TheLPA.com forum postings

Health & Code Violations

Anonymous — Fri, 03 Jul 2009 19:57:44 -0400

My first post did not hyperlink, I must have done something wrong. How do you deal with a tenant who calls the health department and the building code inspectors on you but then is unavailable for the requested repairs (most of which are damages done by the tenant and her family)? She is refusing to pay rent until repairs are done but then sent an e-mail saying no one is allowed to enter the home without her permission and yet we only have 21 days to do the reapirs that are emergent enough they require a call to code and health enforcers.

Cut locks off vacated tenants bike. Am I liable

Anonymous — Fri, 03 Jul 2009 19:38:56 -0400

I have/had a tenant who was supposed to be moved out on the 30th. I made it very clear to him that his furniture and possessions needed to be out on that day. He asked if someone could come over on the first to move the furniture out and I said OK. On the third all the furniture was still in the apartment an the couch was wedged in between a couple of walls preventing access to said apartment. I had not heard from the tenant at any time during this period. I needed to start moving another person in the next day so I proceeded to move the couch out myself. In the process I found that I was unable to get the couch past the tenants bicycle which was locked to my front porch. I could not just leave the couch on the porch so I cut the locks and moved the bike. He arrived that night and was upset and said I owed him $40 for the locks. I said I would give him twenty, but he was supposed to have been completely out on the thirtieth and he still had a lot of furniture upstairs. I explained that his bike was on my property and I had to move it. He actually got the police involved who of course said that it was a civil matter and they were not going to do anything about it. Is this something I should be worried about? I planned to keep part of the security deposit because he flooded his tub which ran into our apartment downstairs. Unfortunately the pictures and receipts fro repair went missing. Any advice?

Landlord asking for security refund back

Anonymous — Fri, 03 Jul 2009 19:31:45 -0400

My former landlord gave us back about 1/3 of our security back in a timely manner, all in writing. In his letter to us detailing why he kept some of the security, he says there are other things he is not charging us for "at this time". He states he can charge us for these things within a year of us leaving. Is this possible? We have been very reluctant to put the check he gave us into the bank, thinking he might come back for it later, plus more, as stated in his letter to us. Since it is well past the 21 days since we moved out, is the law on our side? We live in California.

Thank you.

Tenant moving out

sefnfot — Fri, 03 Jul 2009 15:29:40 -0400

tenant is moving out. Which forms do I use to address the following:

* Tenant painted unit deep dark colors.
* Tenant painted kitchen cabinets.
Tenant claims unit was as is and could make alterations.
Tenant has 2 cats.

* LL is missing some pages from lease.

(I'm the LL btw.)

I have a "Tenant's Right To Request Initial Inspection" form; but I am looking for something that informs the tenant of their obligation to return unit to the original off-white colors.

Insurance Co. for multi-unit (17 apts) building?

Anonymous — Fri, 03 Jul 2009 13:56:56 -0400

I posted a similar query last week, but didn't pose the question right...
Is there anyone out there who has a medium-size building (10-30 units) who can help me find an insurance company that is willing to quote a policy.
I have a 17-unit building, an old school from the late 1800's. Built like a 'brick sh**house' if you know what I mean - 16" thick brick walls outside and inside the building, and re-done nicely into mostly 1BR apts. Fire alarms but no sprinklers, multiple exits but no fire escape, no elevator (3 floors), hard wired smoke alarms, lots of fire extinguishers, fire doors, self-closing security doors inside and out, no flooding issues and NO CLAIMS in the last 5 years.
Anyone know a company that would be interested? I have Travelers now, and they're pushing the premium up every year. State Farm and Nationwide are HIGHer yet.
Advice appreciated...

Deployment/Miltary Clause

Anonymous — Fri, 03 Jul 2009 04:52:43 -0400

I include a military clause in my rental agreement that states that the tenant needs to provide a copy of their orders along with a written letter of their intent to terminate, 28 days prior to deployment. Under SCRA, notice would be effective at the end of the following month (nearly 2 months, in this case)

Does this mean that if the tenant is being deployed in three months they can terminate their lease 28 days from when they give me their written orders (2 months prior to their deployment) or is their actual deployment date the date of termination as long as notice was provided 28-days prior? It seems unfair to the landlord that they would be able to break the lease far in advance of their actual deployment date.

