Real estate people - eviction question - GoFuckYourself.com

beemk · 11-14-2008, 10:01 AM

i have a tenant from a land contract who taped a payment on my door a day late (a day after the 15 day grace period). i made a note of this right when i got the payment in the payment book to be sure it was correct. now they said its not late and they taped it on my door the day before they actually did. they didnt even pay this month and when i sent them the pay or quit notice because its 75 days overdue if i consider that they were $50 short the previous payment since the late fee gets applied first.

so my question is if this gets dragged into court how does the judge look at it? its basically my word against theirs, so does the judge look at taping a payment to a door even good enough?

usually im cool with tenants but these people have been a pain in the ass since day one, and i dont want to bend the rules at all for them.

FakeNick · 11-14-2008, 10:02 AM

who cares just beat them to a bloody pulp with a baseball bat then they will get the message not to be late again

beemk · 11-14-2008, 10:08 AM

Quote:

Originally Posted by FakeNick

who cares just beat them to a bloody pulp with a baseball bat then they will get the message not to be late again

good idea, damn those laws holding me back!

Lycanthrope · 11-14-2008, 10:13 AM

JC is right. Plus, I doubt they would even show up for court and you'll get yourself a default judgement.

cosis · 11-14-2008, 10:13 AM

so owned

EscortBiz · 11-14-2008, 10:14 AM

judge will not side with anything involving kicking anyone out of a home now

id answer different a year ago

Rochard · 11-14-2008, 10:15 AM

The guy next door to me got evicted. I knew something was up; Their house has been for sale for a while now. They got the notice on a Friday and then suddenly moved out the next day.

This morning some guy came up and put up a new for sale sign.

fuzebox · 11-14-2008, 11:18 AM

Here I thought your tenant screening process was infallible

LauraLee · 11-14-2008, 11:23 AM

Quote:

Originally Posted by EscortBiz

judge will not side with anything involving kicking anyone out of a home now

id answer different a year ago

This is exactly what I was thinking. How a judge will side today, is much much different than years past.

I have owned several rental properties, as have my parents, and it has always been the rule of thumb that the laws favor the tenant as opposed to the landlord. This will be amplified now.

beemk · 11-14-2008, 01:18 PM

Quote:

Originally Posted by fuzebox

Here I thought your tenant screening process was infallible

no such thing, this isnt a rental though, its a land contract where they put 10,000 down.

FreeHugeMovies · 11-14-2008, 01:21 PM

Each state is different in regards to this matter.

~Ray · 11-14-2008, 01:23 PM

kick him out and take him to court so you will lose and have to pay the court fees as well as maintain/secure the property pending re-rental.

Anything that cost you extra money makes me happy.

Barefootsies · 11-14-2008, 01:24 PM

The law is the law, regardless of the bleeding hearts and boo fucking hoo economy. Varies by state.

To my understanding, late is late. If you can show a pattern of it. They are out. My business partner had some chick who he waited two months to throw out. She then paid in full so he had to let her stay. She then never made another payment for another 60 days. Same thing.

This happened for 9-12 months. Each time him going to court to evict her, getting the notice, the whole deal. She then would pay in full, so he THOUGHT he had to let her stay.

Wrong.

The court told him that if he can show a pattern of this. Next time she is late. BAM eviction notice. No 60 days late. 1 day late. So next time she was 1 day late. Bye bye birdie. Her shit was out on the side of the road.

Pipecrew · 11-14-2008, 01:24 PM

my neighbor was a professional at the eviction game. I think he paid about 3 months rent + fines but lived about 14 months for free. Everytime they came and threatened to evict He would pay the rent/fines and the process would start at step 1 again.

GTS Mark · 11-14-2008, 01:25 PM

Quote:

Originally Posted by LauraLee

This is exactly what I was thinking. How a judge will side today, is much much different than years past.

I have owned several rental properties, as have my parents, and it has always been the rule of thumb that the laws favor the tenant as opposed to the landlord. This will be amplified now.

