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All Forum Posts by: Stephanie Lo

Stephanie Lo has started 1 posts and replied 13 times.

Thank you again @Levi T. I posted my second question w/o seeing your second response.

Originally posted by @Levi T.:
Originally posted by @Stephanie Lo:

I'll start off saying I know I made a lot of mistakes with this renter/ roommate. I'm a little shy so my spouse does most of the talking and screening. Big mistake this time around. The room they are renting is my garage lightly converted to include a full bathroom.

This tenant and his wife have been problems since they moved in in July. They moved in halfway through the month and paid half the rent with the expectation that full rent would start on the first in August. 

August comes and they don't pay til the 15th. We have a 5 day grace period and we had been in communication via text, every time with them saying they were going to pay. I served them with a 5 day pay or quit and they waited until the 5th day to pay. The cashier's check they gave me was dated for the 10th and had someone named Eugene on it (neither tenant is named Eugene).

At this time they also start complaining about mice. Full disclosure: my house had been vacant for years before I bought it and about 6 months in we had a mouse problem that we handled and hadn't had any issues with until then. I'm not blaming them for the problem reoccurring.  But they only complain about the mice when I ask about the rent. When they first complained I bought them the same baits and traps that fixed my problem the first time.

I have called an exterminator and apparently it was as simple as a some sliding door at the back of the house that was open. He could see where mice had been getting in and closed it. He said the second step was to bait and trap but since we had already been doing that he said we would probably see 1 or 2 more mice but whatever population was in the house would die off. I tell this to them.

It's now September and they didn't pay rent. This time the wife sends my spouse a text on the last day of the grace period saying she couldn't pay rent because she had to bond her husband out of jail due to child support and could she give us 200 today and the rest on the 15th. I said come up with 300 she said all she had was 240. She would give it to me the same day. Of course, its the next day before I see it and the husband knocks, slips it to me between a tear in the door screen and walks off without saying anything. 

I decide its best to cut my losses now because I'm not going to be able to fix this issue to his desire and give them a 30 day notice to vacate. It wasn't because of the non payment, it has everything to do with just being lousy roommates. The lease gives both sides this ability to opt out at any time with a 30 day notice. I even said he can leave the apartment by the 15th free and clear if he wanted to and was wiling to extend it to the end of the month. No response.

The 15th comes and the husband says he has it but he gave it to the city because I didn't do anything about the mouse problem and he has called the health department and will be calling the news. He has a lawyer and the lawyer told him his text messages would be sufficient (tho he never said he was withholding rent because of the problem). The lawyer also told him to call the news.

I called his bluff and asked him how much he had paid to the city court so i could check and verify that all fees had been paid. He never answers.

Yesterday, he sends a nasty gram to my husband saying he will call the city, health department and the news to expose us for being bad landlords. (But he was supposed to have done all that Friday. He didn't). He also said we could do this the easy way or the hard way. All this happened because the lights were off in his room/garage and he thought we had shut off the electricity. When my husband flips the breaker apparently the kitchen and the laundry rooms had no power as well (all these spaces being on the same side of the house) but he didn't realize it because the house is well lit in the daytime and he had no reason to go in the laundry room until he flipped the breaker.

The husband was sitting in the driveway so I go out there and I try to talk to him to diffuse the situation because this seems like odd behavior to me. 

Let's make this short: he says he has to call all these people so he can cover himself just like we covering ourselves and he has to call the news because the city can't come on the property and his lawyer told him to do this so its not like he made it up off the top of his head.

I replied that while this might just be some dump to you this is my home and I don't want to be threatened in it. (I'm also 8th months pregnant). We have never had a problem responding to your messages before so where did this all come from?

Tenant: Y'all playing games. I told you your rent was with the city and they will notify you within the next 15 days. I just did it today. Threatening you would be if I said I was going to do something to you. I got to do it the legal way so i won't have to do it my way.

Me: That's what I'm talking about. What do you mean you are going to do it your way? Isn't everyone owed for it to be done the legal way? Have we made you uncomfortable? Have we threatened you or cut off needed services?

He responds with he can show us how to play this game. 

I said ok, thanks and left.

I tell this to a former realtor I know and she says I can just call the police to have them removed because they haven't made residency requirements yet (living in the house 90 days) or at least have the husband removed since he is making threats. I'm not sure what to do and any advice is welcome. Their 30 days is up in October and I don't think they are really going to move. 

 This is Virginia it's landlord friendly, he's playing games... just ignore him and follow the process of law. Mail him a certified notice to pay or quit within 5 days, don't accept anything less than the full amount, or don't accept it at all.

After 5 days go down to general district court and ask the clerk to help you file a unlawful detainer, you will get a court date in a few weeks to a month.

Show up to court with the certified receipt and a copy of the notice, as well as a tenant ledger. Present it to the judge when asked, and also explain to him that the tenant has been making threats to do bodily harm, and you want  immediate possession. He will likely give it to you, if not you have to wait 72hr then file a Writ with the clerk, she has the form. The police will come yank them out of there by force and that'll a be the end of it, most likely they will move out before the court date or before the police arrive.

Ps don't go to court and admit to anything, like the mice or whatever. Law is blind, so he can make all the claims he wants, it still up to him to lay the foundation of proof, and if he does you can show proof that you hired someone to resolve the issue. I've watched so many people ramble to a judge just rebuttling tenants complaints, thus they are admitting or confirming the tenants claims. All they had to do was keep their mouth shut, unless the judge asked them about it.

