TheLPA.com forum postings

our rights

our electric bill for dec., Jan., and Feb. was $900. We told the landlord and he said everyone's was due to the cold. we told him that the unit had ice all around it and that it was not warming the house. we have twins so we had to buy space heaters and keep them downstairs to keep warm. Finally in Feb. he sent someone to check it. without our knowledge he was coming, he was let in the house. Then, come to find out that the unit needed some things replaced. And that if was serviced yearly as it is suppose to be, this wouldn't have happened. Now, he wants the full 850 for dec. jan. and feb. Oh and the stove is burning up. it's a fire waiting to happen. Is he partially responsible at all???

House Repairs

I live in a group house with 3 other people and back in October our back door broke. We couldn't open it at all. One housemate tried to fix it, but we needed a locksmith. Another housemate contacted the landlord who told us to get it fixed (as he was out of town) and that he'd reimburse us when he got back. He gave us a locksmith's number to call, but no one ever answered. My housemate gave me another number to call and urged me to please get the door fixed ASAP. I was asked to call and set up an appointment since I was unemployed and had recently twisted my ankle and was going to be home during the day anyway. I did as she asked and called. The locksmith came over right away, I showed him the door, and he was done within 20 minutes.

He charged me $782 for the job. He had basically replaced and re-keyed the lock. No one had left me with any money and all I had was $60 so I gave him my credit card. I'm not a contractor and I have no idea what things cost, especially emergency services like locksmiths.

It turns out my landlord doesn't want to reimburse me for that amount and wanted me to fix the price problem. I called the locksmith company and they offered to take $200 off the price, but my landlord wants more so he asked me to continue negotiating with them. My credit card company won't do anything. I decided to withhold a few hundred dollars in rent each month until it's paid for, but the landlord finds that unacceptable. He wants me to fight the locksmith company (which, it turns out, goes around overcharging people) and get estimates from other area locksmiths so we can challenge the locksmith's $782 price and get a reimbursement.

I feel like this shouldn't be put on my shoulders. I was nice enough to call the locksmith, wait for him, PAY the cost (and credit card interest) and do some of the dirty work to get some of the money back. It's not even my property! Now my landlord's getting annoyed with me for not getting estimates, but I'm tired of fighting this. Am I obligated to pay him full rent and fitht the locksmirth on my own? Is he responsible for any of this? I want to stay on good terms with my landlord, but feel I'm being taken advantage of in this case.

Contacted by a "Judge Joe" producer

I am not going on, but I can't believe the way they troll for "cases." While I like the idea of going on an all expense paid trip to LA for a few days, I think I have a better chance in front of a real judge. Besides, the appearance fee and per diem are not worth my pride. Just thought I'd share that with you all.

fixing flooding basement. Need ADVICE!

I am needing to fix my basement from flooding (water and sewer come up from the floor drain sometimes.) So, I have the option of paying about $50 for a back-flow valve so no water can come up anymore or $525 total for a new sump pump that will for sure eliminate the problem. The only thing to know is that, I was told, when the water is backing up in the pipes up to the valve, the tenants in the home can't use any water. Is that true? I need help deciding which one to do. I am leaning more towards the pump just to fix it right and get it over with. Advice???

Ask for additional Security Deposit?

I have an applicant that poses a little more risk than normal. I will feel better about approving them if I can collect a little more security from them. Is there anything legally preventing me from doing this based purely upon the fact that they are an increased risk? It's only an increase from 1.5 month's rent to 2 month's rent, which is actually the cap in my state.

thank you

Disgruntled Neighbor

My realtor has my property listed with complete address and I also have it listed with no address on CL. My neighbor is complaining about the increased traffic on the road. My neighbor is a weekender and has not been up here in several weeks. She is even complaining to the police regarding this.

This is a deadend road and people have to go by my house before getting to the rental. They don't even get anywhere near her home which is way past the rental.

I am home 24/7 due to a disability. I don't go out much at all. I have only seen one car come down the road since the listings have gone up. That person turned around at the rental and drove out. He did not stop nor get out of his vehicle.

How do I deal with this neighbor and her constant complaints? She has not been at her weekend house since mid February.

