All Forum Posts by: Mark Lamendola

Thank you everyone for taking the time to reply, and advise.

After talking to a friend of my sister on the phone the other night (who is part of a small group that buys houses to rent), and after explaining everything, he basically said the same as you guys. Eviction.

But when he used the term "professional tenant", I knew I had picked a winner (sarc).

So, after thinking about things, and the fact that she's already living there without making any real effort to pay May rent (other than promises), and due to my lack of experience in dealing with this,
I called a lawyer this morning and we're going to start with the 3 day notice to pay and then eviction.

Hopefully we can get her out by the end of June (can't believe it might take a month?!?!) and then I can start interviewing to get a good (paying) tenant in by July.

Also, I found this book on Amazon:

The Book on Managing Rental Properties: A Proven System for Finding, Screening, and Managing Tenants with Fewer Headaches and Maximum Profits

Not for making big profits, but I think I could really use some help in the screening process, lol.

Thanks again,

Mark.

Thanks Rocky,

My forms say lease terminates... Is that same as eviction or do I need another form?

Thanks Charlie for your reply.

I can't agree more that handing over the keys before I had security / rent was my first mistake.

The contract I have came with other documents including:

1. 3-day notice to pay rent or lease terminates - Residential.
2. Notice of default in payment of rent warning prior to demand to pay or terminate residential lease.
3. Notice of breach of specific provisions of written lease with right to cure residential.
4. Notice of breach of specific provisions of written lease with no right to cure residential.

My fiancée wants to wait and see if she pays rent. I feel the tenant has lied and some things just don't add up...

I know I was too trusting and messed up.

If she cooperates, I still need to give her 30 days notice?

If she doesn't cooperate, is it as difficult as people say it is to evict someone?

Mark.

Hi everyone,

I could really use some help / advice.

I own a mobile home in a park in New York State. We moved out about 18 months ago and bought a bigger home. I have been trying to sell the mobile, but have had no luck. The home has become a financial burden on me and park owner finally decided to allow me to rent it out.

I really thought I was covering the basics... We (my fiancée and I) interviewed lots of people and I had to turn down several for reasons I thought best. I was "looking out for myself". I had an application. Papers for background check as well as credit check. (although I didn't require those)      I had a contract. I added an addendum for more things to "cover my butt"... I didn't allow smoking or pets. I took pictures of everything. New batteries in smoke detectors. Had furnace serviced and even bought a carpet cleaner and cleaned the carpets. I was going to be a good landlord!

We had a woman look at the home and was immediately interested.

She brought with her letters of recommendation from her previous landlord, and her employer. She had the last six months pay stubs, which showed she made plenty to easily cover the rent. Even had copies of her drivers license. We liked her.

So now the problem...

We met May 1st to sign the contract. She even brought her elderly parents to see the place. We both signed our own copies of the contract. Our agreement was security deposit was due that day, and she'd move in May 8th and pay rent for May at that time.

She gave me a check and I gave her the keys so she can get started moving in. She had a rental truck and family helping her on the "official" move in day on May 8th.

Well, around May 6th or 7th, cant remember when, I received a letter from my bank that informed me that her account was closed. No other information. We texted her right away and she had no idea why it was closed. Later she would say her bank closed it because it was "compromised", but then said the previous landlords returned security deposit check had bounced, and promised to pay cash on the 8th.

Now, as you know the 8th was Mother's Day... But we squeezed in some time to go over and sure enough there was a U-Haul truck backed in and her parents helping her move in. So we talked a bit and she informed us she did not have the money because she was still working on getting things cleared up with the other landlord and the bounced check. Why I didn't take the keys then? I am banging my head about that. But she promised to not move in until she pays us something.            We agreed and leave.

After a couple other promises to pay on certain days and not paying, we met on the 10th and she paid me the $700 in cash for security deposit, and promised to pay rent for May on the 12th, and once again, promised not to move in until that's paid.

She didn't pay rent on the 12th. She didn't call. She didn't text. So I drove out there around 9:30 last night and drove through the mobile home park... And sure enough, she was there. Her car in the drive and some lights on. I almost wanted to bang on the door. Just so she knew that I knew... But I didn't.

I would like to say that on the 9th, even though she had personal belongings in the home, I had purchased new locks / deadbolts and was ready to change them. I called the local Sheriffs office to inquire if it was within my rights because at that time I had no money from her. The person I spoke to was very strict in saying that I could not change the locks. So I didn't. Stupid me.

So, here I am.

I finally have the security deposit and a tenant that has appeared to be moved in and no rent money.

Not sure what to do.

I apologize for the long story but felt I needed to tell as many details as possible...

Hope I am not as screwed as I feel I am...

Mark