TheLPA.com forum postings

weird incident

A semi difficult once previously late and witholding rent tenant was late on her rent. I sent ten day demand with eviction threat. On 5/12/08 her rent shows up at a neighbors house and she returns it to me(my neighbor). I call to let her know and explain, she leaves a message that she stopped payment on the check but makes no say of replacing the check or paying and demands I return the check with proof of the letter going to the neighbor. I call to say I will return a copy of the check when she lets me know the plans for her rent, if no rent by notice date I still evict. Instead of just being reasonable and offering a new check for pickup or mailing she makes no mention of paying the rent. What you think grasshopper?

Month to Month (KY)

Hello,

On a month to month lease does the tenant need to sign a renewal every month?, how do you handle this is there anything special requirements?

Thanks

Deadbeat Tenants

I had some tenants evicted last year and am having trouble finding them to get garnishment prcedures started. Does anyone know if it's legal to place and ad in the paper (personals section I guess) asking for information on their whereabouts? I wouldn't use the full first names of course.

Sending a letter demanding rent payment

In my state, NC, it is required that you give notice demanding unpaid rent and then have to wait 10 days to file for an eviction. I was wondering if I have to send something certified, or if an email would constitute notice of demand? Just trying to get this done ASAP.

Thanks for any help, I have got a REAL doozy of what you all call a "Professional Tenant" on my hands... he is even trying to forcibly keep me and my husband from entering the house to show it as well as posting things of Craigslist after we post our ad to rent the house.

I will probably post again with other things, if nothing else it will give comfort to some and a good laugh to others!

lunatic sue crazy tenant

In August 2007 I met the loveliest little lady who was on disability and seeking to rent a house from me in North Carolina. I usually go with my gut and although I felt like she was anal I did not have any clue she was the thing she turned out to be. In February I called to see how things were at the property and she mentioned some noise from the AC system and some black residue coming from the vents. I asked if the heat/cold worked and she said it did and explained that I too had seen the residue and had cleaned this dust from the vents. I had the AC system checked before she moved in so I told her that I would get someone to recheck when I could. In March she withheld a portion of the rent to get the AC system checked. I called and explained that I do not take partial rent payments and that I needed my rent and that the maintenence call was a courtesy call and not required. She insisted the AC system should be replaced because of noise and mold contamination, she insisted that the air quality in the house was substandard due to this system and told me that she had contacted the health department and that they were concerned with the situation and her and her neighbors safety.I asked who she had spoken with and contacted the health department myself and discovered that it was a sham, they do not involve themselves in such things and recommended that she stop smoking in the house to start improving the air quality. I suggested this in a subsequent letter, that she smoke outside ot quit for the sake of her air quality. After sending a ten day demand with eviction threat the AC guy came and gave the system a positive review, with no evidence of mold infestation(EPA guidelines state that this is first area of inspection by certified AC specialist.) The letter also stated that I would not pay for unnecessary maintenance. She then told me that the vents needed cleaning in the house as there was mold in them, I agreed to have the vents cleaned if she paid half of the fee and agreed to smoke outside. Note she has already violated the lease by withholding rent. Here comes May and I get no rent again and she is argumentative, insisting she mailed it when I go to the house on the 6th day of the month after calling numerous times and calling her adult son, a permitted occupant at work to find out what was going on. I sent the demand letter on the 6th with eviction warning and she is still giving me a hard time. She now claims that I violated her rights by contacting her son while trying to get the rent. I plan to evict now regardless now that I have multiple violations, turns out she has been harassing landlords prior to me as I discovered the last one called her SUE HOUND and said she thought she was above the law. Any advice would be great. I have followed all the requirements of me as a landlord and it is she who has violated the laws of the state and lease multiple times.

Overnight Guests

My roommate has informed me that she will have her boyfriend stay over every now and then. We've had this discussion many times and I'm not comfortable with a someone I don't know staying the night. Can I call the police to have him removed if he stays? Can I ask they they do a background check? Suppose she gets married, can she just move him in? What to do?

