If I knew how, I would... - Posted by corine

The advantage of Nolo Press - Posted by Rich-CA

Posted by Rich-CA on July 08, 2008 at 21:14:57:

is they are based in Berkeley, CA and use CA law as their starting point. Te specific book you need:

http://www.nolo.com/product.cfm/ObjectID/BA36BFF6-F572-4128-BAE718206BF6766C/213/

This is the do it yourself guide, written by lawyers, for an eviction in CA. Get it, read it, follow it and things will go reasonably well for you. At least you’ll have your ducks in a row IF you need an attorney.

Edwin, Esquire?? - Posted by Tom Powers

Posted by Tom Powers on July 08, 2008 at 17:41:18:

practicing law with no license??

not for me!

You were doing so good… but - Posted by JT-IN

Posted by JT-IN on July 08, 2008 at 16:52:55:

You had to add this last sentence…

“Unless she starts again”

You see, this is not business to you, it is PERSONAL… and that is where the problem comes in…

You treat this as if this is a love interest and they have jilted you… I would just bet this… that in the dating world, there are more than a few guys that have paid a price when the fun stopped… You just don’t get over things easily. (maybe not a fair comparison to make a personal life assessment here, but it does apply; same emotions). You know if I am on target or not, but no need to confirm that here…

This business is nothing different than the weather; some days it is perfectly sunny, but hey, some days it storms too. It all averages out. IF you think it is going to be sunny all the time, then you will be disapointed. If you understand the realities of it, you know what to expect, and roll with it… Just don’t go out and do rain dances and try to make it rain… and you will have more sunny days.

But, when it rains, get out your boots and umbrella (emotionally) and take care of yoruself, don’t be p*ssed that it rained on your parade… cause it just does sometimes.

JT

One way to work your weaknesses - Posted by Rich-CA

Posted by Rich-CA on July 08, 2008 at 20:38:31:

is to include in your circle some close associates who have strengths where you have weaknesses. You will still need to know enough about those areas to guide your own course, but also should be able to hand off things that play to your weaknesses. Avoiding confrontation is a very COMMON weakness and something to work around and hopefully overcome, but its so common that beating yourself up about it is pointless.

We all have hot buttons. When someone presses yours, do not respond immediately. I have a hot button: people who do not keep their word or live up to their agreements. Used to be rare that this would get pressed. Its so common now I am preparing the documentation needed to support a court case against a tenant before they even move in. It helps if you prepare for those hot button moments in advance. Then the even, when it happens, has lost all its “heat”.

Re: Or maybe the Atty is perceptive - Posted by JT-IN

Posted by JT-IN on July 08, 2008 at 18:46:41:

Edwin:

This particular story has legs… it has been around for a while… it has HISTORY.

I believe that some of what you refer to… about bullied and bullying back has already occurred and the life of the story is in phase 3 or 4, so Corine is now (presently) in the backing off part. If she attempts aggression here by an eviction move or other hardball manuever, then there may be worse consequences. Just my opinion, as I have followed this story now for months, off and on.

I believe that Corine has determined that it is futile to attempt to collect an additional 600 bucks between now and Dec, or spend additional funds to do so, with risk of making what was a tolerable situation into a full scale p*ssing contest… Or at least this is my take on it, but I have observed this action from time to time in the cheap seats.

JT

Re: You were doing so good… but - Posted by Natalie-VA

Posted by Natalie-VA on July 09, 2008 at 13:56:27:

JT,

Thanks for the wise words, even though they were directed to someone else. I’m working a deal right now where the Buyer really pi$$ed me off yesterday. She negotiated a price 2k lower in exchange for not getting a home inspection or termite inspection. So, of course, when I gave her access to the property, she brings her “friends”. I called her on it, because I knew who they were. I gave them 15 minutes in the house and wouldn’t let her inspector on the roof or in the attic. I could have really created a stink, but I kept my comments to myself. After all, I’m the one making over 30k wholesaling a house without even doing a trashout. I’ll be laughing all the way to the bank, not her.

Thanks for letting me vent.

–Natalie

Re: You were doing so good… but - Posted by corine

Posted by corine on July 08, 2008 at 17:20:18:

what I ment is if she starts again, I will have to protect myself.

I am doing much better. Thanks for noticing and thanks for bringing it out.

Progress, not perfection, right?

You’ve been very eye opening for me today. Thanks.

I sometimes think I’m hopeless, that it’s too late. Your right about the personal relationships. The only people I really love are animals.

I’m tired, rambling.

Thanks all.

Re: Or maybe the Atty is perceptive - Posted by Edwin

Posted by Edwin on July 08, 2008 at 21:36:38:

You may be right, JT, and obviously I’m not claiming to be knowledgeable about all the nuances of this story. There certainly are times when it’s best to not rock the boat, even though you might be perfectly within your legal and moral rights to do something. If her potential gain for doing something is $600, and the downside is more than that, she might want to back off. I have found that it’s usually much easier to collect any monies owed from the security deposit at the end of the lease, rather than get into a disagreement about monies owed during the tenancy.