I have explained to my tenant that I am willing to break the lease earlier if a replacement tenant is found but they want to move in 28 days regardless and live rent free with a friend prior to deployement and pocket their housing allowance.

Anonymous — Thu, 02 Jul 2009 23:28:55 -0400

We have a tenant who reported some issues to our property manager. Two sounded emergent so we sent someone immediately. #1 leak in kitchen ceiling. Turns out this was caused by the tenant unplugging the deicer on no less than three occasions despite having it demonstrated to her that this had to stay plugged in during winter to prevent just such an occurence.

#2. She stated a health and safety concern due to a mouse "infestation" (had not reported any evidence of mice previously).

Each time we have sent someone to do repairs no one will come to the door. People leave and tell us they will not go back because they are wasting time, unsupervised children, disgusting living conditions that they are uncomfortable being exposed to. She is given advance notice and is clearly at home but will only answer the door when she feels like it.

Because of this we had a maintenance person meet the pest control company at the house. Cars were visible but no one would come to the door. We aren't sure that an infestation constitutes an emergency but decided it did so the maintenance worker let the pest control company in. Someone was lying on a couch just a few feet away from the door but did not acknowledge the people entering the house. They finally saw a child (changin his own diaper they said) and asked him to get an adult. The tenant was home all along but just didn't come to the door.

The pest control company took pictures of the living conditions and all I can say is OMG! Dirty diapers and garbage all over, broken toilet seats on the floor. Piles of trash bags all over the basement and garage dispite curbside trash pickup provided by us. Worst of all was a huge oil spill all over our garage floor and down the drive.

The pest control company provided us with the pictures and a written statement of the homes condition and stated that the open food sources contributed and caused this infestation.

We had our property manager contact the tenant about the condition and the serious nature of an oil spill as we have a well. We asked for her to consider taking this offer, two months free rent in exchange for the damage deposit (which we will use for all the now neccessary repairs and water tests) and we would let her out of the lease which ends in October. We think that as the tenant has children she might want to leave during the summer and have them situated before a new school year begins so the children would not be disrupted (not that we think she cares based on the living conditions in the photos but we personally have a concern for children in that situation).

Her response was to withold half a months rent because a tree had fallen on the property line (our home is in a forested area) and this deprived her children the right to play in this small area (we have an acre of cleared yard space available to play in but whatever). She also called in a health authority and cited issues (broken basement window, peeling wall paper, water stain on kitchen ceiling) all damages caused by the tenant and her children and not previously reported to management.

Naturally we had our property manager respond to fix all of these "issues". The tenant (as has been her ongoing tendency) did not return phone calls or answer the door for the repairs once again dispie notification via e-mails and phone calls.

The health authority contacted the tenant and explained she will be court ordered to comply with the repairs that were so emergent they warranted a health official to visit the property.

The tenant's response, told the property manager that she has "rights" and will not be paying any rent AT ALL! and fully expects a judge to side with her.

Additionally, she called a housing code office and they visited the house. This official doesn't even cover our area so he is unaware of permits we had for projects undertaken prior to this tenant moving in. He cited boiler installation and a fire covering for a door between the garage and basement (though no inspector seemed to find this a problem when we purchased the place). Naturally we will show the permits to the correct agency and if need be we will cement cinder blocks in the opening.

In the meantime we have given the tenant notice to quit since she is behind half a months rent. I really have no questions, just wanted to vent. This is not a property for investment purchases, it is our home we rented out while we are serving our country overseas. I am heartsick.

Just venting. Thank you!