Benefits of Rentals

Hello all,

I am just starting out and have purchased a 4-unit complex that I am fixing up and living in. Currently I have two units rented out and working on the last (living in one).

My question is whether its better to continue growing my investments personally or should I roll everything I have into an LLC? What are the benefits to doing this?

Thanks!

Throwing out the little weasel

i TOLD MY TENANT TO GET OUT BEFORE I THROW HIM OUT. I WAS VERY FIRM AND HE IS SCARED. i TOLD HIM IF HE DOES NOT LEAVE VOLUNTARILY, I MAY LOS MY TEMPER AND BREAK HIS NECK.
HIS MOTHER CALLED AND THREATENED ME THAT I WILL BE ARRESTED IF I THROW HIM OUT. (NOT IF I BREAK HIS NECK)

HE HAS PAID NO RENT IN 2 MONTHS. HE IS NOT WORKING AND NOT EVEN TRYING TO GET A JOB. HE SITS HOME ALL DAY PLAYING VIDEO GAMES.

CAN I GET IN TROUBLE? (FOR THROWING HIM OUT. i KNOW IT WOULD BE ILLEGAL TO BREAK HIS NECK)

Termination agreement signed but tenant not moving

I have a one year lease with a tenant. 7 months after, the tenant decided to leave. we signed termination agreement to vacate the unit at certain date. What if the tenant doesn't move out or returning keys to me? What can I do? I have a new lease lined up to move in.

Thanks.

tile contractor, poor workmanship

this contractor laid tiles for the kitchen+den, the wall-to-wall length of one side is about 28ft, now, the tile at one end is about 2 inches off the other end, so you can see the tiles along the two side walls appear to be wavelike. at first, the contractor blamed the wall not straight, but finally he admitted he made the error. I have no idea what I should ask for, the new tenants are to move in in a week, also, I feel sorry if I ask him to redo the job, I am not sure if this is a poor workmanship that he MUST redo at his cost, I already paid him in full for material and labors. the tiles are not sealed yet, and now he does not answer my calls, what should I do? please help, Thanks!

Question about disputing SD charges

My tenant is disputing charges from his SD deposit. I sent copies of receipts supporting the docs, and most things were signed off on the walk with the tenant. I just got a mediation notice in the mail. I responed to the mediators by email, giving tnem my response, receipts, copy of the signed walk thru and photos supporting my claim. I don't think my tenant will drop this, but what action could they take next? Small claims court? What can I expect?
Thanks

Paint over my new paint?

Would anyone else be offended if during a showing to a prospective tenant they ask you if you would let them re paint after you have just told them you have just finished doing the entire house? By the way I am compulsive to how neat and perfect my paint job is... so it's not how it's been painted and our home has been completely gutted and remodeled so it all looks like new!

Owner's liability for tenant's parking tickets

My tenant has 3 cars parked in front of his unit, on a public street. He rarely moves them & I know they sit for more than 72 hours at a time (which is the legal limit for the city it's in)

Am I laible for any violations caused by this situation? If someone makes a complaint about the cars being parked, will it directed to me or to the tenant? Am I liable for any fines?

Thanks

Shady Property Management

Wow, where do I begin. I'm having issues in my new duplex/townhome I just moved in and Im torn between whether to move or stay. There are an array of issues so here goes...

1. My rental agents/realtor never gave me a copy of my lease. I have been requesting one via email and phone calls but still have yet to recieve one.

2. Upon moving into the apartment it was an absolute mess. There was dust and building supplies everywhere. We threw half of the crap away, but the yard still looks horrible. It is also filled with building supplies and debris. No one has come to get the stuff up even after I have requested so.

3. There is this awful smell in the place. We thought that maybe it was just because no one was living here and it would go away after we thoroughlt cleaned the place... but it has not. It smells like sewer crap upon entering the home. We have been asking for 3 weeks for someone to come and see about the smell and no one has been out yet. They "said" they were going to put lime down under the house but lime will only cover the smell temporarily not actually get rid of the problem. Once again someone is still yet to come out and do anything.

4. Coming into the home there is a foyer and then an entry door into the living area. Well the door has a big hole where a deadbolt should be and there is a huge space from the door to the floor. This is causing problems because its still cold here in Alabama and we are unable to keep the home adequately heated. Not to mention the high power bill we have already recieved.