I would not use an attorney - Posted by Rich-CA

Posted by Rich-CA on July 08, 2008 at 20:45:15:

except for the flat rate eviction type, I would merely follow the process so that IF she won’t move (because she can’t fins anything similar for anything like the price) you don’t have 3 months of work to do to get her out. Assume all will not go well with her so that if, on Jan 1, she is still there, your attorney has what they need in order to get her out in the minimum amount of time.

You can also try doing what the CC companies do and engage in monthly updates to the credit reports. That would show the balance of the unpaid rent plus late fees on her credit report. You can try letting her know that short payments will be reported to the credit bureau is is your right since it becomes a debt when the due date passes.

Finally, do you have a separate personal and business e-mail as well as phone number? If not, you need to segregate these as soon as possible. Then you only check up on “business” communications during business hours.

I have backed off - Posted by corine

Posted by corine on July 09, 2008 at 05:38:56:

six short months isn’t the end of the world. Six hundred dollars,I don’t care. I just want peace. Penny said it best, my time is my most precious commodity. This is taking too much time and taking me off the important things…moving forward.

So what’s the lesson? In my three years of land lording, have leased out probably 25 homes for myself and others. I have long term tenants, 3+ years. I’m doing something right. Anyway, the only two rent increases I’ve ever sent out, this horror being one, and the other here in Myrtle B. resulted in their moving out. And the later wasn’t a rent increase, it was asking them to renew a year lease. Back in January they reduced the rent on me…drove around and found they could get similar for a bit cheaper. Because it was January in a resort town, I reduced the rent and we were month to month. In may everything heated up again and I asked them to return to the original terms of the lease and renew for a year.

They left and I spend 5 days last week cleaning the place. They had a very smelly dog. How people allow themselves to live is beyond me.

Am I doing any of this because I like it? H-- no. But I haven’t found anyone yet to give me a free ride in life. I got caught up in the owning rentals frenzy for 2002 in So Cal, and here I am. Made my bed and am dealing with it.

Though it can be tough right now, I would still do it all over again. I purchased high, which I’m not proud of, but my strategy (default) has always been buy and hold with good mortgages.

Though I purchased high and now I could clean up, the mortgages and favorable terms would not be here for me today. I have good credit, but am stated income.

I have my faults with this gal in Cal. I’m allot of things…emotional, knee jerk, lack of business wisdom (at this time, but getting better every day) but I do have a good sense of right and wrong and will admit when I’m off.

The slow drip in the drain and damage to the hardwood floor was happening over months and months. It’s a 1000 sq ft condo and would be almost impossible to not notice. I don’t believe for one minute that she didn’t pull the couch away from the wall in 1.5 years. That’s BS.

She’s unstable…a “victim” in life and I knew that from the beginning. That’s my fault. And like Penny says, I’m firing her by not renewing her lease. If she needs to feel like she’s won something, who cares. I just want peace.

Re: I have backed off - Posted by corine

Posted by corine on July 09, 2008 at 05:47:39:

I forgot to add to the last post for those who maybe reading this without the history.

After 2.5 years of tenancy, this horror gets a lousy 100 rent increase, less than %5 an literally, two days later I receive three pics showing my beautiful hardwood floor that I installed with my father swollen with water damage.

Coincidence?

And that’s where the story begins.

I’ve talked to her twice in two years. The other time I sent an email to my (friends) upstairs because I had heard she moved some guy in. I wanted the truth. It’s a small condo and another person, especially some guy makes a big difference.

My “friends” gave her a copy of the email. She called and reamed me a new one. How dare I spy on her, she can have anyone living there she wants…she went off on me, gave me a 60 day notice…which in hindsight I should have accepted.

She’s un manageable and now she’s leaving.

My mom says to wish her well and hope she finds a fabulous place.

That’s hard for me to do.

Listen to your Mom… - Posted by JT-IN

Posted by JT-IN on July 09, 2008 at 06:29:22:

She is giving you excellent advice… “My mom says to wish her well and hope she finds a fabulous place.”

The reality is… if you really did wish her well and hope she finds a fabulous place, the karma that you project and receive back from others is so much more positive than the alternative. Wishing her anything but “well” only HARMS YOU, not her. Vindictive attitudes are corrosive internally to you, and only you.

Also, (and I will stop responding here to this saga), I agree with the tenant, it really isn’t any of your business who she moves in, assuming that your lease doesn’t state that it is for ONE PERSON and no others. I personally think that you need to allow for quiet enjoyment of any place that you rent to a tenant, which means that if they live anywhere within the rules, you stay the heck away from them and don’t pry into their lives. You will only discover things that you may not approve of, and it isn’t your role as the moral police to tell them otherwise. You could also be treading on some legal issues here that you have no business being involved in… you have no right to mandate certain behavior as long as what she is doing is legal, and not against condo rules…

Again, I have said enough in this and other threads about this situation, and you surely know my thoughts. They are all directed at your betterment, both as a landlord… and for your personal well being. From which you will take what you can take, leave what you must… and we will leave it at that.

All the best.

JT-IN