Nightmare tenant

[Terri Mccullough]

I need advice or someone to talk me off the edge of the cliff. My tenant had been one month behind in rent since August of 2014.  I realize this is my fault for renting with a heart instead of a business purpose and in have learned my lesson and have taken advise from this site tomheart!

 In 2008 she took in her drug addict Sisters baby.  At the time Division of youth and family services inspected the house.  They required radiator covers which they provided.  2 yrs later she calls to tell me that bathroom floor is rotted.  Upon inspection we found that it is rotted down to the floor joists.  The toilet had benn leaking and she never told us.  We made the repairs.  Next, she gets behind in rent, a little over 2,000.00.  I file eviction papers, the day before court she files chapter 13 bankruptcy.  This is in 2010.  She doesn't follow through with the repayment plan and the court attached her wages.  We were paid in full in December 2015 at about 135.00 per month. 

In May of 2015 I told her I had enough and she had been a month behind for almost a year and we were filing eviction papers again.  At this point I secured a relief of stay from the bankruptcy court.  She panicked and devised this whole plan on how she was going to pay the back rent and stay current with the rent that was due monthly.  Being kind people we agreed.  She made us put it in writing so that once she paid us we wouldn't evict her.  Guess what?  Of course she did not follow through with the payment plan.  Then she says when my income tax comes in.  Well her first bankruptcy was discharged December 28, 2015 and on January 5, 2016 she filed again.  I immediately file for a relief of stay and received it ( 6 weeks later mind you) and told her that the relief allows me to evict her for the back rent.  She then proceeded to tell me that the bathroom floor is rotted again.  Sure enough upon inspection it is even worse than the first time.  We gutter the whole bathroom down to studs and had to put them in a hotel for 5 days!  

When we went in to make the repairs we found the house is filty, disgusting.  There are cats in the house even though the lease says no pets. We issued a 10 day notice to cease and a 30 day notice to quit on March 31, 2016 which required her to vacate on May1, 2015.  eviction papers were filed April 12th.  First court day May 11, on May 9 she informed the court that she hired a lawyer.  They had to reschedule court for May 18.  On May 16 the eviction court called to tell me that she delivered bankruptcy paper to them so court is canceled.  I indicated no, I have a stay from the bankruptcy court she said the bankruptcy docket number is different.  Call the bankruptcy court..she never paid her filing fee so on Friday they dismissed it and on Monday morning she refiled.  I applied for the relief of stay AGAIN.  Won't be heard by the bankruptcy court until June 14th.  The eviction court will need at least 14 days after I secure the relief to reschedule us.

I am just beside myself.  I cannot believe that as the owner of the property we have no rights.  I followed the law, she played the law and got away with it.  I am in NJ.  There has got to be a better way to get rid of this piece of trash, scum bag

Oh...and she called on Saturday to,say the new toilet was leaking again and it finally dawned on us what the problem is.  The radiator cover in the bathroom doesn't allow her 350 lb boyfriend to sit on the toilet the right way.  He's sitting sideways and breaking the way seal! Not to mention he probably has to rock to get off the darned thing.

Please, any advise to be done with this while mess would be greatly appreciated.  I'm ready to,have a stroke over all of this. Shes into us for over 5,000 right now with June rent around the corner.

[Marcia Maynard]

@Terri Mccullough

1.  Absolutely get a top-notch attorney who specializes in landlord-tenant law. Know and abide by the laws for your jurisdiction.

2.  Keep calm. Be polite, fair, and firm in all interactions.

3.  Focus on your goal, not the distractions the tenant is causing. Your goal at this juncture is to reclaim possession of your property with the least amount of damage. 

4.  The money you lost will probably never be recovered. Be willing to let it go. Don't negotiate a plan that let's them stay if they pay. They will continue to cause problems for you.

5.  Document EVERYTHING. Keep a log of every interaction. Take photos of all damages with date stamps. Have a witness with you whenever you visit the property.

6.  Communicate by legal notices and letters. Avoid the use of email and texting. If you phone or speak to the tenant in person, have a witness with you.

7.  Are you using a long-term lease or a month-to-month rental agreement? When is the lease/rental agreement up for renewal? What would it take in your jurisdiction to terminate the tenancy "no-cause." What would it take in your jurisdiction to terminate the tenancy for cause (non-payment of rent or for other violations of the rental agreement)?

8.  Scour over your lease/rental agreement and identify all violations. Schedule a maintenance inspection and keep an eye out for other violations. Watch the property like a hawk. Serve legal notices for each violation and follow through.

9.  Bankruptcy may reprieve them of their monetary debt to you, but you should be able to evict for other reasons.

10. Call me before jumping off the cliff. I'll talk you out of it. :-)