Date: 15/08/25 - 13:48 PM   48060 Topics and 694399 Posts

Author Topic: landloard/tenant laws  (Read 1752 times)

May 27, 2009, 04:17:55 PM
Read 1752 times

Rick Daris

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anybody know anything about these highly complex things? i sure don't.

i've got a house that i rent out and one of the dirtbags is two months late and not returning phone calls. what can/do i do here. any advice would be appreciated. feel free to make fun of me as well.

May 27, 2009, 04:19:15 PM
Reply #1

cas

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I would try to intimidate them into paying you. Like flaming bag of poo with their name on the front of the bag. :dunno:
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May 27, 2009, 04:24:59 PM
Reply #2

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Probably need to post a 3 day "Pay or Quit" notice on the front door. If they don't pay in 3 days, they will have 30 days to vacate. Every state is different, but that's the way it is in California.

May 27, 2009, 04:37:51 PM
Reply #3

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You should probably ask the dirtbag.  Deadbeats usually know the local landlord / tenant laws better than property owners. 
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May 27, 2009, 04:44:01 PM
Reply #4

mrfreddio55

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Nothing written in the lease? My apartment has a thing in the lease that says if rent isn't paid after 10 days they can evict you.

May 27, 2009, 04:54:54 PM
Reply #5

yoga-lika_abana

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Yeah that sucks father y-l_a had a similar experience including breaking things in the house and the tenants stealing items in the house. Said dirtbags then vacated the premises but luckily he knew where they were living and he called the cops and met them at their house and had them return all of the items. Said dirtbags said they thought it was included with the monthly rent. I think he ended up taking them to small claims court for the rent and the property damage. HTH.

May 27, 2009, 06:07:53 PM
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When is the lease up?

Would recommend the small claims court or evict them asap, then take them to small claims court.





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May 27, 2009, 09:11:12 PM
Reply #7

Rick Daris

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4 tenants total. 3 pay rent on time. 1 guy is two months behind. their lease ends at the end of july. should i just let things go and then take the one guy to small claims court? will that work? will i get any money out of it. i kinda don't want to really rock the boat now since i'm getting money from the other three.


May 27, 2009, 09:13:46 PM
Reply #8

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Anyone ever rent from Jack Ryan in Manhattan? Excellent land lord. Never came over unless something was broken (or when the basement flooded the 2nd day of living there). Was always willing to fix things. Very nice guy and he LOVES coffee

May 27, 2009, 10:23:17 PM
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pwrcat1

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Anyone ever rent from Jack Ryan in Manhattan? Excellent land lord. Never came over unless something was broken (or when the basement flooded the 2nd day of living there). Was always willing to fix things. Very nice guy and he LOVES coffee
:love:



May 27, 2009, 10:28:53 PM
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pissclams

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4 tenants total. 3 pay rent on time. 1 guy is two months behind. their lease ends at the end of july. should i just let things go and then take the one guy to small claims court? will that work? will i get any money out of it. i kinda don't want to really rock the boat now since i'm getting money from the other three.


how much will he end up owing you?  do his roommates know he's behind?  leave a note that they will find.  let them know that all of their names are on the lease and can be held liable as can their credit reports.  i'd prob try to talk to the kid in a non-threatening way, something obviously happened if he just quit paying his rent.  maybe he'll work it out with you by summer painting or some other crap?   


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May 27, 2009, 10:30:28 PM
Reply #11

yoga-lika_abana

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4 tenants total. 3 pay rent on time. 1 guy is two months behind. their lease ends at the end of july. should i just let things go and then take the one guy to small claims court? will that work? will i get any money out of it. i kinda don't want to really rock the boat now since i'm getting money from the other three.


how much will he end up owing you?  do his roommates know he's behind?  leave a note that they will find.  let them know that all of their names are on the lease and can be held liable as can their credit reports.  i'd prob try to talk to the kid in a non-threatening way, something obviously happened if he just quit paying his rent.  maybe he'll work it out with you by summer painting or some other crap?   
def. do that. then it will be 3 against 1 and he will be forced to pay you or pay his roomies back.

May 27, 2009, 10:32:56 PM
Reply #12

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You should probably ask the dirtbag.  Deadbeats usually know the local landlord / tenant laws better than property owners. 