Help with Forclosed Client

Audreym — Thu, 02 Jul 2009 20:27:04 -0400

We own a small Property Management company in South Carolina and am currently dealing with a homeowner who is being foreclosed on. We manage 3 properties for this particular Homeowner and Tenants were in place for all three (all paid on time and were a joy to rent to).
Unfortunately, the Owner was falling behind on her payments and neglected to tell us. After we found out about the foreclosures; we moved one Tenant to another property, one decided to move and the other is still in place. The Tenant still in place is the issue.
The Owner wants the Tenant to move in hopes that she can sell the home before foreclosure but it is very overpriced.
She wants the income from the Tenant however wants him to be willing to move at very short notice.
Has anyone dealt with a situation like this and how did you handle it?

Plumbing Repairs due to Clogged Hair

Anonymous — Thu, 02 Jul 2009 19:51:29 -0400

Can a California landlord charge the tenant for regular maintence and plumbing repair due to hair build-up in the shower? The drain was cleared as recently as October 2008 and at move-out it is starting to back-up again. Can a landlord deduct the plumbing repair from the security deposit?

Who's responsible for damages?

Anonymous — Thu, 02 Jul 2009 19:03:12 -0400

I am asking this because we live in a different state from where our property is {SC}, and we do not have a Maintenance company so far; this is such a gray area everywhere I look, I'd like to know who is responsible when something in the rented house breaks?

Who or how do you determine is the item in question was "deliberately damaged"? The tenant is obviously not going to admit their wrong doing. {For example, the 2yr old dish washing machine breaks, you're not there, you call a plumber for the tenant, they say it needs to be replaced but cannot say why}

OR, who is responsible if a lock breaks in the home during the tenant's lease? Who and how is it determined who's responsibility it is to fix?? I would assume on one hand, that this is the Landlord's property, and he should repair it, on the other hand, if the tenant broke it, why would the tenant not be liable for fixing it? Even if it was an accident?

Lastly, is it "normal", "fair" or legal, for a tenant to damage something, not report it, and wait until the month of the one year lease to report it to the landlord and expect the landlord to pay for having it repaired?

Any info, would be great! thanks. I would like to have a very specific and fair lease for my next tenants, and these questions do not seem to be answered anywhere I turn.

Rust around drain in bathroom sink

Anonymous — Thu, 02 Jul 2009 18:54:03 -0400

In the State of California is rust around the drain on a procelein sink considered normal wear and tear ro damage?

All adults to fill out application

Anonymous — Thu, 02 Jul 2009 18:31:59 -0400

We are a first time landlord and are in the process of screening a potential renter. I understand that all adults over the age of 18 should fill out an application but besides the wanting of crdit check, poss. background check would be the legal reasons to have all adults fill out the application- especially if the 2nd adult may not be on the lease? (This is going to be a roomate of the lease holder).
Thank you in advance!

30 Day Notice

Anonymous — Thu, 02 Jul 2009 16:05:48 -0400

I served tenant a 30 day notice. 30 Days was up 3 days ago (out of State owner). How long do I have to go file with the court. Do I have to serve tenant again? Is there a time frame for me me to go to cour?

whos in my apartment now?

Anonymous — Thu, 02 Jul 2009 13:43:14 -0400

I rented my apartment to a single mother and teenage daughter, I havent seen the mother or daughter in the unit but her son seems to be living in the house.She paid the rent for June and it is now due as of the 1st. I have a clause in my monthly rental lease that any drug use on the property is immediate eviction,this is a duplex and I have seen and smelled the marijauna being used by them and my front renter has also. He plays hisbase in his car real loud any time of the day or nite and I asked them to be quieter out of respect and I get negative feedback. My impression is they would not think twice of retaliation not so much physically with me but to my unit. Please help with any info, I will be forever grateful. Thank You

deposit cleaning

Anonymous — Thu, 02 Jul 2009 04:41:01 -0400

I have a question in regards to the cleaning, and taking it out of the deposit. The previous tenant DID NOT clean the entire time while at residence. The bathrooms alone took 4 hours to clean. Here is my question. In the lease, it states a general 200.00 cleaning fee, but this went above and beyond that. Can I use the price guide on this website for the applicable charges? Or am I stuck with only the 200.00 to pay the cleaning crew?

frig repair/ replacement?

