Posted by River City on July 04, 2006 at 10:55:06:
I totally agree with John. However, I would like to suggest that you make a list of all the damages, and in the event she returns for any reason, get her to sign your list. If you have time, you should also get an estimate of the cost it will take to make all repairs to restore it to its rentable condition.
Good luck.
Nightmare tenant - time for an attorney? - Posted by Blake Starkey
Posted by Blake Starkey on July 02, 2006 at 15:48:33:
I am living a nightmare and need advice. Two sisters (one sister has twin boys age 7 each) moved into my rental house. Pristine condition when they moved in, and I’ve always been proud of this house. One sister is responsible, the one w/ the boys has turned into a candidate for Jerry Springer. She cusses constantly, and relations have completely broken down - she slams doors (my door to my property) in my face, and cusses constantly.
Since they moved in 6 months ago, I’ve always had to chase rent. The sister w/ the boys lost her job a while back. She apparently stole her sister’s portion of the rent in May or June. For June, they collectively owed $500. After a fight w/ each other in May, they told me they were breaking their lease b/c they couldn’t afford rent. They ARE NOT living together on the next go-round because the responsible sister says she can’t live w/ someone so irresponsible. After telling me they would break the lease, they took three weeks to get out . . . well, they were supposed to be out June 30th. I’m now to July 2nd, and the one nightmare sister still isn’t out. But she’s not there either - just a ton of garbage.
Since she said she was out for good this morning at 8:00AM (my wife was with me yesterday when she said this so I have a witness). I was supposed to meet her to get the keys back. I finally keyed into the house today since it was obvious she’s not there. THE HOUSE IS COMPLETELY TRASHED! Will require a new refrigerator (refrigerator is destroyed), and probably new carpet and vinyl throughout. One broken-down car on the side of the property, and one that works that is still there. Has told me she is moving and cleaning, but I have never seen anything in the condition that was once my house. I took a ton of digital photos while I was there today. Further, I can’t move forward because the irresponsible sister STILL has an alarming amount of crap in my house! And I have no clue if she’s coming to get it or not. There is ZERO COMMUNICATION on her part. Today’s Sunday, and I’m just hoping she’s coming to get her stuff and clean like she’s told me she was. But I’d be rich if I had a dime for every time she’s told me she’s going to do something and then not followed through.
Now she’s playing hide-and-seek. Will not answer her cell. Came by while I was there today and then sped off. Has not given me any forwarding address for either herself or her sister, although I do have SS#'s from the original applications. After numerous warnings, I finally filed in small claims court last week. But I don’t know if they’ve been served, and the court tells me “I” have to provide an address for them to be served - and the girls ARE NOT giving me any forwarding information. The responsible sister has found her own housing. The irresponsible one has supposedly moved in w/ her mother, although I don’t know who her mother is. And now that I’ve gotten into the house, there is a bigger issue than just $500 of back rent. What do I do?
Do I just clean all the stuff out and store it? They’ve told me they are moving, and it is apparent no one is living there. There is a ton of stuff on the street for the trash men to get (much of it I’ll probably have to haul b/c I don’t think the city will pick up the big ticket items they have “thrown away”). The crap IN the house is keeping me from moving forward.
Should I call the police and file a police report? I thought that might create a bigger paper trail, and would might force the issue of where to find them. Should I take this up a notch higher than small claims court, hire an attorney and really go after her/them?
This is my first experience of this sort, and I am sure in time, I will look back on it as something that was good for me to go through as it has been a learning experience. My other tenants have been wonderful. I know all landlords eventually get a disaster tenant.
I just want my house back. The good news is it’s a great house and after some work, it’ll be fine. It’s going to take some money, time and elbow grease to get the house back where it was, but I can do it.
I feel very violated, and am very, very angry right now. How do I manage this monster girl when/if I bump into her again. I have never encountered a more disrespectful human being, or a bigger liar in my life. She has absolutely no regard for me or my property.
Any thoughts would really be appreciated. My email is StarkeyB@missouri.edu. Right now, I am leaning on calling the police and filing a police report. I have kept every letter I’ve ever issued to all my tenants (them included) because you never know if you’ll have to take someone to court. They have NEVER given me anything in writing. I figure filing a police report will create a bigger paper trail. Will this do any good? She has the keys to the place, and changing locks is going to be yet another cost. I feel this IS criminal on their part. My issues are as follows:
Yes, yesterday - Posted by John Merchant
Posted by John Merchant on July 02, 2006 at 18:20:20:
Yes, I’d tell you to go get a lawyer who knows about and specializes in Tenant Eviction in your state.
If you move anything out until told it’s OK by lawyer, YOU could get sued by the tenants so that would be step# 1.
Next, you should learn something about being a good LL BEFORE you rent to anybody else because a good LL would likely not have rented to these people in the first place…sure sounds to me like you got no deposit, no references, no credit report…none of the things an experienced LL demands.
Get a book or two on being a LL and how you should operate when checking and screening a T, and look at joining your local Rental Association and learning about this business BEFORE this happens to you again.
One thing you’d learn is it’s worth PAYING a lousy T like this to move and it’s almost NEVEr worth suing or chasing one in court.
You’ll learn to move them along with no recourse to lawyers or lawsuits when you do end up with a lemon, but more importantly you’ll get fewer lemon T’s.
I think back over the times when I used to be “easy mark” for prospective and actual T’s sad stories, and the trouble tha’d cause me…compared to the times when I was tough and unbending and wouldn’t give in to the likely losers, and how much grief that probably saved me.