Yep pretty much

DBS.US · 11-14-2008, 01:43 PM

Tip: Next time put "no pets" in the lease. Every bum has a dog and you can say they broke the lease when ever you want.

AndreaM · 11-14-2008, 01:52 PM

What state are you in? I can help if you're in CA.

MetaMan · 11-14-2008, 01:54 PM

Quote:

Originally Posted by FakeNick

who cares just beat them to a bloody pulp with a baseball bat then they will get the message not to be late again

exactly, i dont know what else advice you need, last guy that owed me money get knocked the fuck out.

DaddyHalbucks · 11-14-2008, 01:55 PM

Call the local board of Realtors, and ask them who is the best real estate attorney in the area. Hire the guy, and kick some ass!

Barefootsies · 11-14-2008, 02:06 PM

Quote:

Originally Posted by DBS.US

Tip: Next time put "no pets" in the lease. Every bum has a dog and you can say they broke the lease when ever you want.

Very true.

woj · 11-14-2008, 04:52 PM

Quote:

Originally Posted by EscortBiz

judge will not side with anything involving kicking anyone out of a home now

id answer different a year ago

Oh? What legal basis would there be for letting them stay and not pay?

beemk · 11-14-2008, 04:54 PM

i got it resolved. a friend suggested i set up a po box and make them sign a waiver saying that i will waive the late fee under the condition that in the future they only send payments there through the mail. this way they wont be able to make up any excuses.

After Shock Media · 11-14-2008, 05:01 PM

Quote:

Originally Posted by beemk

i got it resolved. a friend suggested i set up a po box and make them sign a waiver saying that i will waive the late fee under the condition that in the future they only send payments there through the mail. this way they wont be able to make up any excuses.

Better mention the post mark date sets the time stamp, and that it must be mailed not dropped off. Otherwise it is again he said she said.

Personally I just would of set up a deposit account for them to use. I have them myself. They just go to the damn bank and make a deposit on or before the due date. Penalties listed for bad checks, late payments, etc.

The Duck · 11-14-2008, 05:11 PM

I think they will fail because they taped the payment to the door.

DirtyDanza · 11-14-2008, 05:38 PM

I do property management... if it's a habbit I would evict.. if it's not and they still pay even though it's late thats OK... adding late fee's does nothing because if they had the money to begin with they would have paid on time... it's a tough time right now I would just have a little sit down and talk with them... finding good tennants is hard right now

Ron Bennett · 11-14-2008, 06:36 PM

Slow pay is better than no pay.

Don't do what the credit card companies do*, because adding costs will make it more likely they don't pay anything.

* Most credit card companies have externalized such debt to others, much like many mortgage lenders, and thus don't care if the most of it never gets paid back. Late fees, extra interest, etc are gravy, since much of that flows straight to the credit card company's balance sheet as pure profit regardless of whether the person ends up later defaulting.

Rambling on, but point is a tenant who is at least paying something is better than one who's a total deadbeat, messing up the place.

The PO box is a good idea to have regardless, but, as another suggested, the deposit account approach may be better for that particular situation; I say that because I'd wager you're being hearing the excuse "It's in the mail." followed up by "The mail is slow", or whatever soon with the PO box approach.

Good luck.

Ron

JasonSmokes · 11-14-2008, 10:27 PM

take the front door off for *repair* wait a couple of weeks before returning it.

Worked for me.

11-14-2008, 10:01 AM	#1
beemk CLICK HERE Industry Role: Join Date: Jan 2002 Posts: 20,829	Real estate people - eviction question i have a tenant from a land contract who taped a payment on my door a day late (a day after the 15 day grace period). i made a note of this right when i got the payment in the payment book to be sure it was correct. now they said its not late and they taped it on my door the day before they actually did. they didnt even pay this month and when i sent them the pay or quit notice because its 75 days overdue if i consider that they were $50 short the previous payment since the late fee gets applied first. so my question is if this gets dragged into court how does the judge look at it? its basically my word against theirs, so does the judge look at taping a payment to a door even good enough? usually im cool with tenants but these people have been a pain in the ass since day one, and i dont want to bend the rules at all for them. __________________ I host with Vacares Last edited by beemk; 11-14-2008 at 10:02 AM..

