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.

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!

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

so owned

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

id answer different a year ago

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.

Here I thought your tenant screening process was infallible :winkwink:

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.

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

Each state is different in regards to this matter.

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.

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.

:1orglaugh:1orglaugh:1orglaugh

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.

Yep pretty much

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.

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

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

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!

Very true.

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

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.

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

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

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

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

Worked for me.