Not legal advice, typed up on my iPhone, and good luck!

 Thank you so much for the detail in your answer. Since I already gave them a 30 day notice to leave (decided to terminate the lease) would the pay or quit notice have precedence over the 30 day notice?

Originally posted by @Matt K.:

You are entirely way to emotionally involved in this situation, let the facts speak for themselves. If you acted in accordance with your state landlord rules... then continue to do so. Keep it professional and on point, nothing more nothing less.

 Very prudent advice and I will be doing this from this point on.

Originally posted by @Oliver Santiago:

The sooner you file an eviction the sooner you'll get rid of the headache. It seemed like you have gave them the eviction notice, File it to the court without delay. Hire a lawyer if you must. Goodluck  

 Thank you. I just gave them a 30 day notice (to terminate the lease) which is different from an eviction notice, right? If I were to evict today, right now for non payment then would they have to abide by the 30 day notice and be out in October or would the eviction 'reset' the clock and they would be able to stay until the court proceedings.

Originally posted by @Walt Dockery:

These people need to go regardless. 

If this is a garage apartment type thing at your own house, have you considered short term rentals ie Airbnb?  Once this tenant is gone obviously. 

 I hadn't considered AirBnB but I might after this. I'm getting out the business for a while until i can adjust to life with a new baby.

Originally posted by @Anthony Gayden:
Originally posted by @Tiffany S.:
Originally posted by @Anthony Gayden:

@Stephanie Lo

Your whole post reads like an episode of Judge Judy.

So you have these people living in a rat infested garage paying you $300 a month? Is this a serious post? That is some crazy stuff.

You need to seriously reconsider being in the landlord business.

 Mice were getting in through a vent. The issue has been resolved. She is "house hacking" essentially, a way a lot of REIs get into the business. Some constructive feedback to a newbie would have been appreciated. We all make mistakes. 

 She admits to multiple mouse infestations, tenants paying rent through a hole in the screen and living in a garage. The whole thread is about a tenant threatening to go to the media

If that is the kind of thing you want to talk about fine, but to me it should remain on Judge Judy.

@Anthony Gayden Keep you and all your opinions in Omaha. If this is how you talk to someone as an internet stranger I'd prefer and I'm asking you not to reply further on this or other posts I make.

@Tiffany S. Thanks for your understanding.

Originally posted by @Nolan M.:

Considering this guy is in your house, I'd say if you "feel threatened" you can ask for a restraining order from a court. If granted and once served to the tenant, he would have to pack a bag and leave immediately, only coming back for a civil standby with police to get the rest of his stuff. That's how it works in AZ and I'm sure its similar in VA. Without a restraining order the police won't do anything for you, the threats are too vague and open to interpretation. However, a judge might see it your way and grant you the order, might be worth a try.

 I checked in on this after I left work and the magistrate said the same: the threats were too vague to do anything about it but they did say i could go to the general district court where they have the ability grant restraining orders on a more general basis. I decided not to do so at this time. If the threats are too vague for law enforcement to do anything I'll leave it at that.

Originally posted by @Paul Bowers:

I'm going to play a little devil's advocate.  It does sound like you have a terrible tenant but from reading your post it seems like this is the kind of tenant you will continue to attract with the property the way I read the description.  You have an "apartment" in a garage with a make shift bathroom.  You mention them handing you rent through a rip in the screen.  Half the house including their space is on one breaker. This just doesn't sound like a very appealing living situation for a renter.  Again I could be way off base but the way I'm picturing the situation it seems like you'll only attract lower end tenants for the property as described.  It doesn't excuse the tenants behavior but it also shouldn't come as a surprise to you.

 I appreciate your fresh look on the situation. The garage is on its own breaker as well as the kitchen and laundry rooms. Those 3 rooms are on the same side of the house so I thought maybe there was a connetion but flipping the breaker seemed to fix the problem.

The hole in the screen came from my spouse removing the glass in the door to allow fresh air in the house. Its not a huge hole so we never changed it out. 

The bathroom actually came like it did when I bought the house. It was a garage with a toilet room and before we ever thought about renting it we added a showerstall to alleviate bathroom availabilities in the house. 

I know its not an ideal place which is why i am lenient on issues with rent. I'm not expecting unicorn roommates but I am expecting honesty. I made sure they toured the room before they came and they liked it enough to sign the line.

I'm changing my screening  criteria after this tho.

Thank you @Deanna McCormick. Per other advice I have read on the forums from you I had already downloaded the VA Landlord Tenant Act. It does state that he can go to general district court with his lease and his written notices to me about ongoing problems he has been having. Whether text messages count is up for interpretation but he never notified me he would be with holding anything. I will be taking your advice.

Originally posted by @Colleen F.:
Call an eviction lawyer. Dont text etc. You served notice follow through. If you had an exterminator that is the issue taken care of. The money with the city is BS. The breaker tripped he should have approached you so you could address and he could make a case it was intentional, see what a lawyer says to do about that.

 Thanks for the information. I plan on going through with the 30 day no matter what and tho you know and I know the money with the city is complete BS I'm going to check with the clerk of court today just to perform due diligence.