Invitees

My landlord wants me to have every visitor sign in at the door. And, If an visitor refuses to sign in.....I am on grounds for termination. No, this is not only for people who stay the night, but ALL who visit me (even if a five minute visit)!
Is this legal?!

when to charge the late fee

When is the best time to charge a late fee?

The rent is due in the first, so does that mean on the 2nd I can charge a late fee?

Mother's Day

Often mothers are not thanked for the job they do - for the extra work, the sacrifices, the devotion they have to their children. Likewise, landlords are hardly ever thanked for the work that they do. So I'd like to extend a special thank you to all of those landlords who happen to be mothers. Those of you who take on the double duty of both jobs deserve to be recognized! Have a great day!

Lock Out ( N.J.)

I was successfull in having a court officer lock out a tenant in N.J. The officer gave them 5 min. to take what they wanted and make arrangements to get the rest of their stuff at a later time.

I've called and left messeges to set a time, but the tenant has not gotten back to me. Its been 6 days.

How long do I have to wait to throw everything in the dumpster. Or is there another procedure I must go through in N.J.
Thanks, E.J.

Questions - first time landloard

I am considering renting the condo I have lived in (Westchester, NY) for the past 6 years. This will be my first experience as a landlord and that I hope someone can help me answer.

I have an offer from a prospective tenant for a 2 year lease (+$100 rent for year 2) with an option for a third year. That seems like a good deal if the tenant turns out to be a good one, but what if hes not? Is a 2 year lease advisable? What sort of conditions can I put in the lease to give me a way out if they guy trashes the place? How long does it take to evict someone if they violate lease terms, but pay on time?

I am pretty sure I do not want to agree to the optional third year. If I sell before year 3 (not sure if I want to hold long term at this point), I can avoid some pretty substantial capital gains (will have lived here for 2 of last 5 years). Basically, I do not see an advantage for me if I agree to a third year option. Am I missing something?

What kind of liability insurance do I need?

Who is responsible for testing smoke detectors and replacing batteries?

If I depreciate the property, and then sell before year 3, is my cost basis w/ regard to capital gains the price I originally paid or the depreciated value?

landlord didn't keep oral agreement...

I wanted to rent a section o a strip mall that I had to finish the building before moving in (it was new) The landlord said would cost me around 11,000. I signed a five year lease. When I got my estimate in, though, it came in at $40,000. I stopped payment on my deposit check and he asked me if I wanted the space, if not he would tear up the contract. I said no. Four months later I got served legal papers, he's sueing me for the five year contract....$100,000. Any thoughts?

Windsor CT Fire inspection

Today the house that I aquired 12/07 was inspected. This house has been owned by my family since the 1950s.
These are his requests:

Install a sprinker system in the cellar.
Board up the closets the front stairway. These closets are built into the walls, not free standing units. Get 1 hour fire proof doors with self closing mechanisms.

I feel that this 3 family house is being judged as a industrial building business.
Only houses with 3 or more units are inspected. They should be done annually be the Town cannot keep up.

Any advise about there?

Driveway rights

My name is Sheneika. I live in Connecticut. My question is...Does my landlord have the right to tell me to park in the street? The driveway is on my side of the house and we came to an agreement that she will park on the right and i will park on the left. Thats what i have been doing at all times her in the other hand parks in the middle where i am not able to put my car in the driveway when i ask her to move it she will wait about 20 minutes before she moves it. She has said that she doesnt have to let me park in the driveway that by law she has the right to charge rent for the driveway. Is this true?

Can he do this legally?

I have been on a month to month basis in a four-plex and just received notice that I must sign a one year lease, my rent is increased and the landlord is demanding the rent be paid at his address no later than 5 PM on the due date. I just found out that one of the tenants had signed a one year leas when she moved in about three months ago. Her rental is lower than what we are asked to pay and she has five days to pay the rent. Is there any law in the landlord protection act or other statutes that prevents this discriminatory practice?

