Re: tenant refused to sign lease and isn't paying!

Re: tenant refused to sign lease and isn't paying! by mary schuchardt on August 29, 2001 @16:56

Elliot on 8/27/101 4:00 AM said: >>Thanks Jack! I do have a rental application from them, >> >>and their checks deposited in my account. I just got off >> >>the phone with a lawyer friend, and I'm going to file for >> >>eviction tomorrow for failure to pay and argue oral >> >>contract. If the judge says I have no contract with them, >> >>then I'll padlock the door. I think they will leave on that >> >>date, but don't want to get screwed on damages. This >> >>way I can sue them for back rent. And hold the deposit >> >>(in escrow if necessary) until that is paid. >> >>>> >>Reading this board it seems everyone who got >> >>screwed was like me -- trying to be a nice guy and >> >>bending over backwards for someone, and had it bite >> >>them in the butt.>> >>>> >>>> >>>> >>>> >>Jack Klein on 8/27/101 3:12 AM said:>> >>>> >>>>Elliot,>> >>>>>> >>>>What they are doing isn't right obviously, but you don't >> >>have a signed lease. Do you have anything in writing >> >>from them? A binder form or copy of the security check >> >>perhaps? That may help you to prove some sort of >> >>verbal agrement to sign the lease at least.>> >>>>>> >>>>Did you use and LPA rental application (or similar >> >>one ) when screening them? That could be used as a >> >>pre rental agreement because it is in effect a contract in >> >>itself.>> >>>>>> >>>>>> >>>>>> >>>>It is an unfortunate situation and I think you have to >> >>use your judgement on if these people are telling the >> >>truth about if they will really be out at the end of 1 month. >> >>If you don't believe them, you must start a real eviction >> >>now. Let them know how detrimental this will be on >> >>their credit rating. (Start with an Urgent late notice)>> >>>>>> >>>>Good luck.>> >>>>>> >>>>Jack>> >>>>>> >> >> It's sad that demonstrating kindness can bring so much problems for one. Hope the legal system holds up in your favor.

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Re: tenant refused to sign lease and isn't paying! by Elliot . on August 29, 2001 @19:18	[ Reply ]

Thanks all for the help and good wishes. Fortunately I was able to resolve the situation. I agreed to take the 2-weeks late rent out of the security deposit and charge them no late fees or penalties -- and wouldn't pursue eviction proceedings -- if they would leave immediately. They did, returned the keys, and signed a paper releasing possession. It's over! But I learned the valuable lessons: Get evrything in writing up front. Never again will I let anyone have even momentary posession without signing a lease, no matter what the circumstances. Also, it's a big mistake to act like you're their friend, or they'll just try to walk all over you (and the law). And know your rights! Then you know exactly what they can and can't get away with. Thanks again! And I plan to use this board frequently :) mary schuchardt on 8/29/101 4:56 PM said: >>Elliot on 8/27/101 4:00 AM said: >> >> >> >>>>Thanks Jack! I do have a rental application from them, >> >> >>>>and their checks deposited in my account. I just got off >> >> >>>>the phone with a lawyer friend, and I'm going to file for >> >> >>>>eviction tomorrow for failure to pay and argue oral >> >> >>>>contract. If the judge says I have no contract with them, >> >> >>>>then I'll padlock the door. I think they will leave on that >> >> >>>>date, but don't want to get screwed on damages. This >> >> >>>>way I can sue them for back rent. And hold the deposit >> >> >>>>(in escrow if necessary) until that is paid. >> >> >>>>>> >> >>>>Reading this board it seems everyone who got >> >> >>>>screwed was like me -- trying to be a nice guy and >> >> >>>>bending over backwards for someone, and had it bite >> >> >>>>them in the butt.>> >> >>>>>> >> >>>>>> >> >>>>>> >> >>>>>> >> >>>>Jack Klein on 8/27/101 3:12 AM said:>> >> >>>>>> >> >>>>>>Elliot,>> >> >>>>>>>> >> >>>>>>What they are doing isn't right obviously, but you don't >> >> >>>>have a signed lease. Do you have anything in writing >> >> >>>>from them? A binder form or copy of the security check >> >> >>>>perhaps? That may help you to prove some sort of >> >> >>>>verbal agrement to sign the lease at least.>> >> >>>>>>>> >> >>>>>>Did you use and LPA rental application (or similar >> >> >>>>one ) when screening them? That could be used as a >> >> >>>>pre rental agreement because it is in effect a contract in >> >> >>>>itself.>> >> >>>>>>>> >> >>>>>>>> >> >>>>>>>> >> >>>>>>It is an unfortunate situation and I think you have to >> >> >>>>use your judgement on if these people are telling the >> >> >>>>truth about if they will really be out at the end of 1 month. >> >> >>>>If you don't believe them, you must start a real eviction >> >> >>>>now. Let them know how detrimental this will be on >> >> >>>>their credit rating. (Start with an Urgent late notice)>> >> >>>>>>>> >> >>>>>>Good luck.>> >> >>>>>>>> >> >>>>>>Jack>> >> >>>>>>>> >> >>>> >> >>>> >> >> >> >>It's sad that demonstrating kindness can bring so much problems for one. Hope the legal system holds up in your favor. >>