post a bond. If they had the money to do that, they could have paid rent. If they file a "Pauper"s Affidavit", you need to hire an attorney and fight that as it can drag it out and it's easy to defeat the claim of Pauper status but it has to be done right.
Thanks, Steve. this is even funny, after they left the courthouse threatening to appeal, they later texted saying they expected their deposit back because they are leaving the place better than it was. Guess they found out it costs money to appeal. No way they could get pauper status as they both have jobs and have 2 nice cars, better than ours. Anyway, we are hoping this bodes well for us in that they won't totally trash the place. They currently owe us close to the amount of the deposit so we didn't figure on giving it back but just thought I would check with ya'll to see if legally we might have to give some back if there is no damage. Our lease says if they do not pay rent they can be evicted and they forfeit their deposit. What do you think?
Thanks, Steve. this is even funny, after they left the courthouse threatening to appeal, they later texted saying they expected their deposit back because they are leaving the place better than it was. Guess they found out it costs money to appeal. No way they could get pauper status as they both have jobs and have 2 nice cars, better than ours. Anyway, we are hoping this bodes well for us in that they won't totally trash the place. They currently owe us close to the amount of the deposit so we didn't figure on giving it back but just thought I would check with ya'll to see if legally we might have to give some back if there is no damage. Our lease says if they do not pay rent they can be evicted and they forfeit their deposit. What do you think?
part of 'damages' is owed rent. Any money they owe you is considered 'damages'. Also real damage to the rental is also considered damage. Add all this up and deduct from the deposit. They probably owe you eviction court costs too, I would assume. Make sure you have that covered legally.
IMPORTANT: Make sure you follow state laws regarding sendng them official notice of the deductons you are taking from the security deposit. There is a short timeframe on when this must be sent and some states have exact words that need to go into this letter. You want to send it certified mail to their last known address. If they don't give you their new address where they are moving, then you send to the property they are vacating.
If you don't send the letter about the security depost within the required timeframe, then you owe the entire deposit to renter even if they owe you money. You would have to sue to get that money but wouldnt be allowed to keep from security depost because you took too long.
Thanks, Steve. this is even funny, after they left the courthouse threatening to appeal, they later texted saying they expected their deposit back because they are leaving the place better than it was. Guess they found out it costs money to appeal. No way they could get pauper status as they both have jobs and have 2 nice cars, better than ours. Anyway, we are hoping this bodes well for us in that they won't totally trash the place. They currently owe us close to the amount of the deposit so we didn't figure on giving it back but just thought I would check with ya'll to see if legally we might have to give some back if there is no damage. Our lease says if they do not pay rent they can be evicted and they forfeit their deposit. What do you think?
You don't have to send a deposit disposition letter because the tenant doesn't meet the requirements required. A tenant owing rent at move-out forfeits any claim to a deposit, provided there is no "controversy" about the rent owed. Since you have a court judgement, there is no controversy.
Even if no rent is owed, proper 30 notice must be given, which it wasn't if you had to evict.
Ok i have a question i had a lease that ended in august 30. And the landlord told me that she was selling the house.. i paid for my september month.and i ask her how lonh would she give me.. and she told me 1 month.. so i started looking for a house.. and i found one a the middle of the month i told here thati was moving.. i told her with time because of my deposit, so today is 30 and i told here that i was moving until.next week.. and i told here that i was going to pay her for the week i was going to b here and she was rude and told me that it wasnt her problem.. that i had to pay the whole month.. i dont know what to do..
Ok i have a question i had a lease that ended in august 30. And the landlord told me that she was selling the house.. i paid for my september month.and i ask her how lonh would she give me.. and she told me 1 month.. so i started looking for a house.. and i found one a the middle of the month i told here thati was moving.. i told her with time because of my deposit, so today is 30 and i told here that i was moving until.next week.. and i told here that i was going to pay her for the week i was going to b here and she was rude and told me that it wasnt her problem.. that i had to pay the whole month.. i dont know what to do..
You owe the term of the lease at the minimum. Ontoo of that you owe the term that is considered proper notice, 30 or 60 days. If your lease states it rolls over into month to month at the end of the term and the notice period is 30 days then you owe 30 days after your notice or the remaining term of the lease, whichever is greater.
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similar situation for us-appeal by tenant