Anonymous — Thu, 02 Jul 2009 01:26:23 -0400

had to call appliance repairman out to look at a frig. they said it would be better to replace. we had a 3 month old frig(not being used at the time) in our garage & took it to the tenant. told them to wait about 8-16 hours before transferring the food between the 2. well 2 weeks go by & they're still using the old frig. the new ones sitting in the middle of their kitchen floor & isn't even plugged in(i suspect getting moldy in the process). they say they dont wanna use it cause it "doesnt have an icemaker & isnt side by side." Just my luck, my garage frig is on the fritz(4 gallons milk soured, temp on coldest setting wont get under 45 degrees, freezers ok though). If they refuse to use the new one & their food spoils are we responsible, even when we supplied them with a new one? Can I go over & take back the new frig, since they refuse to use it, cause I need an extra frig for myself now?

If current frig is side by side with ice do we have to replace it with the same.

Already refunded deposit - tenants broke lease

Anonymous — Wed, 01 Jul 2009 23:52:25 -0400

Hello,
I was wondering if you have tennants break the lease early but have already given back their security deposit is it to late to collect months they owe for breaking the lease?
How long do you have to do this?
Does lease have to be notorized to be made legal?
We live in the state of Pennsylvania.
Can you please help?
Thank-you

smoking

Anonymous — Wed, 01 Jul 2009 20:27:40 -0400

It specifically states in the tenant's lease that smoking is not allowed in the rental. Upon him moving out, and us going in to clean, it was discovered, that he indeed smoked. The house reeks of smoke, and there is black grime everywhere. Now I am in the position of having to either clean the walls with bleach, or repaint. Does this give me grounds to keep their full deposit since they violated the rental contract?

how long does the tenant have

Anonymous — Wed, 01 Jul 2009 19:40:28 -0400

how long does the tenant have after abandoning a rented house, have to get their belongings out and has not paid any rent for the last 2 mos? and broke contract that was notarised by a lawyer

security deposit

Anonymous — Wed, 01 Jul 2009 19:18:18 -0400

Allowed 2 inside dogs after posting"no pets". Said was going to put in new carpets. but would not and allow the dogs. after destroying carpet ....stained pet odors urine odors...had to treat sub floor and recarpet. tenant agreed to pay half...then contested with a lawyer written challenge to retained security deposit to cover cleaning and repairs along with 50% of carpet replacement cost. Do i go to small claims or return carpet cost?

vacation rentals

Anonymous — Wed, 01 Jul 2009 17:10:28 -0400

I don't know much about vacation rentals and how they pertain to normal rentals that are discussed on here.

My info:
My parents own a lakefront cottage in Maine. They HAD the same weekly tenants for almost 20 years until they finally decided to go up on rent. Most decided not to rent anymore. Everyone always paid on time and respected the property.

Now they have new weekly tenants.

As of now they accept a security deposit a few months earlier and take payment before they send the key.
No agreement, legals forms, signatures for anything.

My folks are old school if you haven't figured that out yet. They need to catch up with the times. I want my folks to cover all the bases now before they end up with bigger problems.

This weeks renters had never sent a deposit. They called my dad this week and said the people they were splitting the week with bailed so they couldn't cover the entire amount. They agreed to a smaller amount and stupidly, my dad sent the key even though he hasn't gotten the check yet.
What recourse can he have if they don't send the check or the check is faulty?
(I couldn't believe he did this)

Other general questions:

I assume they should have some sort of lease for every weekly tenant to legally protect themselves and the property. Just as a year lease would be stated? Any good examples for vacation rentals?

The rentals run from Saturday @ noon to Sat @ noon. What would happen if tenants did not leave before noon so the new ones could move in?

What would be a better way to secure the rentals from people bagging the last minute like this? Say rent for the week is $1000. Have a non-refundable holding fee a few months prior of a certain amount. $300, $400, $500?

How would you handle any repairs necessary? This is not a yearly rental so a security deposit is kind of out of the question. Maybe some one breaks a window or litters the beach and the house with trash. maybe they steal all the bedsheets, silverware, furniture, or anything.

