Con Artist got me in a bad way!

[James Bordeaux]

Hi Everyone,

I need some help. First time fix and flip turned sour and turned into a rental (Not because I wanted to) Ran out of money and needed to get a renter fast to help keep house a float. The 2nd contractor I hired turned out to be a con artist. While he was helping me "fix my house" and took me for 3k in extra repairs got me a tenant and helped get some of the rent money. Now, he's gone with no communication from him (phone voice mail isn't even the same person), the renter (who has a fake voice mail) or anyone else for that matter. We signed a lease agreement that tenant would pay rent plus an extra $350 to cover utilities. (I know, you are all already going rookie mistake, hind sight I assure you)  So, now I have someone living in my house and I am about to file bankruptcy (CHP 7) and have no money to pay for an eviction.  If the "con-tractor" is known for artistry of conning people and has a felony record, can I just call cops and kick them out and turn off utilities? Can they sue me if I don't pay the utilities? I can't prove that anyone actually lives there. And I only got a portion of rent from September. Oct. was due no later than the 7th.

Again, I have no money for lawyers fees for evictions or paper serving or what ever else they will charge for. I have no money to get anyone on the ground to see if there are any issues with the house or check up on it (management company). But, I do have confirmation from a lawyer that the person (con-tractor) is a felon and is widely known for conning people.  

What are my options here? Frickin sewer and water bill is 200 bucks!!!! WTF! 

Please help! 

Thank you,

Lessons learned.

[Patricia Steiner]

Let's start here:  you have an executed lease (good job!) with a tenant who isn't paying you per the terms of the lease (it happens...).  Leave everything else behind you - you survived all that.

You cannot turn off utilities.  Under your lease, you provide those and he is suppose to pay you a fee as part of his lease.  But you can do quite a few things including:

1.  Today, right now, send him a Notice To Quit For Non-Payment of Rent.  If you have his email, send it that way - and post/tape it on his door in an envelope - and mail it by certified mail with proof of delivery plus address correction requested.  Go online to get your state's form; fill it out - do it today.

2.  And, while you're at that, give him Notice To Inspect.  Every state has a notice period that the landlord must give the tenant in advance of entering.  Here's Vermont State Law:

"Landlords may enter the property between 9:00 a.m. and 9:00 p.m. with 48 hours notice for specific reasons: Inspection of the property."

Post that Notice on the door as well:  all it has to say is "As per Vermont Landlord Tenant Laws, I will be inspecting your unit at 9 a.m. on ____________, having given you the required 48 hour notice."

Then go...take a witness with you.  Knock first then enter with your key.  If he's not there, take photos; document whether he is living there or not and the condition of the unit.  If he is there, let him know that you have started eviction proceedings and he needs to leave.  

3.  Go to this site:  
https://www.american-apartment-owners-association.org/landlord-tenant-laws/vermont/

Scroll down the page to Abandonment and Termination of Tenancy...those are your rights.  Know those and do those.  If he's abandoned the property - great!  If he hasn't but he isn't paying, you could be 14 days from kicking his butt to the curb.

Bottom line:  You are stronger than you think.  You have more control than you think.  You have to know the law so you can act - and fast.  

And, as for that contractor...good riddance. That's in the past.  Fix what's broken and get on with your life and running your investment business.  

You've got this.