5. The foyer has three windows. One of the windows is ajar and Im worried that someone may be able to break into my home. As well as the cold air seeping into the home due to the hole in the door and spce under the door.

I am having so many problems too early and I am contemplating moving out. The property management just seem too shady and do not have a sense of urgency to get things done that I need. I was told that I have 30 days after moving in to decide whether or not I would like to live in the apartment without breaking the terms of my lease... is this true? If so will I get my security deposit and first months rent back? Or are these problems small and can be fixed?

Signed Sheridan from Alabama

Center for Renters Rights

I made the decision not to renew my tennants lease. We spoke on the phone and I sent her a written letter that she has 30 days to vacate. In the letter I told her I would send the balance of her securiy deposit to her within 3 weeks of her leaving. I would deduct for any repairs that were needed above the usual wear & tear. Today I was contacted by the CENTER FOR RENTERS RIGHTS that they are going to file a lawsuit against me because I didn't renew her lease and I don't have the right to deduct anything from her security deposit. I thought landlords have the right to terminate for any reason with a 30 day notice. Has anyone dealt with this Center for Renters and why are they so hot to get me?

Painting Security Doors

Am I making mountains out of mole hills?
New tenant moved in 3/1 and is demanding that I paint the security door to the unit. He claimed his security door is rusted and more shabby looking than the others in the building ;(in my opinion it is the same as the other units and there is no rust; it is just discolored aged and not peeling or chipped).
This is an 8-unit building in Santa Monica with each unit door opening towards the outdoors (theres no shared hallway).
I advised tenant that the issue would be addressed and reviewed when renovations are done on the upcoming vacancy (became vacant 3/12).
Tenant has made what seems to be an ultimatum stating that if this isnt done soon then he will use it as a basis as to how things are done here, he basically threatened to become a PITA tenant. He has called me repeatedly and also called my maintenance GC.
I have spent around $ 600 on his unit on maintenance and improvements after he moved in (not his fault) and tenant has confronted me about the painting of the security door to the unit while I was at the unit doing and monitoring these repairs .

The reason for my delay is mainly the painting of the security doors is not easy and the process is detailed and needs to be done correctly or there will be problems down the line; ie sanding primer and painting so it doesnt peel or chip away, not to mention that the screen part has to be done so the screen holes are not filled. I have other issues on my priority list, I don't think it's necessary, and frankly I am annoyed by this tenant.
Comments?

High debt and obligations

Any opinions would be much appreciated. Applicants have approx 100K in revolving debt, not including own home mortgage of just over 100K that they are too scared to rent out. Realistically they could probably pay the minimum payments in bills but don't have much left over at the end of the fortnight. Debt to income is at 49%. Provided they lived frugal lives and didn't have anything go wrong that would cost money then they could afford it.

A red flag for me is when she wanted to know if she could put well water in the pool (which is a no) instead of city water. City Water here is quite cheap but she looked uncomfortable when I told her the cost of average utilities.

We would really appreciate anyone's opinions.
Applicants have debt around 100K in revolving accounts not including their own mortgage of over 100K in a home in another state they are too scared to rent out. Minimum monthly payments rate their debt to income at 49%. Although realistically they could pay the bills it seems too high risk and they don't have much at the end of the week. How do you reject someone where realistically they can pay all the minimums..... provided they are frugal with other expenditures and nothing goes wrong such as them having car maintenance bills and they don't go out for meals or go on shopping sprees.

Thanks!

collecting judgements

I have a few judgements against tenants, but of course none of them have bothered to pay yet. What is the next step if you know where they live, work and bank. Do you have to file something with the court for the wages garnishments?

Need Advice - Screening a Tenant

This is a tough one for me, as I don't have a lot of screening experience. I have a married couple with three young children who have applied to rent my house. Everything looks great based on what I have seen so far. Showed up on time looking nice and in a nice vehicle. Very nice people with well-behaved children. Had no problem giving me the $90 screening fee to cover two adults. Completely filled out the application. Had no problem with me stopping by their existing residence later that day to pick up the completed application. Existing residence looks great inside and out. Gave me 2009 W2s, six months of recent paystubs, copies of utility billing statements, etc. He makes over $70K per year plus bonuses and has been at the same job for 5 years. According to the application, they have no debt other than $1400 per month in a mortgage. I have not yet run all the background checks to confirm.