This is out of my realm but I also ask because I will be handling all this in the near future.

How to administer Notice to Quit in MA

Anonymous — Wed, 01 Jul 2009 15:40:27 -0400

Taken from http://www.mass.gov/courts/courtsandjudges/courts/housingcourt/housingquestions.html

"If the tenant gets the notice in any way, then that is sufficient. On the other hand, if the landlord sends the notice by registered or certified mail, and the tenant refuses to pick it up, the tenant does not have notice. If a Constable or Sheriff serves the notice by last and usual, and the tenant denies receiving the notice, if the judge believes that testimony, then the tenant does not have notice."

I thought sending it via certified mail is the best way to send the Notice to Quit. But the law says that if tenent refuse, then it means LL has not "given" notice to tenent.

Am I reading into this incorrectly?

Section 8 Renter Issues

Anonymous — Wed, 01 Jul 2009 14:07:08 -0400

Our tenant, who was on Section 8, moved out yesterday, leaving behind numerous personal belongings. We'd initially planned to throw the items away, but wondered if there are any legal implications in doing this? The problem is, she is a Section 8 tenant so who knows what their rules stipulate in these situations (it wouldn't surprise me if we weren't asked to clean and hand deliver all leftover property to the tenant in 24 hours)... Any advice?

Breach of Contract

Anonymous — Wed, 01 Jul 2009 13:56:56 -0400

I have a signed agreement with 2 guys that were going to lease my mobile home park with an option to buy and they have defaulted on this lease. Instead they wanted to go ahead and do a purchase contract so I had their attorney meet with my attorney and we had the details worked out but they did not come to close. This has been going on for 8 months. They are in possession of the mobile home park, they are collecting rents, but they are not making payments to me. I went to a lawyer that said he could help but he asked for $5000 retainer up front. I dont have a spare $5000 especially since these guys arent paying me so what can I do? How do I get them to pay me or how can I get them out of possession of the property?

Year Lease vs. Month to Month

Anonymous — Wed, 01 Jul 2009 11:15:40 -0400

I have a tenant who has lived at my property for a year. Her lease automatically renewed as a month to month. She is now requesting to sign another 1 year lease. What are the pros and/or cons of keeping her on a month to month lease vs. allowing her to sign another 1 year contract?

Does she have any rights to demand a 1 year lease?

Tenant Rights

Anonymous — Tue, 30 Jun 2009 23:49:35 -0400

If my lease ends in 30 days & I have given written notice to leave in 30 days, is that legal?

A) if I just previously was asked to sign a new contract beginning the day after the above mentioned contract expires and I signed it prior to giving my 30 day notice.

B) No mention of "# of days to give notice for lease termination by tenant" is written in original contract - it just had lease ending date.

So, basically I signed a new lease prior to my original lease being terminated at the end of the lease period, and, then decided that I would need to move and gave the landlord 30 days notice prior to end of orininal lease period.

WRITTEN LEASE

Anonymous — Tue, 30 Jun 2009 22:14:09 -0400

CAN A LANDLORD FORCE A TENENT TO SIGN A LEASE WHEN THEY DO NOT HAVE A WRITTEN LEASE?

Former Landlords ? or a Friends of the Renter

SMurders — Tue, 30 Jun 2009 20:22:26 -0400

What's the best way to be sure a name an number on the application is truly a former landlord or a friend of the renter's acting as a former landlord?

Painting

Anonymous — Tue, 30 Jun 2009 19:55:22 -0400

I've read some posts in the archives but wanted to reinitiate the conversation. What seems to be better. Semi gloss paint since its easier to clean or flat since it touches up easier? I don't think semigloss looks right on a bedroom or living room wall. Flat hides imperfections better but it's easier to scuff or smudge. Maybe use the cheap builders brands and do a quick roll between tenants?
What are your experiences?

Is recovery of damages possible???

Anonymous — Tue, 30 Jun 2009 18:41:35 -0400

Tenants moved out today and though they moved out the major trash, they left the apartment a mess, very dirty, and severely stained carpets that were installed brand new before the start of their tenancy a year and a half ago. This is way beyond normal wear and tear. They did not give a forwarding address, though their kids did indicate which city they were moving to. Is there any way to recover damages? Or do I need an address in order to sue them?

