All Forum Posts by: Danny Minhas

Couple of things that jump at me.

#1 - Small claims court.  As been already states, it's going to be like Judge Judy.  Don't be surprised if the judge asks you to work with a mediator. You'll basically go into a room and discuss the issues, and monies.  You will probably hear that she wants to get paid because as the case worker mentioned, she is close to losing her Section 8 bfits.

#2- You don't have to get a lawyer, but it is probably good advice to get one or at least consult one.

#3 - Unless the former tenant has pictures or  documents alot what she will say will be hearsay.  No judge wants to waste their time with hearsay.  The more they talk with no proof, the more likely the judge will get annoyed and toss the case.  I had a situation like that with a family member that tried to sue me.  I had all these papers, proofs, signatures, pictures.  The family had nothing, and after 5 minutes, the judge tossed the case and I was awarded the verdict.

#4 - There is a chance the person might not even show up to court, which will grant you an immediate judgement.  That happened to me when I was evicting a Section 8 tenant.

Long story, I get it, no one wants to go thru this.  It's a waste of time and an emotionally taxing experience.  But use this experience as a learning experience for what not to do with tenants so that if you ever end up in a similar situation you will be less likely to be nervous.
Based on your diligence with making repairs, keeping notes, and have everything documented I do not believe you will be in trouble.

I'm not a lawyer so don't hold me to it, but you do have a strong defense and you show yourself to be a very diligent landlord.

Hi Everyone,

I bought a MF property about 2 years ago and made the rookie mistake of going out on the limb for a family falling on hard times.  

Long story short, there were issues with the tenants, and I eventually got them evicted around this time last year.

Today I found out they are suing me because of a slip n fall from about 15 months ago. 

The town has laws stating that when it snows, cars need be moved off the streets.  I moved my wife's and my car onto the driveway.  The tenant, who was walking with a cane, refused to use the walkway and proceeded to walk down the driveway to their car.  Due to my car being on the driveway, the tenant steps on the wet grass, and proceeds to slip and fall landing on his bum.

Little backstory, they use  a side entrance to get to their upstairs apartment.  The side entrance has a walkway that wraps around to the front of the house and down to the sidewalk.

I'll being reaching out to my insurance company tomorrow, but it sounds like this tenant is just looking for a quick easy payment.

I am curious to any advice, or if anyone has had any similar experiences.

All valid and good points.  Thank you friends.

I will be looking to reach out to a lawyer to begin eviction process as a backup. 

Additionally I will update the Master Document of the Lease to include unpaid utilities is equivalent to unpaid rent. 

Can't thank you all enough.

I recently purchased a 2 unit MFR in NJ. My first MF purchase; and hopefully, not my last. My family lives in 1 unit, and I have rented out Unit 2 to a family that gets SSDI, plus rental assistance from an agency called Alternative.

Long story short, tenants pay for their utilities, and are on a M2M lease.  I have a separate meter for electric & gas, and the water is divided based on percentage.  Usually I would provide a copy of the water bill, with explanation of the breakdown of the costs.

The last 2 months they have elected not to pay the water bill. 

My lease states that the tenant is responsible for those utilities, but I do not have any wording that states unpaid utility can be treated as unpaid rent.

Additionally, I've had some issues with the tenants.  Generally it's due to the loud bass coming from their car stereo system.  The most recent was when a verbal altercation occurred with my wife.  My wife usually stays out of the matter, but she lost her cool.....

Just before Thanksgiving, I gave the tenants a 30 Day Notice of Non-Renewal.  Their agency, Alternative, asked for an extension to mid-January or later because they have located a new apartment for the tenants, but it will not be ready till Feb 1st.  Originally, I gave them to Jan 5.  The case worker informed me that regardless of the 30 day notice, I still have to file eviction. 

I am aware of this, but due to the most recent altercations I decided to accept the tenants till Jan 31.  The Case Manager (to make the peace) also added additions such as their car is not allowed on the premises and the tenants must be respectful of inside noise after 10pm.  The case manager and I came to a verbal agreement, and I wrote an email to her and her manager confirming the agreement.  I am in process of waiting for it to come in writing.

Additionally, one of their kids damaged my garage.  The damage was minor and only $150 to repair.  The kid has a part time evening job and he pays me about $20 every 2 weeks.  He still owes me $100, and hasn't paid me the last 4 weeks.  The tenants also owe me $150 in back pay for a non-refundable pet deposit.  They have paid $250 of the $400 that I charged. 

My concern is, I have zero faith the tenants will move out on Jan 31. Should I proceed to start an eviction process based on the fact that the tenants are in violation of breaking the lease, which is they haven't paid their water bill and take out the rest of the money owed from the security deposit? or is there something else I should be doing.