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May 27, 2009, 10:34:51 PM
Reply #13

RonLongshaft

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had the same thing happen to me and some roomies, 3 of us paid on time and other dude was months behind before he finally just skipped town, landlord made us pay the difference, so we went and talked to the university lawyer lady and she helped us in the right direction and even sent a letter to him and his dad both stating that we are looking to sue (small claims court) if things are not resolved in time. well the douche bag ended up joining the navy ASAP and left the country so all 3 of us got stuck paying an extra $80+ a month in rent and instead of splitting bills 4 ways it went to 3 increasing gas, electric and cable, so it cost us all well over a $100 bucks a month for 5 months IIRC  :curse:

May 27, 2009, 10:36:26 PM
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pwrcat1

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had the same thing happen to me and some roomies, 3 of us paid on time and other dude was months behind before he finally just skipped town, landlord made us pay the difference, so we went and talked to the university lawyer lady and she helped us in the right direction and even sent a letter to him and his dad both stating that we are looking to sue (small claims court) if things are not resolved in time. well the douche bag ended up joining the navy ASAP and left the country so all 3 of us got stuck paying an extra $80+ a month in rent and instead of splitting bills 4 ways it went to 3 increasing gas, electric and cable, so it cost us all well over a $100 bucks a month for 5 months IIRC  :curse:

Moral of story:  Don't choose dirtbags as room mates. 

May 27, 2009, 10:36:52 PM
Reply #15

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Sorry, Daris, but only a dolt would own rental property. No offense intended. Yes, you can evict them after the three day emergency eviction notice. But, and it's a big but, you have to go to court to have them evicted. You have to wait for the sheriff to serve them the eviction notice and then wait for the court to hold the hearing. Even then, it's hard to get someone out. My suggestion for you is to wait until the lease is up, count yourself lucky and sell the property as fast as you can.

May 27, 2009, 10:39:13 PM
Reply #16

RonLongshaft

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    Honestly I'm gonna miss you Mark!!
had the same thing happen to me and some roomies, 3 of us paid on time and other dude was months behind before he finally just skipped town, landlord made us pay the difference, so we went and talked to the university lawyer lady and she helped us in the right direction and even sent a letter to him and his dad both stating that we are looking to sue (small claims court) if things are not resolved in time. well the douche bag ended up joining the navy ASAP and left the country so all 3 of us got stuck paying an extra $80+ a month in rent and instead of splitting bills 4 ways it went to 3 increasing gas, electric and cable, so it cost us all well over a $100 bucks a month for 5 months IIRC  :curse:

Moral of story:  Don't choose dirtbags as room mates. 

kinda had our back against the wall on finding a roommate and got a bad referral i suppose

May 27, 2009, 10:40:56 PM
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pissclams

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Sorry, Daris, but only a dolt would own rental property. No offense intended. Yes, you can evict them after the three day emergency eviction notice. But, and it's a big but, you have to go to court to have them evicted. You have to wait for the sheriff to serve them the eviction notice and then wait for the court to hold the hearing. Even then, it's hard to get someone out. My suggestion for you is to wait until the lease is up, count yourself lucky and sell the property as fast as you can.
only a dolt would make a blanket statement like that.  many of the richest, most successful people in the country are landlords in some capacity.  furthermore, you can really make a lot of money being a landlord in a college town specifically.  


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May 27, 2009, 10:45:07 PM
Reply #18

yoga-lika_abana

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Sorry, Daris, but only a dolt would own rental property. No offense intended. Yes, you can evict them after the three day emergency eviction notice. But, and it's a big but, you have to go to court to have them evicted. You have to wait for the sheriff to serve them the eviction notice and then wait for the court to hold the hearing. Even then, it's hard to get someone out. My suggestion for you is to wait until the lease is up, count yourself lucky and sell the property as fast as you can.
yeah you kinda sound like an idiot. have the mortgage paid off and make a little extra money and maybe even gain some equity(not in this day and age) and manhattan is in a bubble where the housing market never really seems to change and someone is always looking to rent. as long as you have the patience and an iron clad renters agreement you should be alright in most cases.