With everything considered, the damages plus June 2009 rent (which they did not pay) less the security deposit still puts us out about $1,000.

Front doors

PortlandLL — Tue, 30 Jun 2009 17:49:18 -0400

So I'm a stained glass artist by training. One of the reasons I bought my building was that it has the original windows that are very easy to install my stained glass work into. My front doors need the glass reglazed and I figure that it is a great opportunity to put in some of my own work and class up the entry to the house. I have 2 front doors, just like a duplex. each window is 22 inches square. If it was just me I'd just plug in some beloved cartoon characters like Transfrmers ad the X-Men but I think that may work against me in the rental market. lol

Anyone have any ideas on what I could do? I hate those generic geometric patterns that are mass produced in door factories... If I can draw it then I can make it into a window. What do you all think would make for a classy entryway window?

PS. I think I'll save the Transformers for my own bathroom window. lol

Security Deposit

Anonymous — Tue, 30 Jun 2009 11:39:58 -0400

In the state of California, how many days does a landlord have to return the security deposit? 30days after final inspection or after termination of lease? Please advise.

Do both landlords need to sign?

Anonymous — Tue, 30 Jun 2009 10:30:21 -0400

My soon to be ex-husband and I own a rental property together. I want to give the renters their 60 written notice in order for me to occupy the property, my husband does not want to. Does he have to sign the 60 day notice or will my signature be sufficent? Both of our signatures appear on the lease agreement.

Fees, deposits, per month pet rent

Anonymous — Tue, 30 Jun 2009 01:04:21 -0400

In NH is it legal for the landlord to charge all 3.
Rent for a pet, a pet deposit, and a security deposit.
It was always my understanding that a security deposit would cover any damages regardless of who or what caused them.

DAMAGE TO LINOLEUM

Anonymous — Tue, 30 Jun 2009 00:24:26 -0400

Is it allowable to deduct repair costs from the secutiry deposit at move-out to fix a 3" tear in the linoleum or is it considered wear and tear. The linoleum was brand new at move in 4 years ago and obviously in perfect condition. Please advise.

Assisted Living group home

Anonymous — Tue, 30 Jun 2009 00:14:44 -0400

Not exactly a landlord question, but I thought you guys could help start me off in the right direction.

I have a house that is wheelchair accessible, 3 very large bedrooms, 1 1/2 baths, one is a huge bathroom with a garden tub and a seperate large shower stahl. First floor laundry A huge patio out back overlooking a beautiful park like setting. Ideal home for an assited living group home. It can easily accomodate 6 people. I understand that assisted living homes are in demand.

Only problem is, Iam not sure where to begin, what license or certificates are needed if any. What all kinds of inspections are required, or any other requirements for that matter. I talked to a lady who works for a group home and also does private duty, she makes it sound like nothing to it for this type of home since it isn't a nursing home, it doesn't fall unser the same guidlines. Any suggestions or advice is appreciated. Thanks.

What about the mother?

Anonymous — Mon, 29 Jun 2009 22:50:08 -0400

I got a bad news mother of a tenant who is not a resident and is not on the lease but she constantly calls to try to renegotiate the lease.
It is a lease from The LPA and I do not want to change anything. She is trying to make me change the due date b/c her daughter gets paid a few days after the rent is due.

I said Im sorry but that is not what we agreed to. I am about to be rude to the mother b/c she has no bus. talking to me.
Is there a nice way to tell her to f off?

Wife and Husband as landlord?

Anonymous — Mon, 29 Jun 2009 19:21:31 -0400

If my wife and I own our home currently and we wish to rent it out, do we both have to be on the lease as landlords? And, if we are both on the lease, do we both need to sign it? What is the norm? Are there any pros/cons that outweigh?

Thanks!

Children of housing applicant

Anonymous — Mon, 29 Jun 2009 16:59:00 -0400

I asked a prospect over the prhone if she has children and she jumped down my throat and accused me of discriminating.

