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Updated about 9 years ago,

User Stats

138
Posts
27
Votes
James W.
  • Investor, Entrepreneur
  • Greenville, WI
27
Votes |
138
Posts

Eviction notice sent out on Day 3 of tenancy... oy vey

James W.
  • Investor, Entrepreneur
  • Greenville, WI
Posted

Howdy BP! I'm hoping to get some feedback before I make a mess out of an already sticky situation.

Here's the deal: On a duplex I recently purchased, the upper unit was vacated before I took possession. Cool, because the carpet and paint hadn't been replaced in at least the last 5 tenants, or 15 years, or longer. The stove and fridge were so bad I just threw them out and got replacements. I redid the entire floor, painted, and made the place actually livable!

With all that said, the place is by no means "nice". It's small, I wasn't able to get it professionally cleaned, and the bathroom needs updating. But for $450/month with heat included, I'm not going to turn it into the Taj Mahal (at least not until I've turned some profit on it!)

Now for the tenant. Here's the timeline:

08/25 application & walk through. Male tenant looks HORRIBLE on paper - at least $14,000 in judgments, minor criminal, etc. Needs a place of his own to help with a custody situation. Female has a restraining order against her, violated the restraining order, but nothing else serious. I decide to rent to them.
08/26 signed lease in office - did not bring funds 08/27 no show - no deposit
08/28 paid $350 cash
08/31 rec'd call from Assistance that they may assist with $250 toward SD - did not mention that they would need additional assistance. 09/01 no show - no payment
09/02 paid $100 cash; said St. Vincent was assist with $200 toward SD 09/02 - took possession of unit, with the understanding that the deposit would be funded promptly.

09/03 rec'd $200 check from St. Vincent (did not cash)

09/04 Still haven't received full security deposit.

===========================================

Ok, now here's where it gets interesting. My first question should be simple enough:

By giving them the keys, am I obligated to wait for the security deposit? Or can I send a 14 day notice immediately with no right to cure?

The female has expressed that the place now does not meet her requirements, and in fact called the building inspector because she believes it is not in livable condition. The male informed me that he believes he has legal rights to stay in the apartment. On the August 26 date, the female walked in my office and helped herself to a cup of coffee out of my Keurig without even asking. (I wasn't present, and when I heard about it I immediately thought I should get out... lesson learned, trust the gut!)

I have already sent a 14 day notice, and I informed them that I will return all the money they paid as soon as they are out, because I know they need it. 

Comments appreciated. Happy investing! :D

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