Posted by James (Ala) on September 06, 2006 at 13:38:36:
I agree with Jimmy–you are heading into fraudulent waters. This is a duplex, therefore 1/2 of the investment is not producing. That is material.
What has your buyer asked/have you told about this tenant?
If you start the eviction process, you should consult an attorney as to whether you are allowed to accept any rent payments while the suit is pending?
James (Ala.)
Deadbeat tenant - Posted by robyn earl
Posted by robyn earl on September 05, 2006 at 07:51:40:
Hi,
I own a duplex which I am selling at the end of this month (September) The tenant on the first floor has not paid me for August and September and he ignores my phone calls and letters. Since I will no longer be the owner as of Sept 28th, I really don’t want to bother with the eviction process, but I’d like to collect the money that I owe from this tenant. How do i do that? What is my responsibility as far as disclosure to the new owner? (I do not have a securtiy deposit from this tenant either. He was supposed to put in a ceramic kitchen floor for me in lieu of the deposit and this never happened. (As an experienced landlord, I should have known better…this jerk really sold me a bill of goods!)
Re: Deadbeat tenant - Posted by Jimmy
Posted by Jimmy on September 06, 2006 at 07:20:21:
the pain you suffer here is self-inflicted. here are a couple of thoughts:
the deal to which you refer may die, and you will have lost 4 more weeks of this non-paying tenant.and if the buyer learns the truth about this tenant, you should expect him to either (a) try to change the deal, bbased on your failure to disclose material information, or (b) kill the deal altogether. and is buyer closes deal, and then discovers the truth, he will have grounds for a lawsuit, based on misrepresentation.
a tenant in serious default is a material piece of info, and you should tell your buyer right away.
You should file eviction papers YESTERDAY.