I was actually hoping they DO have children because I have a beautiful yard right next to a playground. It is a very child friendly rental.

Since when can I not ask if a prospect has kids? Section 8 asks if they have kids. Doesn't the landlord have a right to ask?

Building & Liability Insurance

Anonymous — Mon, 29 Jun 2009 14:28:10 -0400

It's been a long time since I posted on theLPA... I used to be on here all the time, but with all the good advice I got from many other LLs, I haven't needed help in the past few years. Getting good people is the key, and keeping them happy also helps!
I manage 17 units in one building - an old school, built like a brick sh**house, if you know what I mean. A great building.
So now I am noticing my insurance premiums (Property & Liability) have been creeping higher each year for the past 3-4 years. It was $5600, then $58, then $59, now this year $6100. I am absorbing it, but it's hard to take. There's no real reason for this - the building is solid, we've never had a claim...

Anyone else feeling this?
Does anyone have a similar-sized building that they get a better insurance deal for?
What companies should I be looking at? Using Travelers right now.

Advice would be appreciated.

Judgement Collector

Anonymous — Mon, 29 Jun 2009 11:46:57 -0400

I received a letter from a collector that read he is willing to go after two tenants for the money that they owe me. I had the tenants evicted around two years ago. He had all the documents from the courthouse. The fee is 1/2 of what he collects. Did anyone ever hear of this? And if so, should I go for it?

Tenant has moved in boyfriend and dog

Anonymous — Mon, 29 Jun 2009 01:17:08 -0400

Young couple with (her) two little tots. They broke up. He moved out, new guy we suspect has moved in with large dog. Claims he's just visiting, but I was there today and the dog was alone in the house, large turds on lawn, leash tied to porch, etc. Clearly dog has taken up residence. Lease states no pets, no extra tenants.
She has already given notice for Aug. 1. At that time, she asked if the dog could move in and offered to pay a "pet damage" deposit, we said no. But clearly the dog has moved in anyway for the past month or more?
She is breaking her lease by 1. leaving before term is up, 2. Moving dog in.
Do either of these warrant keeping the security deposit of one month's rent?
Or should I just try to get a pet deposit or increased rent from them? (Oh, we lowered her rent by $100 when she was going to be "on her own".
I will be happy to be finished with this tenant, but wonder how to handle the situation.
Any input would be appreciated.
Melanie

Pet damage and security deposit return

Anonymous — Sun, 28 Jun 2009 22:34:41 -0400

The tenants to our rental house moved out at the end of January after living there for 9 years. When they moved in, they knew that no pets were allowed. The next year, they wanted to get a dog and promised to keep the dog outside and written permission was given with the stipulation that the dog would remain outside and that no damage would be done to the hardwood floors inside of the house. Anytime we or anyone was there to make repairs, the dog was always inside of the house. When they wanted the kitchen floor replaced last fall because it had holes in it and scratch marks at the seams of the vinyl, we said that we would be glad to replace it when the dog stayed outside. During the time that they lived in the house, they bounced 5 checks and as well as being late with the rent most of the time. Upon inspection of the house after they left, not only was the kitchen floor ruined, but there was a large pet urine stain on the hardwood in the back bedroom. Trying to be accurate it took me 60 days to get them a letter with accurate information as to the fact that due to the cost of redoing the floor, as well as missing doorknobs, bugs in the microwave, thick coat of grease and stains in the oven, blinds, etc, they would not be receiving their security deposit back (Letter sent with pictures the first of April). Yesterday, I received a letter from a lawyer, stating that GA states I must return their deposit or notify them within 30 days and since I did not comply with this and "unlawfully refused to refund their deposit" According to the lawyer, they deny the home was damaged in anyway and that my actions constitute a violation of the law and they demand I return the entirety of their deposit or they will pursue all legal avenues to recoup this money and seek damages, including punitive damages and attorney's fees
The contract clearly stated that even with written permission to have a pet, they are still responsible for any damage done by the pet inside or out. In an email the tenant did admit that they allowed the dog to be inside and had strayed from the original agreement about the pet, but that the pet was house-trained.
I know that I should have gotten the letter to them within 30 days, however, it took longer to get estimates than I thought and we were also dealing with some life-threatening family medical problems (I guess I thought they would understand since I let them be 3 weeks late with the rent at no late fee when her father died).
The house has not yet been repaired and we have not even put up a for rent sign yet in that there has been too much going on and have not had time to do the necessary repairs in order to get it in shape to rent again (the pet stain repair cost alone is more than the security deposit)
What do I do? Do I respond to the tenant and/or the lawyer? By me not responding within the time period negate being able to claim damage to the property? Does it make any difference that the contract states that they are responsibly for all pet damage inside or outside even with a written agreement to have a pet?
Thank you for your help and comments