The problem? They own their current house, which they've had for 5 years. They say they are wanting to sell, but it probably won't happen. The neighborhood, which is a nice neighborhood, has several foreclosures in it. I could see evidence of this. This, according to them, has caused the value of their home to decline by approximately $50K from what they paid 5 years ago. Based on the county tax site and the area sales, I'd say that looks true. They are financed for more than it is worth. They told me that once they get into a new place, they plan to just walk away from the house and cut their losses. Personally, I think this is the wrong thing to do. However, is this a reason to avoid them as renters? The fact that they are willing to walk away from this obligation and ruin their credit bothers me.

They also asked for a $100 per month rent discount if they sign a 2 year lease. Of course I said no to such a steep discount and that was the end of that. Just wondering if that might be another red flag.

Thank you for any constructive advice.

Cleaning fee in Ohio

I was talking with a lawer about cleaning fees and they said Ohio has a law that unit only needs to be "broom swept" by tenant when they leave. Is this correct? Can I not charge for cleaning?

Wells Fargo giving me problems renting, because VA

I have been unemployed for 7 months living in NC. I have found a job in NY and plan on renting my house. Wells Fargo said I couldn't because its a VA loan. I called the VA and they don't care as long as the mortgage is paid.
I filled out a form for WF and waiting for a response. Any advice?
Djmoorej@gmail.com

Don

Debt to income ratio?

We are 1st time landlords about to accept applications and would appreciate if people could share the formula they used when calculating debt to income ratio for a prospective tenant. Also what is the maximum debt to income ratio you allow in order to approve an applicant.

Are you more focused on debt to income or credit scores?

Thanks!

Late Charges

My current leases state that rent is due by the first of each month and considered late after the fifth of the month with a $25 per day late fee. Do I have to...or should I give them a 5 day grace period? I would like the rent to be considered late if received after the first. What does everyone else do? Thanks in advance for your help.

Tattletale tenants

Does anyone else have this problem? I have one tenant who calls me over the smallest issues. For example, he calls me to tell me that another tenant who has a special needs adult son keeps picking up his 2 year old son. Or how he thinks the tenant above him has someone living with him. When he first moved in, him and another tenant argued all the time about parking issues and they would both call me about it. He has had arguments with the other two tenants and is now really getting on my nerves. How do you deal with a pain in the butt tenant like him?!

cleaning of walls

I am kinda of new to being a landlord and just wanted some advise. I had tenants that left and they cleaned the place before they left but I noticed afterwards that some of the walls needed to be scrubed down. Would this have been there responsabilty as part of them cleaning or am I way off line to charge them for cleaning the walls. Thank you for any help you can give me.

too funny

Gotta love voice mail. Instead of leaving a message, the people go to hang up, but didn't. So I get to hear them talking between themselves about how they're interested in this house, got arrested a few days before & had just got out of jail & then they go on about drugs. The whole time they don't know they didn't hang up, LOL.

Late rent, in alabama

Does anyone charge a flat late fee for late rent, and along with that a daily late rate for each day late?

Parents signed lease for son

I have a condo and have 4 college students renting it. One of the students' parents signed the lease for him. The parents are being a huge problem and not allowing us entry into the condo for repairs and maintenance which we listed in the lease to be performed monthly. We give 24 or more hour notice but the parents tell us "no" all the time...that the time is not convenient for them to accompany us into the condo. Is this considered a sub-lease situation since the parents don't live there? How do we "make" them let us in without causing a 'fight'?

Keys

I own a two-family home. My wife and I live on the second floor and our tenant lives on the first floor.

