Question regarding credit privacy

[EricBoyd]

I say evict them and pray they don't damage the unit during their exit. I would definitely work to get Power of Attorney from your brother, when you meet with him next. If he has email access where he is, and if there's a US Embassy near, he can probably get a notary signature there. Having that will make things easier.

I wouldn't be too concerned about them getting up-in-arms over the "credit history" comment. Fact is, you are acting on behalf of your brother, and with his permission, whether it's in writing or not. If you've never seen their credit report, then tell them that and stick to it.

[Faworki1947]

Originally Posted by jkiss

Obviously the person has some major credit problems they have already disclosed. I say evict them. I have bad credit but excellent rental history. I would pay my rent over anything else because you gotta have a place to call home. ( The bad credit is due to the economy and me losing my job last year)

Its not so much the credit I check but rental history .. and proof of of self ( no illegals in my buildings!) I can deal with most of the "bad"credit issues like bankruptcy or car repos as long as the rental history is good

Job loss happens but as long as the rent is paid w/o resorting to dealing or such I'm easy to work with and will try to give a fair shake

[thevogels]

Your comments have eased my mind, but my brother is now very upset with me for the second note i sent. i fear that this will validate her opinion that there has been a breach. If he admits to her that he made that offhand remark about them renting his house because they couldn't qualify for a mortgage, would that be a case in court? my opinion is no, because even if there is a contract that says he can't do that, she broke the lease the first time she was late on rent. Is this accurate?

[thevogels]

i looked through his paperwork and i dont even see a contract.

[CptnRn]

Edit: Somehow I have missed what state this is taking place in. Since the OP location is Richmond, I assumed Virginia in my response below. End Edit

A lease would not typically address issues such as speaking to your brother. He has appointed you to help him manage his business, that is all the authorization you should need. If you or he are nervous about it, ask him to authorize you in a letter to manage his business. Your comment regarding the tenant's "credit history" could have refereed to nothing more then his failure to pay his rent for the last 3 months. This tenant is a trouble maker and the sooner you evict him the better off everyone will be. If your brother did not have him sign a lease, then in most states this means he is on a month to month rent which can be terminated at anytime with 30 day notice. The fact that he has not paid is rent in 3 months calls for an eviction, no 30 day notice needed.

Familiarize yourself with your states landlord tenant laws, they are usually not all that complicated, but its important in doing an eviction that you follow the law.

VDACS - Office of Consumer Affairs - Landlord-Tenant Frequently Asked Questions (http://www.vdacs.virginia.gov/consumers/f-landlord.shtml - broken link)

The landlord may take legal action to evict the tenant. Section 55-248.20 of the VRLTA addresses this issue. See the handbook below.

Q: What law in Virginia addresses landlord-tenant issues?
The Virginia Residential Landlord and Tenant Act (VRLTA), http://www.dhcd.virginia.gov/Homeles...t_Handbook.pdf Sections 55-248.2 through 55-248.40 of the Code of Virginia, establishes the rights and obligations of landlords and tenants in the Commonwealth. Only the courts can enforce those rights and responsibilities.

The VRLTA handbook, http://www.dhcd.virginia.gov/homeles...t_handbook.pdf as published by the Virginia Department of Housing and Community Development, contains additional information and a copy of the law.
The organizations listed at the bottom of this document may provide additional information about the VRLTA. However, different cities and counties in Virginia have their own landlord-tenant commission or similar office. Please contact those offices directly for additional information that may be specific to your locality.

Landlord Remedies.
§ 55-248.31. Noncompliance with rental agreement.

F. If rent is unpaid when due, and the tenant fails to pay rent within five days after written
notice is served on him notifying the tenant of his nonpayment, and of the landlord's
intention to terminate the rental agreement if the rent is not paid within the five-day
period, the landlord may terminate the rental agreement and proceed to obtain possession
of the premises as provided in § 55-248.35. If a check for rent is delivered to the landlord
drawn on an account with insufficient funds and the tenant fails to pay rent within five
days after written notice is served on him notifying the tenant of his nonpayment and of
the landlord's intention to terminate the rental agreement if the rent is not paid by cash,
cashier's check or certified check within the five-day period, the landlord may terminate
the rental agreement and proceed to obtain possession of the premises as provided in §
55-248.35. Nothing shall be construed to prevent a landlord from seeking an award of
costs or attorneys’ fees under § 8.01-27.1 or civil recovery under § 8.01-27.2, as a part of
other damages requested on the unlawful detainer filed pursuant to § 8.01-126 provided
the landlord has given notice in accordance with § 55-248.6, which notice may be
included in the five-day termination notice provided in accordance with this section..

§ 55-248.35. Remedy after termination.
If the rental agreement is terminated, the landlord may have a claim for possession and
for rent and a separate claim for actual damages for breach of the rental agreement,
reasonable attorney's fees as provided in § 55-248.31, and the cost of service of any
notice under § 55-225 or § 55-248.31 or process by a sheriff or private process server
which cost shall not exceed the amount authorized by § 55-248.31:1, which claims may
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be enforced, without limitation, by the institution of an action for unlawful entry or
detainer. Actual damages for breach of the rental agreement may include a claim for such
rent as would have accrued until the expiration of the term thereof or until a tenancy
pursuant to a new rental agreement commences, whichever first occurs; provided that
nothing herein contained shall diminish the duty of the landlord to mitigate actual
damages for breach of the rental agreement. In obtaining post-possession judgments for
actual damages as defined herein, the landlord shall not seek a judgment for accelerated
rent through the end of the term of the tenancy.
In any unlawful detainer action brought by the landlord, this section shall not be
construed to prevent the landlord from being granted by the court a simultaneous
judgment for money due and for possession of the premises without a credit for any
security deposit. Upon the tenant vacating the premises either voluntarily or by a writ of
possession, security deposits shall be credited to the tenants' account by the landlord in
accordance with the requirements of § 55-248.15:1.