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Bad Tenant Refusing To Pay Rent - Landlord Forum thread 187510

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Bad Tenant Refusing To Pay Rent by Joel (Arizona) on September 20, 2009 @13:52

I am a landlord, and have a tenant who kept refusing to pay rent. The tenant began to refuse paying rent this past spring. Initially, the tenant complained about the a/c unit not working right, a scrape on the wall on the unit, and ants in the kitchen. The tenant seeked for me to reduce his rent as an adjustment for these three alleged items. I went into the rental unit with the tenant's permission and did not find any of these alleged items from the tenant to be true. I did not adjust the rent whatsoever.

The tenant then complained about hazardous conditions that were created from renovation being done on another unit owned by a neighbor. The tenant complained about hazardous dust conditions, damages done to his car, and allergic reactions from the alleged dust from the work being done. I investigated the renovation work that was being done by this neighbor, and discovered that the neighbor was only installing new windows, and a new front door. The work that was being done only lasted 3 days, and consisted of two guys, a pickup truck, and ladder. There was no such way that hazardous dust conditions, damage to his car, and allergic reactions could result from two guys climbing a ladder to remove and install windows.

The tenant then refused to pay rent because of the alleged terrible, and alleged uninhabitable conditions he supposedly was subjected to. I then served a 3 day notice to pay or vacate on the tenant, and he failed to pay the rent within the 3 days. I filed an eviction with the county court, attended the hearing, and the judge ruled in the tenant's favor even though he was lying through his teeth, and did not pay the rent within the 3 days. The tenant did send me the rent due, however it was 4 days after the 3 days of the notice. I refused the rent payment, and sent it back to the tenant. Basically, the judge let the tenant off on this technicality.

Now fast forward 5 months, and this is where the tenant and I are still at. The tenant and I are facing the third eviction hearing. He is still lying through his teeth about these alleged hazardous conditions created from 2 guys installing windows, and a door on the neighbor's property, and refuses to pay me rent unless I let him stay rent free at the rental unit.

During these past 5 months the tenant has kept threatening to civilly sue me if I don't drop the eviction suits. The judges keep sympathizing with this tenant, however enforce by court order that the tenant pay the rents due into the court registry. Basically, I am getting my rent only by court order for the tenant to pay the rents due into the court registry. However, the tenant outright refuses to pay me rent outside of the courts. The judges will not evict, but do enforce him to pay the rents into the court registry where they are later released to me.

Why are judges afraid to evict tenants even if the facts of the case a viable by statutes, and case precedent to legally substantiate a legitamite eviction?

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Re: Bad Tenant Refusing To Pay Rent by Anonymous on September 20, 2009 @14:50 [ Reply ]
Hire a flat rate eviction attorney to do this eviction. Had you done this, it would have been over a long time ago.

Present the attorney with notarized statements from the neighbor stating what was done, by whom, and for how long. (You are not responsible for his allergies or his car. If his car was damaged, he could sue the neighbor. Not your problem.)

Make and copy notations in his file of the date of his complaints, the date of your inspections, and your findings about the ants, the AC, the dust, etc. Don't worry about a cosmetic scrape on the wall. Give these to you attorney.

Make and copy a complete record of payments in his file. Note when the courts ordered him to pay, by what date, and when he actually has made payments. Copy this record and give it to your attorney.

Then sit back and allow the attorney to do his job.

Re: Bad Tenant Refusing To Pay Rent by Lighthope on September 20, 2009 @15:13 [ Reply ]
Also don't be afraid to file appeals against a judge's ruling. Rulings that are overturned on appeal work against a judge who one day hopes to seek a higher bench. If the judge knows you are willing to fight against his lawless rulings, he'll be less likely to legislate from the bench. However, it also has the probability of having the judge work harder to rule against you. It's a two-edged sword. But judges likes this one need to be removed from the bench.


Pearls of Wisdom - "There is no greater purpose to wisdom than to impart it to youth." - Lord Arkenstone

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