Thank you

tenant destroyed water source after service of 3 d

My tenant removed the well pump from the well after being served with a 3 day notice to quit. The Tenant is now refusing to leave but has no water. Can I have the county red tag the residence for being unhealthy or unsafe living conditions and if so, what does that do?

How to collect on a judgment

After you have received a judgement from the courts, how can you collect what's owed you when the defendent (ex tenant) has left you with defaulted utility bills and damages? We followed the legal route but we're being bombarded and harassed for the charges that the tenant made. The courts did nothing but journalized a court entry and found in our favor. They don't make the defendant pay. Can we someway attach a lien onto their future tax returns like government agencies do?

Land vs. House

Does anyone know if there are differences in the rental world between renting land or an actual house etc.? I am fixing to visit my land today, after serving the tenant of my raw land a 3 day notice to quit. I really don't understand how to secure the property once she has vacated. I live too far away to babysit her junk because she abandoned it. I am sure the neighborhood will begin looting today and I don't want to be at fault for it. It is a high crime area with most of the crime coming from my tenant's family/friends. How do I protect myself? If I lock the land, the tenant can't come back to remove the items, if I don't, the items are unsafe. If the tenant complies with the 3 day notice to quit, (her trailer has been towed away and utilities shut off), can I assume all left is trash or is it another 15 days now?

3 day notice to quit

I have been renting an AS-IS piece of property to a woman with a self sufficiant trailer. She signed a Drug Free Housing Addendum along with her rental agreement when she moved in. She clearly violated the Drug Free Housing Addendum (having illegal activities and harboring a Felony Fugitive which was arrested on the property in question). When this information was brought to me, I served her with a 3 day notice to quit for violation of this addendum. If her trailer is gone but there are other abandoned items on property, what can I do about serving a belief of abandonment? The civil code states that I need to wait 14 days before I serve her with a 15 day notice of abandonment. She has not paid rent for the month. Should this 14 day period start from the day that rent was due and not paid or can I start a 15 day notice of abandonment beginning the day that I found her trailer to be gone? I can't find anything about the renting of land as opposed to a house or apartment. Also, if the personal property is deemed to be less than $300, can I just begin removing it today (without having to wait?). Last question. Since this is raw land out in the woods, I have no way to secure the property. What are my rights in protecting myself from being responsible for theft or vandalism to such items prior to my (or the tenant) removing them?

giving notice via text message

My tenant gave me notice via text message. Is this a viable way or do I have to have a written notice? He hasn't found somewhere new yet so refuses to give notice. I already have someone new who would like to rent the house. These tenants have done major damage and it will take weeks to get it cleaned and repaired so I need them out. If I send a certified letter for them to move does it have to be 30 days from when I send it or can it be for the June 1st deadline (2 weeks) that he put in his text message. My lease does allow me to give them 30 days notice if necessary just as they can give me 30 days notice as well. Thanks!

Dog in property

The lease I have with my tenant expires at the end of this month. I dropped off a copy of a new lease with her on May 1st. She wanted time to review the lease. I had her sign a document acknowledging that if a new lease was not signed by all parties by May 15th, she is required to vacate the property by June 1st.

Today I dropped off a modified lease (she wanted wording that she is not responsible for turning the sprinkler system off or flushing it). And a dog came to the door. The second item on our current lease states No pets or animals are allowed to be kept in or about the Premises.

I asked her about the dog and she said that it was just visiting with her friend. I asked if the blue car in front of the house belonged to her friend. She said yes. Ive seen that car parked in front of the house at all hours of the day, almost every time I drive by, which is several times a week.

Item 15 of the current lease states that besides the tenant and her minor children, No other adult shall reside in the premises without written consent of the Landlord. She denied that the friend lived with her and got angry at me for suggesting otherwise.

My questions are:

1) Can I legally tell her to leave by June 1st?
2) Can I keep any part of her deposit for violating the lease?

Screening question

Greetings!!

New landlord in Colorado here and I'm wondering if there is a consensus on which credit reporting/tenant screening service listed on thelpa.com is your favorite?

