All Forum Posts by: Account Closed

Im going save an iteration of this in my notes on my phone.. Soon as they start in with the excuse.. ill copy,paste,send. 

 Now that I think about it more, I'm thinking the same thing. I always tell myself I need to run my business as a business and not let my emotions have any say in my S.O.P's. The nice guy in me says, let him prove it and then remove the late fee. The business guy in me says, he's probably making the whole thing up. Even if it's actually true, why should I care when my mortgage company, cell phone provider, etc doesn't care if I lost my wallet. Also, I don't have too many properties at this point in time, but there's no way I could let myself spend time of figuring out if their excuse is actually true when my business has scaled up significantly. 

Hey BP folks, looking for a situation opinion here. First time this has happened to me.

I solely utilize buildium's e-pay service for rent collection and for the fisrt time had an "echeck" reversed for NSF. The tenant just moved in on 3/1/16 (@ $600/mo) and then wanted to pay the rent for april a couple weeks early via cash while I was there working on the lower unit. My reply was that he pay online through the tenant website as it is a condition of our lease agreement, its convenient, safe, yada yada. So on 3/31/16 he made the online payment, great. Then on 4/5/16 the payment was reversed due to NSF.

On 4/6/16, i applied the $50 late fee(normally is applied on the 2nd, no grace period) and applied the $35 NSF fee. Then I let him know the situation he asked if I was sure beacause he had a receipt for payment(buildiums auto email for making the payment) I replied with yes, check your bank and you'll see that I was never pulled.(confirmed this with buildium/forte). No response from tenant

On 4/8/16 he texted me that he needs a few extra days because he lost his wallet on the bus and someone used his card to overdraft his account and they have to do any investigation. My response was your 7 day notice was issued on the 6th so you now have 5 days.

Today I let him know that I would be going to the court house on the 14th to file for eviction if the balance was not paid. I also let him know that I removed the NSF fee as it never hit my bank and therefore my bank is not charging me for it. His reply, "so I just have to pay the 600 rent"

I haven't replied yet. So do I stick to my guns and leave the late fee on his account? Remove the late fee in hopes that this is a one time fluke? Remove the late fee if he proves to me via bank statements, investigation reference #, etc that his claim of losing his wallet is actually true.

Thanks guys, sorry for the long post.

 Indeed it is. However my cash for keys thinking is not to just not pay her..  It would be more like paying her by giving her a credit towards what she owes us on the money judgment. 

 Yes a nasty brown stain! Lol

 But it's so tempting! Haha. Yeah I know we have to get the power of attorney taken care of. It's a little more complicated since her two sisters are joint guardians, but not appounted conservators. We're in the process of getting that taken care of by our lawyer.

Yeah tell my mother that it shouldn't have gone this far.. I gave the tenant the notice to quit for non payment back on November 21st and finally had to drag my mother into court to file in mid January cause she wouldn't go. 

There are no statutes in MI on tenants belongings after abandonment/eviction. I'm sure there may be some type of case law/rule of thumb type thing though. Normally when they are evicted the city requires a dumpster to be present so they city contractors have somewhere to dump the junk. I have the dumpster company on standby during the removal process so they can take it away immediately.

Anyone offer cash for keys, get them to accept and have them sign a return of possesion form. Then change the locks and don't pay them a dime.

This tenant has a $4800+ balance and the judge just awarded my mother $1700 today after listening to the tenants sob story. Unbelievable.

Yes I know it should have never went this far but my hands are tied legally, it's not my tenant/property and my mother isn't really capable of managing anymore. The place is full of junk, including the basement. If we have to actually evict it will cost us a good amount, if she leaves on her own before eviction we'll be left with all kinds of junk. I don't think not paying her a few hundred to move out is anywhere near stooping down to her level. Maybe I'll just load up a dump trailer with all her crap and help her move her stuff into a big pile on her new front yard haha.

Thanks for the input Jassem, I was able to drag her into the court house and have her file today. I think ill just have to talk to my lawyer about this going forward though.

I figured this would be the consensus. I decided not get myself involved in this mess. No sense of putting myself in the middle of a potential legal predicament especially just so she can get free money. I knew I should have stayed away from section 8. It has only been 2 weeks since she moved in and theres already problems.  Geez wheres my free money?!?!Thanks for your opinions!

So I have a section 8 Tenant that just moved in and paid the security deposit via money order. Section 8 is paying 100% so didn't collect anything for rent. Now a couple weeks later she calls and says that some organization.. united housing coalition? has cut a check to me for the security deposit. Apparently she originally barrowed the money from her aunt(so she says) and needs to pay her back. So shes wanting me not to tell this organization that she already came up with the money and to cash the check and give her the money so she can pay her aunt back. There was no mention of this until she called and said the check is ready to be picked up and she says don't tell them that we already paid the deposit.

So at first I thought this is ridiculous and have no obligation to even go get the check. Then I thought well ill go get the check and charge her accordingly to do so. Then take the remainder and put it as a credit on her balance towards the water bills/future tenant portion of rent that she probably wont pay. If I do that I'm sure shell be upset and more likely to destroy the property. If I do cash the check, and either put it as a credit or give it to her I might be putting myself in the middle of legal trouble. Seems I should tell her we are not going to cash the check and she needs to call them and explain her situation and if they want us to return the check so they can cut a check to her aunt they can do that.