Question - Landlord Forum thread

Question by KC (NY) on August 9, 2012 @11:46

I have a tenant on the 1st stated he will be paying on the 3rd rent for this month. On the 3rd he called and claimed his check was not as much as he hoped and short. He requested three days to borrow funds. He was sent a 3 day pay or quit at this point by text, email and snail mail. Monday he claimed he did not have the money but was working on it, will be in touch by 7pm. At 7:30 he began sending numerous of texts about repairs needed to be done and how he does not have funds and why should he pay if repairs are needed to the home. This keep in mind is 6 days after rent is due. We wound up agreeing by text that he will pay what ever he can by the 7th and the remainder Friday off his check. This was then orally comfirmed.
The 7th came around and he blew me off all day. I filed the petition and served him yesterday.
Yesterday he had notified me I no longer can contact him or he will sue for harrassment. He also called the building inspector for a walk threw.

Now may I ask as a landlord am I in my rights? I have a signed lease to which states repairs must be made in writing. We made three dates to meet for rent for him blowing me off everytime. The 8th (8 days after due date) he calls the inspector.

I have court on Tuesday and just need to have all the facts straight to present.

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Re: Question by Micah on August 9, 2012 @11:52	[ Reply ]

Send the eviction ramifications letter. How did you get a court date so quickly?!?!? Where I am it takes 6 week minimum after the tenant has been served (which can take weeks to get that paperwork all done).

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Re: Question by NY-LL on August 9, 2012 @12:20	[ Reply ]

The primary obligation of the landlord is to be responsible for the maintenance of the premises, regardless of the disposition of the tenant. The tenant is legally obligated to allow entry for maintenance and repairs in emergencies and with a twenty-four (24) hour advance written notice of entry by the property owner. The landlord should enter the premises and note and photograph any current repair conditions needed in order to restore the premises. This tenant will likely continue to damage the premises in order to stall the eviction proceedings. The landlord should continue with the eviction proceedings due to the non-payment of rent. The court should be provided with photographs of the recent repaired damages and, trustfully, landlord has a move-in inspection report signed by tenant to show the court as evidence of the tenant’s disingenuous maintenance of the premises and unreasonable justification for non-payment of rent. The landlord will need to show the court evidence of a good faith effort to repair any damages noted or reported by the tenant, otherwise, the eviction proceedings will be either delayed or denied. In order to expedite the eviction proceedings, the landlord will need to show evidence of non-payment of rent and no justification for the non-payment by the tenant, therefore, the repairs complained about by the tenant must be complete before the court date -- bring photographs of the repairs to court as proof.

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Re: Question by Jake on August 9, 2012 @12:50	[ Reply ]

Next time you should require that maintenance request must be by certified mail. Your response should be by the same. Be sure to keep copies. It would be a good idea not to ever communicate by email or by text. When you say you have a court date. Are you saying it is for an eviction?

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Re: Question by OK-LL on August 9, 2012 @17:34	[ Reply ]

I suspect the judge will determine that service of your original 3-day notice was insufficient. Text and email are not recognized forms of service. Typically, LL has to personally deliver or post on the tenant's door, in addition to mailing in a manner that provides proof of mailing. If the judge lets this pass, the only question is going to be, did the tenant pay the rent? Answer is no. LL wins. Any discussion about the repairs, etc., is moot. Tenant did not follow the law related to repair & withhold rent. Good luck.

Re: Question

Re: Question Update by KC (NY) on August 9, 2012 @20:02	[ Reply ]

A friend of mine is renting out her home and well my lovely tenant responded to her ad. So they intend to move by the 1st. So that answers that. They obviously never intended to pay rent, just planned to buy time til they can find a place to go to by end of month. So glad I filed that petition now. She is going to forward the response for me to show the judge. Tenants are unbelievable. I am selling the dump... I am done.