I'm leaning toward the Clear Screening but wanted to get any input from your experiences. I will be advertising the rental soon and want to get this set up and ready to roll before hand.

I am new to this community and look forward to learning from you and contributing as I can.

Thanks!!!

Security Deposit

Tenants of month to month lease, after being at the property for 2 months they give a notice to vacate verbally, after 7 days they move out. I agreed to some refund if I'll rerent the property soon not knowing the extensive damage they have caused. The major damage was a installed a door in a firewall ( between the garage and living room) without permission, not the right size or the correct width of the door) The repair damages are $1400. his deposit $ 2500. I feel I'm not obligated to refund him any money, he broke the lease anyway.Please help

trying to evict - need help

I leased my house to the most troublesome people..All my fault...I did not check them out...They are
Gypsies..10-12 living inside...He promised to change carpet, paint the house, etc etc ...did nothing and gave no money...I went to court, judge gave me possession and set a $5220 bond for appeal...Lo and behold, he appealed through a lawyer that he is an 'Indigent' and has no bank accounts and money,car or anything...The court accepted the appeal ad now I have hearing in another court...I am sooooo tense from this situatiion...Can u please give me some advise urgently what to tell the next judge ...Also, Can the judge let him live in my house against my will if he is just a poor man?
Thanks so much

Owner being foreclosed on

I am a property manager and this is a first!
We currently manage 13 rental properties for one of our owners and upon showing one of the 3 vacant ones, we found that the locks had been changed and there were stickers all over the door. We then checked the other 2 vacant units- same thing.
Now the owner has told us that he has 'worked something out' with the mortgage company and that we should 'feel comfortable renting his remaining 3'. In fact, the owner is about to close on 2 more properties.
If we place tenants in these units, and the same thing happens again, where do we stand as a property management company? I understand the market is pretty bad and there are a lot of foreclosures going on but we have to protect ourselves as well.
Any advice would be appreciated.

Buying a condo that has a tenant

I am buying a condo to be used as my primary residence. There is currently a tenant in the home. Do I have any rights? Or, do I have to wait until they leave? Am I obligated to honor a lease if they have one? I don't want to be a landlord. I just want a place of my own to live in.

Late rents

What can I do about tenants who pay late. Sometimes I do not know if the rent will ever come. 2 times I had to pay an attorney and then the tenants paid the back rent but not my legal expense.
What can I do ???

BTW - this site is great. Thank you.

tenants, foreclosure & liability question

Hello,
I rented a house to a family to help me with mortgage payment cause I live with my wife and having 2 mortgages is difficult. My tenants are always delayed on their payments and i'm having a hard time paying for 2 houses and i lost my job. so i stop paying for the rentals mortgages and decided to foreclose it but my renter is still living in the property and still paying in late with the rent. can my tenants sue me when the time comes? what should i do if that happens? Please advice.

help! A/C difficulties, whose responsibility?

Hello,

I am looking for some advice. I used the LPA lease which clearly states that the AC is the tenants responsibility. Yet I failed to include a move-in inventory checklist when they first rented. They noted that(the missing form) on the lease but did not list anything or let me know anything was off at the time. I do not know when the AC stopped working as I've never had complaints before and as I've worked with them previously to fix things even when they were responsible for them, I feel like I've had enough. But am I liable?
Here is an excerpt of my tenants last email to me:

"When we moved in, we assumed that the central air and heat was working properly-- if you say we agreed to rent the property "as is"-- we shouldn't be responsible for maintenance required previous to October
31, 2007. YOU are responsible for making sure that everything is working before we move in.

We have only used the central air twice this year-- it should not require a cleaning OR maintencance if it were working properly/clean when we moved in. I'm pretty sure that legally you cannot rent property without a fully functioning heating/cooling system. Can you please provide proof that you can legally rent property without such
systems?"

Advice please!

Liability

I own a condo, there is a HOA responsible for the outside area. My tenant fell on the lawn and broke her arm while she was outside on the lawn. Is it possible I will have liability even though it happened outside my unit or is it the HOA's responsibility if anyones. Thank You.