11-14-2008, 10:02 AM	#2
FakeNick Confirmed User Join Date: May 2007 Posts: 739	who cares just beat them to a bloody pulp with a baseball bat then they will get the message not to be late again __________________ this is my sig, it is the only one i have which is why it is mine

11-14-2008, 10:13 AM	#4
Lycanthrope Confirmed User Industry Role: Join Date: Jan 2004 Location: Wisconsin Posts: 4,517	JC is right. Plus, I doubt they would even show up for court and you'll get yourself a default judgement. __________________

11-14-2008, 10:14 AM	#6
EscortBiz Fuck Checks, CASH only! Join Date: May 2002 Location: New York City Posts: 19,422	judge will not side with anything involving kicking anyone out of a home now id answer different a year ago __________________ Spanking, Medical Fetish, Sleeping, Strap-on Anal Lesbians, Girls Fucking Guys, Handjob site REAL HOT, Shemales, Anal and Ass Licking sites 100% Real EXCLUSIVE with amazing retention, ccbill payouts, lots of content FREE FTP HOSTING Promote the largest and oldest member paid escort site, Converts 10 times better then any dating site, CCBill payouts ICQ# 158802076

11-14-2008, 10:15 AM	#7
Rochard Jägermeister Test Pilot Industry Role: Join Date: Dec 2001 Location: NORCAL Posts: 74,696	The guy next door to me got evicted. I knew something was up; Their house has been for sale for a while now. They got the notice on a Friday and then suddenly moved out the next day. This morning some guy came up and put up a new for sale sign. __________________ “The choice is no longer between right or left. The choice is between normal and crazy.” - Sarah Huckabee Sanders YNOT MAIL \| THE BEST ADULT MAILING SOLUTION

11-14-2008, 10:13 AM	#5
cosis Confirmed User Industry Role: Join Date: Aug 2001 Location: Beach Posts: 5,284	so owned

11-14-2008, 11:18 AM	#8
fuzebox making it rain Industry Role: Join Date: Oct 2003 Location: seattle Posts: 22,174	Here I thought your tenant screening process was infallible

11-14-2008, 01:21 PM	#11
FreeHugeMovies Too lazy to set a custom title Join Date: Dec 2001 Location: Charlotte, NC Posts: 14,137	Each state is different in regards to this matter.

11-14-2008, 01:23 PM	#12
~Ray visit hardlinks.org Industry Role: Join Date: Jun 2003 Location: Las Vegas , Nv >>> [email protected] or icq 94994627 anytime Posts: 18,362	kick him out and take him to court so you will lose and have to pay the court fees as well as maintain/secure the property pending re-rental. Anything that cost you extra money makes me happy. __________________ Adult Backlinks for Adult Websites - Testimonials Available

11-14-2008, 01:24 PM	#13
Barefootsies Choice is an Illusion Industry Role: Join Date: Feb 2005 Location: Land of Obama Posts: 42,635	The law is the law, regardless of the bleeding hearts and boo fucking hoo economy. Varies by state. To my understanding, late is late. If you can show a pattern of it. They are out. My business partner had some chick who he waited two months to throw out. She then paid in full so he had to let her stay. She then never made another payment for another 60 days. Same thing. This happened for 9-12 months. Each time him going to court to evict her, getting the notice, the whole deal. She then would pay in full, so he THOUGHT he had to let her stay. Wrong. The court told him that if he can show a pattern of this. Next time she is late. BAM eviction notice. No 60 days late. 1 day late. So next time she was 1 day late. Bye bye birdie. Her shit was out on the side of the road. __________________ Should You Email Your Members? Link1 \| Link2 \| Link3 Enough Said. "Would you rather live like a king for a year or like a prince forever?"