My female tenant gives her boyfriend keys to the front door of the house and apartment. He is not a tenant--and is very unpleasant. He visits frequently. I do not want him to have the keys. Please advise. Many thanks,

landlord' duty/liability to adjacent properties

I own a duplex that is across the street from an apartment complex. I received a notice from the apartment's manager. It basically says that my tenants & their guests are parking in the apartment's parking lot, & throwing their trash in the apartment's garbage enclosure. The apartment's parking lot is clearly marked indicating that parking is for residents only & non-residents' vehicles will be towed (the letter mentions this & emphasizes the towing part)

My question is this: what liabilities/ duties do I have as the owner of the duplex? I've already called both of my tenants & warned them not to park there,dump trash there, or even go onto the apartment complex's property at all. This notice i received from the apartment's manager was via certified mail. Do I need to respond to him? Logic tells me that as long as my property is up to code, & I've provided ample parking (which they have- as well as a place to dispose of their garbage) Whatever the tenant's do is between them & the apartment's manager right? Am I liable for anything? The Apertment manager also complained about the number of cars parked in the duplex- but they're all on my property, in the driveways. Am I legally obligated to make my duplex look picture perfect to the adjacent property owner's liking? (again, it's up to code, only a few years old, yards maintained, nothing broken, etc.) Also, the city the duplexes are in has a 72 hour limit on cars that can be parked on the street- if my tenants violate this, am I liable or the tenant?

I'd greatly appreciate some detailed answers to all of the issues listed above. I'v recently discovered LPA & plan to use & contribute as much as I can!

Thanks all!

New Member and need some advice.

I am a new landlord and an accidental landlord at that.

My most recent tenant has moved out, but they left a fair amount of stuff behind including a dirty mattress, cat litter box full of crap and urine, a huge mound of garbage bags *at least they were in bags* plus other stuff. They also had a puppy which chewed 7 different corners of baseboards, they tried to paint over some holes but got the paint color wrong so I can see a big circle of paint that looks horrible. Place was dirty...blah blah blah.

The worst thing is that the cats pissed in one large corner of my wood floors and it STINKS!!! I looked for the same wood but that has been discontinued. I want to keep the costs within the security deposit so, do I change only the part that is soaked in urine and have a slightly different color of wood, or do I (and can I) change the whole floor in the room? Oh the cats pissed so much in that area that there is even urine that soaked up into the baseboards and in the wall. Oh yeah, and the dog chewed on the kitchen cabinet corner....these are expensive cabinets!! anyway thanks for listening to my rant.

I love animals and accepted them into my rental but WOW.

30 day notice to end lease

Hello, Can I give a 30 day notice in the middle of the month - is it a good idea? I do not want to renew with these tennats and it's not about rent.

They are on a month to month lease.

Applicants previous addresses

Is there a free site to find out an applicants previous address. I used to use Integrascan but they are no longer offering this preliminary pre screening tool.
Thanks, appreciate any tips!

quanity of people in rental

i have a 2 bedroom apartment i rented to a family of 2 parents with 2 children this was 2 years ago since then they had another child and the grandmother moved in!! what is the law in new jersey??? please help!!

CA EVICTION PROCESS PLS HELP

Hello all,

I hope all of you out there can give me good advices. Here is my dilemma. Every month it's so hard for me to collect rent $$ from my tenant. They signed the lease for 8 mos, and now the lease already expired 2 mos. ago. They told me they wanted to stay from month to month. Last month they told me that they will pay on the 10th every month, and I told them it's ok. So this month I waited until 11th and asked them for rent $$. They weren't home, so I left them a note expecting they'll call me regarding past due rent. I waited until the 14th and posted the 3 days notice to pay rent or move out. They called me back couple hours later and told me it's illegal and unethical. I don't have any rights to kick them out of the house according to CA laws. Up to today, they still have not paid. What steps should I do next?? I don't want them as tenant anymore even if this month they pay me rent. The total time they stay @ my property up to today date is 10 mos. Please advice

Pets / ALABAMA

Can I decline a tenant because the tenant has a vicious dog? This is a single family residence.

Can I sell my house?

I have a tenant under a two year contract and need to sell the house. They have only been in the property for 8 months and our financial state puts us in a place where we have to sell? Do I have to honor that contract? Do I have to pay her out?

Squatters in property

Hello - Maybe you can help. I have a report that squatters have moved in to our duplex.

I am going to write to them using recorded mail delivery but is there anyone out there who can point me in the right direction of what forms to use. I would really prefer to ask them to stay and follow a rental agreement, but I am probably dreaming on clouds.

