Question - Landlord Forum thread

Question by Angel (NY) on February 5, 2012 @13:20

I just rented out my second home. The tenants were under the understanding until the security is paid they were not to move in. I was to meet them the 2nd for security so that they can move in with something in writing that rent will be paid within a week. Well 2nd came and went. Then yesterday I was to meet them and again something came up on their end. Now this morning we were to again at 11am and still something again came up on their end. In the meantime I learned they did move in.
I live an hour away so I just learned this.
Since they were not to move in until security was paid, do I have to do the 3 day pay or quit? Can I just go to eviction court? They have no rights to live there and I did not know they had.
The back door does not lock, they had utilities turned on in their name and the gas company here has to have access to the home. This is how they moved in.

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Re: Question by Anonymous on February 5, 2012 @13:36	[ Reply ]

Lesson learned... do NOT turn over the keys until the security is paid. I think you have to issue the Pay or Quit, but I'm not sure-but I know someone will know for sure and post here! These tenants look like trouble. Did they sign a lease or rental agreement? You may want them OUT asap

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Re: Question by Katiekate (New York) on February 5, 2012 @14:55	[ Reply ]

You gave them keys? You didn't have the full SD paid. You didn't even have the 1st month rent paid. You gave them keys? What did you think was going to happen? Yes, now you have to go thru an eviction Post a 3 day pay or quit (be sure to list 100% of ALL money owed to you). ..might be 5 day or 7 day...depends where the house is. Once that time has passed without money..Next go file for eviction with the court house. Then, go to court in about 2 - 3 weeks... go to court.. then get the marshal or sheriff to evict. Altogether it will take you about a month. So.. you really lose 2 months of rent plus the cost of eviction. Sorry, this is a tough way to learn this lesson: get 100% of the deposit first before you agree to rent to them. Make sure it is written as a reservation deposit..they don't move in..they don't get their money back. get 100% of the first month rent..before move in. get the utilities bill in their name...before move in. THEN, sign a lease and give them keys.

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Re: Question by Katiekate (New York) on February 5, 2012 @15:10	[ Reply ]

OK.. I just read that your place has an exterior door that does not lock. wow. You do realize that is a breach of the 'warrant of habitability'...you have to provide exterior doors that are secure. have to. Still..you are stuck with going to a full blown eviction. FIX THE DOOR. PS..just curious..how were you thinking of keeping vandals out?

Re: Question by Jack Klein (NY) on February 5, 2012 @15:15	[ Reply ]

CAll the police. They did not legally enter the home if you did not give them the keys. You may get lucky. You also learned some lessons I hope.

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Re: Question by Fred (MN) on February 5, 2012 @15:35	[ Reply ]

Call the Sheriff or police and have them arrested. For God's sakes man, they are living in your house illegally. They never signed a lease, you never gave them keys, and hyou sure as hell never gave them permission. What they are doing is no different than you walking across the street and inviting yourself into your neighbors to live without their permission.

Re: Question by Angel (NY) on February 5, 2012 @17:57	[ Reply ]

Oh my head hurts... He now told me his son has liver disease which is why he is no longer available today. We agreed to full security before move in and something in writing stating that they would pay rent within a week as well as fixing the door because we gave them that week to pay. Well he cancelled every time we were to meet (three different dates). I just found out today that they did in fact move in. Now he says he is in the hospital with his kid, has the money in his ocket to pay and will. He said he spoke to a laywer and if I make him move out he has the right to request his deposit and expenses back from me. He gave a $200 non refundable deposit to hold the house. The utilities are all in their name. I just wrote a letter to him, told him I re-arranged my life on three different days to accomodate his schedule to him cancelling every time. I am done and going to the courts tomorrow to find out my rights since he legally violated our terms about moving in prior to security being paid as our aggreement was. He has a wife and has family and friends, he could of stopped for a stamp and mailed the payment, but he did nothing but cancelled over and over. He violated our terms not me. I am ditching the house. I cant do this anymore.

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Update by Angel (NY) on February 6, 2012 @09:47	[ Reply ]

I spoke to a lawyer this morning. I was told I have to do a 3 day pay or vacate letter because we are in a binding contract since the date they signed it. They can not legally get out of paying because they did not provide a 30 day vacate letter (month to month) but I have the right to take to court in non-payment. I was told him threatening me to have payment back for all he did to the house is called retailization and legally he can not. In fact I have a text to which he stated he was not seeking any funds back. But when I said I am done, we will go to court to have them out he said he wanted all the money he invested back. I am not the one who breached our contract, he is. We had a agreement until security was paid he was not to move in. I made myself available on three days to meet him for payment to him cancelling each time. He is in breach, not me. Now if I was in breach it would be different. So I already served the 3 day pay or quit. It is mounted on the door. I even specifically stated I will not allow him to make a appt to cancel requesting to re-make after the 3 days. Money in my hands by Wed or we go to court next week. No more excuses or games. I am done with tenants, I am selling the house or something, I just dont want to do this any more. Too much stress. But I have done nothing wrong, he violated our agreement, it is now the 6th and no rent or security, and now ignoring all my calls I make to him which is another violation of our lease. So just wait and see what happens by Wed

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