11-14-2008, 01:24 PM	#14
Pipecrew Master of Gfy.com Industry Role: Join Date: Feb 2002 Posts: 14,887	my neighbor was a professional at the eviction game. I think he paid about 3 months rent + fines but lived about 14 months for free. Everytime they came and threatened to evict He would pay the rent/fines and the process would start at step 1 again.

11-14-2008, 01:43 PM	#16
DBS.US Geo Cities Industry Role: Join Date: Aug 2003 Location: North Captiva Island, Florida USA Posts: 11,835	Tip: Next time put "no pets" in the lease. Every bum has a dog and you can say they broke the lease when ever you want. __________________ Make a Free Chaturbate White Label site in 34 minutes and be making money tonight

11-14-2008, 01:52 PM	#17
AndreaM Confirmed User Industry Role: Join Date: Mar 2008 Location: City of Lost Angels Posts: 174	What state are you in? I can help if you're in CA. __________________ Engagement Marketing/Brand Development K2Dynamics, Inc. [email protected] \| ICQ: 40794650 \| skype: andreajmata

11-14-2008, 01:55 PM	#19
DaddyHalbucks A freakin' legend! Industry Role: Join Date: Feb 2004 Location: Las Vegas, Nevada USA Posts: 18,975	Call the local board of Realtors, and ask them who is the best real estate attorney in the area. Hire the guy, and kick some ass! __________________ Boner Money

11-14-2008, 04:54 PM	#22
beemk CLICK HERE Industry Role: Join Date: Jan 2002 Posts: 20,829	i got it resolved. a friend suggested i set up a po box and make them sign a waiver saying that i will waive the late fee under the condition that in the future they only send payments there through the mail. this way they wont be able to make up any excuses. __________________ I host with Vacares

11-14-2008, 05:11 PM	#24
The Duck Adult Content Provider Industry Role: Join Date: May 2005 Location: Europe Posts: 18,243	I think they will fail because they taped the payment to the door. __________________ Skype Horusmaia ICQ 41555245 Email [email protected]

11-14-2008, 05:38 PM	#25
DirtyDanza Confirmed User Industry Role: Join Date: Aug 2002 Location: BP4L.... Las Vegas, Posts: 8,374	I do property management... if it's a habbit I would evict.. if it's not and they still pay even though it's late thats OK... adding late fee's does nothing because if they had the money to begin with they would have paid on time... it's a tough time right now I would just have a little sit down and talk with them... finding good tennants is hard right now __________________ Danza Bucks is back!!!

11-14-2008, 06:36 PM	#26
Ron Bennett Confirmed User Join Date: Oct 2003 Posts: 1,653	Slow pay is better than no pay. Don't do what the credit card companies do, because adding costs will make it more likely they don't pay anything. Most credit card companies have externalized such debt to others, much like many mortgage lenders, and thus don't care if the most of it never gets paid back. Late fees, extra interest, etc are gravy, since much of that flows straight to the credit card company's balance sheet as pure profit regardless of whether the person ends up later defaulting. Rambling on, but point is a tenant who is at least paying something is better than one who's a total deadbeat, messing up the place. The PO box is a good idea to have regardless, but, as another suggested, the deposit account approach may be better for that particular situation; I say that because I'd wager you're being hearing the excuse "It's in the mail." followed up by "The mail is slow", or whatever soon with the PO box approach. Good luck. Ron __________________ Domagon - Website Management and Domain Name Sales Last edited by Ron Bennett; 11-14-2008 at 06:37 PM..

11-14-2008, 10:27 PM	#27
JasonSmokes Confirmed User Join Date: Aug 2007 Posts: 364	take the front door off for repair wait a couple of weeks before returning it. Worked for me. __________________ --- www.angelbutton.com ---