Do I need help moving junk out of evicted house?

Anonymous — Sun, 28 Jun 2009 20:08:41 -0400

I am evicting a renter due to no payment of rent. They have already left (I believe), but I feel I need to wait until the sheriff gets there (legally). They probably will have a dirty house and left over belongings (mostly junk). Can I just throw the junk into my own pickup and bring it to the trash, or do I have to have a separate independent company do this to avoid a lawsuit of "stealing their property?"

A/C

Anonymous — Sun, 28 Jun 2009 19:27:52 -0400

Is a tenant ever responsible for repairing central air conditioning if it was in working condition when they moved in and 4-years later when leaving contend it never worked? Nothing in writing from tenant stating is was inoperable. Original inspection was initialed by land owner and left on property at move in. Tenant never disputed the inspection list verbally or in writing. Please advise.

How long does bad credit stay

Anonymous — Sun, 28 Jun 2009 17:35:31 -0400

How long does bad credit stay on credit bureau reports?
What things should I be considering before going ahead? Any help would be appreciated. I am very grateful for your help.

Unreliable renter is joining army reserves

Anonymous — Sun, 28 Jun 2009 11:57:42 -0400

Hi,
I have a renter that pays her rent every month but is always late (often up to 20 days). She has notified me that she will be joining the army reserves, but would like to remain in my unit.

I have heard that in some cases the military will guarantee the rent of one of its members. Is this true? Who should I contact for more information about this?

Non rental of property due to former tenant.

Anonymous — Sun, 28 Jun 2009 07:27:46 -0400

I started an eviction on a former tennant a while back and she moved out before I filed. Now that I haven't rented it going on my second month can I still come on to her legally to recover rent? Or did I forfeit it by not going through with the filing of the eviction? She broke lease by late payments, bounced checks, etc. I have proof.

5 day pay/quit & late fees?

Anonymous — Sun, 28 Jun 2009 02:22:45 -0400

Need to prepare a 5 day pay/quit. But have a question re: late fees. Lease says there's a "daily late fee" but has no mention that late fees are considered "additional rent". If you can only put on the pay/quit what the rent owed is, how do you write in the DAILY late fees. Do you:

A) just fill in the rent only, leaving off late fees
B) do you put XXX amt rent & state "+ late fees"
or
C) say XXX amt total

How do you handle it when lets say I give them the notice one day the amount is XXX by day 5 its a different amt with the late fees.

I do know that whenever someone pays, it should be applied to any previous balances, if there are any, but should there be something in the lease stating as much. Should an "additional rent" clause be added into the leases as well & is that legal in my neck of the woods

LLC -vs- Inc.

jackjohnson — Sun, 28 Jun 2009 01:29:27 -0400

I am a landlord of one single family home. It use to be my home but I bought a new one and at the time found myself in a position where I did not have to sell the one I was living in before buying the new one. So now I am a landlord. I have been renting this house out for 5 years. The mortgage is still in both my wifes and my name. We have not yet incorporated as a business nor gotten and LLC. I have been doing a lot of thinking and believe we should do one or the other. We have not had any issues with things the way they are, but I believe we would better protect our personal assets if we did something along the lines of an LLC or Inc. Do I need to do anything differently, or am I just worrying for nothing? If I do need more protection which one would be best? Any guidance or opinion would be welcomed.