Peaceful Eviction/ deposit ?

Question

Sept 09 signed a one year lease with renter and unemployed boyfriend. He was hanging out with another renter of mine nearby. This guy stole some checks from them, about $100. I got rid of the thief, but they have given me grief ever since and only gave me half of the $425 deposit, refused to pay the rest.
  In Jan, she gives me a two month notice. Also in that month, her pipes froze and we had trouble restoring for five days. They left for a few days and we couldn't get inside, had trouble locating the problem, etc. The thermostat went out about a week ago, sent someone immediately to replace. They told him everything was OK, he left, but they couldn't get pilot light lit and never called back until late that evening to curse me out and threaten me with lawsuits, personally, etc.
  I decided to give them an immediate 30 day notice in case they changed their mind about leaving Feb 30th and to make it clear I expected the full month's rent early. I also told them I would prefer they would leave immediately because of the threats, etc. I have even offered a partial refund if they leave the place peacefully, clean, etc.
  I can't even speak with them without being cursed out. I tried texting and they called and left a vicious voicemail not to text, but call. Told them I would only communicate by email or through maintenance people.
   At this stage, really just want to get them out, make sure I collect the full last month. I'm guessing they try to subtract the deposit and probably run up the utilities.
   This guy has bragged a lot about his connection to biker groups, military background etc. 
   No, I don't (yet) carry a gun. Any experienced LLs with advice?

Ralph S. · Answer

While I mostly agree with everyone else,

So, in the worst case, when they find your dead, lifeless body, the Police will at least have "a person of interest."  :D

Mountainjoepa, you've got to improve.  Not getting the depo and rent before they move in, 5 days to fix a broken pipe, sending someone over there that doesn't verify everything is working correctly, not even having your own key, using a 30 day notice with a lease instead of a 3/5/7 day pay-or-quit (whatever is customary in WV).  Better tenant screening might also help.  You've got a lot of room to improve.  It's not their property, it's yours.  I'm curious to know WHY the pipe froze, and what's being done to prevent that in the future?

When you find yourself in a hostile situation, just turn it over to someone else, like a lawyer.  Seems that's an area you're little behind the curve on, too.

While bad behavior is never an answer, I think some of this is self-inflicted.

Account Closed · Answer

Joe, you asked for advice, so please take this with the understanding that I am trying to help.

You are buying into the tenant's drama, and you've got to figure out how to be more businesslike.

You've lost control of this tenant, so I suggest that you hire an eviction lawyer and turn the whole thing over to him. Do not have any more contact with the tenant.

If you can locate the lawyer that all the big apartments use for evicitions, he won't be expensive because he is doing evicitions in bulk.

In future, do not allow any tenants to move in before they pay all rents and deposits.

In future, never rent to any unemployed boyfriends. You want your rent. You aren't going to get it from people who don't have any income.

Repairs that affect living conditions or health must be done immediately.  You absolutely can not leave a tenant without water for 5 days, or without heat for so much as overnight.

Some tenants will try to suck you into their craziness. You have to learn how to refuse to be drawn in. Do not fight with them. Do not argue with them. State the rules calmly and then enforce them calmly and firmly. Keep some distance between yourself and your tenants. They aren't your friends.

I do not do leases. if any of my tenants cursed at me, threatened me, or refused to allow me in to do repairs, they would receive their notice to vacate.

I am professional, and they had by-god-better treat me with respect because I am not willing to adopt and raise any 35 year old tantrum-throwing toddlers.

Account Closed · Answer

I once had a tenant who sounds a lot like this guy - a walking nightmare.  He was full of hot air - but you never know. I went through the legal steps to have him evicted and he stayed until the day before the court date and did not show up in court.  It was a long frustrating process but he was out.  I have also paid people to get out and that has worked too - they leave and don't trash the place on the way out or they get no deposit back.

Kevin Yeats · Answer

Well stated P NW

Michael Rossi · Answer

By that twisted logic, then cops shouldn't carry guns so that they can't  be shot with their own gun.  Moreover, you just made that up regarding the percentage of officers killed with their own guns.  The majority of officers killed are NOT killed with their own gun!  In 2003, only 10 of 52 officers were shot with their own gun.  The bottom line is that whether you're a landlord or a cop, YOU NEED FIREARMS TRAINING!  Or, you can just be an unarmed sheep and choose to be a victim.

Yep, most are full of hot air.  On the other hand, it only takes ONE that is for real to put your life in danger.  I've been threatened by many scumbags without anything real coming from it  -  until the day a violent convicted felon started stalking me AFTER I WITNESSED AN ATTEMPTED MURDER!

Bill Gulley · Answer

Hi, when you have a tenant like that it's ually hot air. When you are threatened you need to report it to police. This gives a record of their conduct and in the event of trouble, past police reports will be very useful. I'm not a guy that can be intemidated, Unless you are trained in close combat situations I strongly suggest you not carry a firearm, even if you have a permit to carry! There are many who can take that weapon away from you and use it on you. Most police officers involved in an officer shooting are shot with their own weapon! Having any weapon gives people a false sense of security and they may tend to stay too long in a volitile situation where they normally would leave. Use your head! Bill

Michael Rossi · Answer

It's too late to get a gun AFTER you are shot!

NEVER, EVER LET SOMEONE MOVE IN WITHOUT PAYING ALL OF THE RENT AND DEPOSIT IN FULL AND IN CASH!  This is a self-inflicted wound.

Where was your key?

You have absolutely no right to expect anything early.  You should expect things to be paid per the lease.

If you are uncomfortable being threatened occassionally, you're in the wrong business.

If they don't pay the rent in full by the due date, immediately file for eviction (for non-payment).  They shouldn't be able to run-up the utilities because you shouldn't be paying the utilities!

Gamal R. · Answer

Take the proper legal steps to evict them. I'm sure they are not complying with the lease since you cant get into the properly to make repairs. 
Why don't you have a spare Key? Learn for next time.

Try what you can to collect the money but be happy to get them out SOON.

Joe Pitrolo · Answer

I'd prefer not to go to court, but I am prepared and will immediately if full rent is not paid. 
 Lady told me she had reported me to the news media?

Peaceful Eviction/ deposit ?

Most Popular Reply