I have been told I need to send them a 7-Day Notice of Non Payment - is there any forms and/or letter templates I can use in order to carry this out.

Thanks for any help or light you can shed.

Cheers, Brenda Evans

Illegal Basement Apt.!!

Hello its just a quick question on how to go about to evict my tenant from my basement apt.I have more than one reason,it stems from no smoking rule to cigarettes,weed,insufficient funds to cash the rent check,no pet rule to an agreement that she abused.We are tired of this situation,even though we need the income.Please advised ,Thank you.

Smoke detector question

Who usually changes the batteries in smoke detectors?

broken window

my tenant locked his keys in house, so, he broke the window to get in instead of calling me to let him in. I live 1/2 block away.

He says he will fix it in 2 weeks when he gets paid. Should I wait or should i have it repaired NOW and add on the cost to his rent?

I dont like the idea of no window for 14 days.

Whats the best way to handle this? thank you.

When does a tenant abandon his property

I have a tenant who was suppose to move out by the 1st of Mar 2010, I gave him until the 5th of Mar.He still didnt get all his property out. I gace him until the 21st.When will his property be considered abandoned???

Landlord Refuses To Write Up a Dangerous Tenant

Hi, I live in a section 8 housing project. A tenant in this apartment complex has been threatening other tenants, been getting into fights, and scaring some females here. I've asked the landlord to please write him up and warn him to cease this behavior or face eviction before someone really gets hurt. But they have failed to do anything. Isn't a landlord responsible for the safety of his or her tenants and could the landlord be legally liable if they refuse to address this issue and the violent tenant in time hurts someone? Last night the individual beat up a friend in his apartment and bragged about it. Thanks, Larry

No Landlord References

If you have an applicant who has no landlord references, but everything else looks stellar, are you willing to risk approving them? I have a couple who so far look ideal, but because they've been homeowners for years have not rented recently. Let's *assume* I cannot get landlord references from before they were homeowners.

thank you

small hole in wall

I used wallpaper in the bottom portion of the rental and when the renter was moving out they accidentaly put a small hole in the wall. They advised they would have fixed the hole but I do not have extra wallpaper that I used. Trying to decide what a good rate would be to fix the hole and what to do about the wallpaper issue. I was think about taking $50 off the SD. Should I take a smaller portion off the SD due to me not having the extra wallpaper? I think it was a bad idea for the wallpaper now and should just stink to paint from now on. Other than the hole everyting else was clean and nothing else was ruined in the rental.

Can a landlord tow a vehicle

Can a landlord tow a vehicle which is backed up to your door from unloading groceries??? The vehicle is parked and registered and tagged within the laws of the city of Albuquerque, New Mexico and the mobile home park. The vehicle is used on a daily basis. The landlord towed the vehicle after leaving a large sticky patch on the windshield, Stating illegally parked vehicle please move. In the lease there is not revisions pertaining to towing vehicles. The landlord would not inform tenant of tow company or where vehicle was.

Tenants showing the house

I have heard of people on this site having their tenants help show the place but I'm not sure how to do this... They are needing to get out of their lease and have agreed to pay rent until we find someone else, show the house and advertise etc... but I want to meet the potential applicants and not sure how to work this out? I guess they must have put up a sign or something because I got a phone call yesterday. That made me nervous as I know that they have not finished moving out and they told me they didn't want to show the house until they were totally moved out and had everything clean etc... What kind of advice can you give me? I don't know what to say to them now...

how to file tax return for court judgment?

can you and how do you file tax return for the court judgment (>$4,000) you may not able to recover?

Landlord wants to break lease

I am not a landlord. In fact, I am a tenant that has a 2yr lease in Pennsylvania. My landlord after only 4mo into the lease says he wants us out so he can sell it because of financial hardship. We told him we didn't want to leave and he said he would let the house foreclose if we didn't. I know legally he can not evict us without good cause, but I really wanted to go home to Florida so we agreed to move at his request. Now he is saying he is going to keep our security deposit. He is the one that is breaking the lease. We had no intention on leaving until the lease was over. What are my legal rights when its the landlord at fault?