May 27, 2009, 10:45:17 PM
Reply #19

Thin Blue Line

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Sorry, Daris, but only a dolt would own rental property. No offense intended. Yes, you can evict them after the three day emergency eviction notice. But, and it's a big but, you have to go to court to have them evicted. You have to wait for the sheriff to serve them the eviction notice and then wait for the court to hold the hearing. Even then, it's hard to get someone out. My suggestion for you is to wait until the lease is up, count yourself lucky and sell the property as fast as you can.
only a dolt would make a blanket statement like that.  many of the richest, most successful people in the country are landlords in some capacity.  furthermore, you can really make a lot of money being a landlord in a college town specifically.  

Hey, I said no offense intended. I know waaayyyyyyyyyyyyyyyyyyyyyyy to many landlords that don't make any money and live at the pleasure of the tenants.

May 27, 2009, 10:46:30 PM
Reply #20

Thin Blue Line

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Plus, you can always sue, but thats worth as much as the paper the decision is printed on.

May 27, 2009, 11:06:53 PM
Reply #21

pissclams

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Sorry, Daris, but only a dolt would own rental property. No offense intended. Yes, you can evict them after the three day emergency eviction notice. But, and it's a big but, you have to go to court to have them evicted. You have to wait for the sheriff to serve them the eviction notice and then wait for the court to hold the hearing. Even then, it's hard to get someone out. My suggestion for you is to wait until the lease is up, count yourself lucky and sell the property as fast as you can.
only a dolt would make a blanket statement like that.  many of the richest, most successful people in the country are landlords in some capacity.  furthermore, you can really make a lot of money being a landlord in a college town specifically.  

Hey, I said no offense intended. I know waaayyyyyyyyyyyyyyyyyyyyyyy to many landlords that don't make any money and live at the pleasure of the tenants.
sounds like they're not very good at being landlords :dunno:   


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May 28, 2009, 07:53:02 AM
Reply #22

Rick Daris

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4 tenants total. 3 pay rent on time. 1 guy is two months behind. their lease ends at the end of july. should i just let things go and then take the one guy to small claims court? will that work? will i get any money out of it. i kinda don't want to really rock the boat now since i'm getting money from the other three.


how much will he end up owing you?  do his roommates know he's behind?  leave a note that they will find.  let them know that all of their names are on the lease and can be held liable as can their credit reports.  i'd prob try to talk to the kid in a non-threatening way, something obviously happened if he just quit paying his rent.  maybe he'll work it out with you by summer painting or some other crap?   

good. this is basically what i did/am doing.

in a couple of days he'll owe about $950 and if he doesn't pay july then about 1250. i have his deposit that i would keep but it would still be 1000 that he owes. do you think i can keep the whole deposit (money that the other renters gave too) if he doesn't pay? we told the roommates about this the other day and did tell them their name was on the lease and that they'd be responsible but i honestly didn't/don't know if legally this was true or not. just kinda made it up.

i've left about four messages in the last week-all non-threatening and stuff, basically "hey this is daris give me a call so we can talk about the late rent you owe and figure out a plan on how you can pay it". hasn't called back yet.



« Last Edit: May 28, 2009, 08:03:47 AM by Rick Daris »

May 28, 2009, 08:27:52 AM
Reply #23

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My dad owns about 70 houses in Salina, he is probably more lenient than most, but you can surely evict them.  You can get the sheriff to go and do it
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May 28, 2009, 08:40:41 AM
Reply #24

Rick Daris

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My dad owns about 70 houses in Salina, he is probably more lenient than most, but you can surely evict them.  You can get the sheriff to go and do it

wow. that's a lot of houses there hemmy. the whole eviction thing doesn't make a lot of sense to me due to the other three still paying and only having two months less in the lease. will ride it out and hopefully get most/all the money from the one scumbum.

May 28, 2009, 09:29:56 AM
Reply #25

Del Tremens

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4 tenants total. 3 pay rent on time. 1 guy is two months behind. their lease ends at the end of july. should i just let things go and then take the one guy to small claims court? will that work? will i get any money out of it. i kinda don't want to really rock the boat now since i'm getting money from the other three.


how much will he end up owing you?  do his roommates know he's behind?  leave a note that they will find.  let them know that all of their names are on the lease and can be held liable as can their credit reports.  i'd prob try to talk to the kid in a non-threatening way, something obviously happened if he just quit paying his rent.  maybe he'll work it out with you by summer painting or some other crap?   

good. this is basically what i did/am doing.

in a couple of days he'll owe about $950 and if he doesn't pay july then about 1250. i have his deposit that i would keep but it would still be 1000 that he owes. do you think i can keep the whole deposit (money that the other renters gave too) if he doesn't pay? we told the roommates about this the other day and did tell them their name was on the lease and that they'd be responsible but i honestly didn't/don't know if legally this was true or not. just kinda made it up.

i've left about four messages in the last week-all non-threatening and stuff, basically "hey this is daris give me a call so we can talk about the late rent you owe and figure out a plan on how you can pay it". hasn't called back yet.