College student moved out 2 months early

One of my tenenants in my rental, college condo, got in a fight with her roomates and moved out 2 months early? Says she won't pay, we have no lease. We had a lease for the previous year but shame on us we didn't have her resign it. My question is since she said we don't have a signed lease can I change the locks and tell her that if she comes on the property I'll have her arrested for treaspassing?

guest cancellation for vacation rental

we are a vacation rental company in Hawaii and have a guest that booked 3 units and 6 weeks later he decided to cancel. We have a written contract stating our refund policy which states that a $200. deposit is withheld unless the guest re-books for a future time. He did not rebook and now has challanged the withholding on his credit card. We sent him the rental contract and explained it verbally, however, he never signed and returned the paper copy.

What is the law with regards to refunding his deposit?

Landlords right to show property for resale

My rental property is in New Jersey,
The lease states that the tenant agrees to make the place accessible for showings for the purpose of sale and re-rental but one of my tenants is keeping the door locked thus not allowing prospective buyers to enter see that room. what are my rights as a landlord and what can i do in this situation. Thank you for your input in advance!

Apartment Appliances

Is it customary in the State of Arkansas to have landlord be responsible for supplying stoves/ovens & refrigerators?

I'm from California and landlords are typically not responsible for the applicances. In Texas, in appears landlord customarily suppliy the appliances.

Please specify if customary or legally.

Thanks.

Squatter?

When I viewed a 4-unit a couple months ago with the intention of purchasing it, I was given all the info on the current tenants. I'm closing escrow today and yesterday my property manager made a final viewing. She found out that sometime in the last couple months one of the tenants moved out and gave the keys to another gentleman who is now living there and paying the rent.

Do all the same eviction rules apply? Or is he trespassing? The original tenant was 3 months into a 12 month lease.

Tenants moving out...owe me rent...

I've got tenants who have lived in our rental for 3 years. Always paid on time. In April, they put a stop payment on a check and said they're checking account information had been stolen and someone got access to their funds. I gave them until the end of the month to pay me. May rolls around and no check for last month and no check for this month. I call several days in a row and no response. When I finally leave a message that I'm going to have to start eviction process, they call back and say they sent me a 30 day notice that they're moving out June 1st. That's fine.

My question is: I know they've taken care of the place...so they're deposit will cover their May rent but they still owe me for April. What steps should I take to recover this April payment if they are not forthcoming in paying it? Should I file a small claims BEFORE they move out? Otherwise who knows if I'll ever find them again.

Thoughts?

Eviction/Lease termination for a TAW

I have/had a tenant at will. He was disabled in a work related accident and has had all sorts of administrative problems getting disability. I waited for a year (he paid no rent) then advised I could not wait any longer. I gave him a 45 day notice that I was terminating his lease and he was expected to be out by April 1. He told me in April he was trying to find a place to go, but I told him if he was unable to make arrangements by MAY 1 I would begin the eviction process. I have the necessary Notice to Quit form for MA. There are language differences for a TAW and a leased tenant.It is considered a deceptive practive to use the TAW language with a tenant who is not a TAW. At this point, since his tenancy at will was terminated, there is no lease at all. Am I required to do the Notice to quit with tenancy at will language?

First Time Landlord

Here we go then, we've just put a contract on a new house and have decided (in this economy) not to sell our current house, but to rent it out. So where do I start? We've had a few people to view the property but as yet, no applications. What should I be concerned about? All advice, opinions, comments and suggestions are welcome. Share the wealth!