If you have any lawyer friends, I'd take your lease and ask them for their quick advice.  IIRC, you can't usually use a security deposit for rent.  Also, a lease agreement usually has something about the tenants being "jointly and severally liable," meaning that you can collect the unpaid rent from any of them.  Then I think they can go after each other.

May 28, 2009, 11:03:55 AM
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The time for being nice about this is over.  Go over to the place and pretend like you're inspecting an air filter or something.  Then go into his room and leave a bullet on his nightstand.
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May 28, 2009, 11:09:19 AM
Reply #27

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Sorry, Daris, but only a dolt would own rental property. No offense intended. Yes, you can evict them after the three day emergency eviction notice. But, and it's a big but, you have to go to court to have them evicted. You have to wait for the sheriff to serve them the eviction notice and then wait for the court to hold the hearing. Even then, it's hard to get someone out. My suggestion for you is to wait until the lease is up, count yourself lucky and sell the property as fast as you can.
only a dolt would make a blanket statement like that.  many of the richest, most successful people in the country are landlords in some capacity.  furthermore, you can really make a lot of money being a landlord in a college town specifically.  

Hey, I said no offense intended. I know waaayyyyyyyyyyyyyyyyyyyyyyy to many landlords that don't make any money and live at the pleasure of the tenants.
sounds like they're not very good at being landlords :dunno:   

You've got to remember that he's in rural Kansas.  The only renters in rural Kansas are meth heads, welfare moms, binge drinking kiddies, and other various & sundry sorts of deadbeats.
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May 28, 2009, 11:30:22 AM
Reply #28

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4 tenants total. 3 pay rent on time. 1 guy is two months behind. their lease ends at the end of july. should i just let things go and then take the one guy to small claims court? will that work? will i get any money out of it. i kinda don't want to really rock the boat now since i'm getting money from the other three.


how much will he end up owing you?  do his roommates know he's behind?  leave a note that they will find.  let them know that all of their names are on the lease and can be held liable as can their credit reports.  i'd prob try to talk to the kid in a non-threatening way, something obviously happened if he just quit paying his rent.  maybe he'll work it out with you by summer painting or some other crap?   

good. this is basically what i did/am doing.

in a couple of days he'll owe about $950 and if he doesn't pay july then about 1250. i have his deposit that i would keep but it would still be 1000 that he owes. do you think i can keep the whole deposit (money that the other renters gave too) if he doesn't pay? we told the roommates about this the other day and did tell them their name was on the lease and that they'd be responsible but i honestly didn't/don't know if legally this was true or not. just kinda made it up.

i've left about four messages in the last week-all non-threatening and stuff, basically "hey this is daris give me a call so we can talk about the late rent you owe and figure out a plan on how you can pay it". hasn't called back yet.





Some states don't allow security or cleaning deposits to be used as back rent. In the future you may want to collect first and last months rent + a cleaning deposit at move-in.

May 28, 2009, 12:25:45 PM
Reply #29

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4 tenants total. 3 pay rent on time. 1 guy is two months behind. their lease ends at the end of july. should i just let things go and then take the one guy to small claims court? will that work? will i get any money out of it. i kinda don't want to really rock the boat now since i'm getting money from the other three.


how much will he end up owing you?  do his roommates know he's behind?  leave a note that they will find.  let them know that all of their names are on the lease and can be held liable as can their credit reports.  i'd prob try to talk to the kid in a non-threatening way, something obviously happened if he just quit paying his rent.  maybe he'll work it out with you by summer painting or some other crap?   
All depends on who the lease is written, it may be the group is responsible or the individual.  If it is the group demand that the other 3 come up with the short fall. If they don't comply then you may take them all in the same trial to small claims court, my guess is the other 3 will take care of it between them all.





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