Judges

I Used to belong to a NY state group and it was great until they had a power struggle within their own group and then they folded up. Landlords needs this type of group. The problem here in Oneida NY , where I live, is that the judge that does all of the evictions is not very good at all and told me once, " I hate Landlords" I was sueing a tenant for $800. and when I went the court I owed her $800. There were attorneys in the audience that were dumb founded by that decisions and told me to appeal it, but that would have cost me $1500. just to get the case in county court. The legal system here is very bad and nothing can be done about it. This judge told me that he will only evict a tenant if they owe money and no other reason. breaking a lease by a tenant is not grounds for an eviction here, and if a tenant is on a 1 year lease this judge will not evict for any reason, even if they are destroying the building, evn the police will not stop them because they say they are trenting the place and can do what ever they want to there. Do you have any ways of solving these types of problems for the landlords here. One college town nearby holds the landlords liable is a tenant has drugs or comitts a crime, the landlord can go to jail for this. how dumb is this??? New York State needs help !!!!

small claims court appeal to district court

When would I decide to appeal a small claims court decision concerning non-payment of one month's rent and take it to district court? Thankyou

window coverings - landlord obligations

Need advice...my apartment has never had window coverings because of the beautiful view and my tenant is asking for coverings in the bedrooms. I understand she wants to cover the windows due to sunlight issues but neighbor issues is not really a problem. Blinds are too expensive. What are my obligations as a landlord - do I have to put window coverings? Can i put rods and tell the tenant to purchase drapes / curtains? and how would I word it? please advice I am in great need of good advice!!!!

Can I collect the balance?

If I lease my rental for 12 months & the client must leave after 6 months due to job re-location, are they bound by the lease to pay for the entire 12 months or should I have a seperate rule enclosed to explain that they are liable for the full 12 months of rent?

Is their a specific form for this?

Should the un-used rent be asked for in full when they leave or can they send monthly payments from their new home? Also, would I be allowed the rent to someone else or do I have to wait until their lease term has ended?

thank you -

Xavier in Pennsylvania

Apartment Complex

Took over an apartment complex in April. 2 of current 14 tenants have signed leases with us.

Although some of those 12 have paid rent to us without a signed lease.

Can you evict someone who pays rent but doesn't have a lease to live there?

Apparently they have never signed a lease with the previous owner.

Thanks!

Can a boy and girl share a bedroom in CO

Do you know or can you tell me where to look for the answer to the question:

Can a boy and girl share a bedroom in the state of Colorado?

Thank you.

No rental agreement

I'm renting my home garage for the past six months my teenant has been giving me headache with the rent. She is one month behind and since January she has been late with her rent.

I made the big mistake to rent it with out a rental agreement.

I don't know what do to? It's already the 5th and no rent has been paid, plus she still owes me last rent.

Please advice...thank you

LLC and evictions question

In some states if one owns property in an LLC an eviction must be handled by an attorney, rather than the LLC owner. With a sole proprietorship it is different, of course, and the property owner can handle the eviction without an attorney.

Does anyone know the specific law for North Carolina regarding LLCs and evictions?

Thanks in advance!

Mark

Rent Increase

I have had tennant in my rental apartment for just under a year. The contract is up on May 12th and I know she will renew. Over the past few months I have noticed the presence of her boyfriend more and more. I have found out that he has moved out of his apartment and is now living with her. When the agreement was first written up it was for one person at $600 per month (975 sq.ft.). We pay for the heat (oil) and the water bill. I want to raise the rent to $750. Should I have his name on the lease and how should I confront her with this boyfriend issue?

Neighborhood Concerns

My properties are in what I like to call "marginal neighborhoods". They are not completely dead but they are on the edge. The problem is that there are a lot of young people who are on the street all day which gives the impression that there is some kind of danger in the immediate vicinity although the crime rate is below the norm. I want to rent these houses to desirable tenants but this perception is scaring away potential clients. Has anyone had this kind of challenge and how did you deal with it? Your input, good or bad, would be invaluable to me. Thank you!

renter in my home

I have a spare room in my home that I rent out. I am thinking of getting rid of my renter/roommate. My question: does a renter living with me as a roommate in my home have the same rights as other tenants living in apartments, etc.? There is no lease, he pays month to month. He did give me a refundable deposit when he moved in to my home.
I can find nothing addressing this issue.
Thanks for you help!

deposit form

Is there a form I can use to make the tenant give me a deposit and promise to sign lease? and I keep deposit if tenant changes mind?