All Forum Posts by: Steven Warner

Steve: 

The law states that you cannot reject a tenant based on them using a section 8 voucher - not that you have to accept them as tenants.  

When I rent in LA County, I always note why I rejected an applicant as a tenant.  If I have a more financially stable prospective tenant, I note that on their application

As far as a qualified building, I have not converted a home and tried to jump through their hoops but I have found that in some case their little things are actually good for me (i.e. such as a tenant that removed a GFI from the bathroom and replaced it with a normal outlet.)  At that point it was a safety issue that I gladly paid.  

Yes, section 8 can be a pain but God I love have that money show up every month like clock work.... 

Hang in there.. 

Steve

Allen: 

The question to be asked is "what was your intent at the time of execution of your loan documents?", if you have the intent to "owner occupy" then you are ok.  It cannot be fraud when you actual intent is to occupy.  

While other might argue otherwise, the fact that your move is dependent on your employment, health needs of your family, or something out of your control - you should be good to go!

Good luck!

Steve

LMAO!!!!   

This string is just too funny...

I think you two should go on the road..  Nick and Jim that is... 

Next up, why don't you two discuss "Rental opportunities in Palestine, The Country or the Territory???" 

Seriously, this is the funniest stuff I have seen here... 

Good Job Eric!!!!   

Sounds like a keeper to me!

Keep up the good work!

Steve

Hi  Mary

I love it when they add someone without telling me, why?  

Because 1) they are now in violation of the original lease and I can increase the rent and/or security to accommodate my needs and 2) now I have another person of legal age to go after to arrears, damages, etc...

This does not mean I will increase the rent and/or the security, but I have my choice as they are in violation, and, if I do approve the "new" person, I have them complete an application as well.  

If the property is an "A" property and they pay on time, the most I do is usually an application so I have their information and at the very least an addendum so they can be held responsible.  

Its all discretionary so at the very least I would always get the new person's information and have them sign a lease addendum... 

The bottom line is you are in control...

Good luck!

Steve

Anne:

Generally, a small claims action is not useful for a tenancy issue. You usually have to go Superior Court as in California. You may have to go to a Court of Common Pleas (I think that is the comparable court in PA) for the relief you are looking for has two components, damages in the form of money (rent arrears) and equitable relief - possession.

Small claims will only get you money and even that is limited in smaller courts by the amount of money that can be sought. further, small claims cannot grant equitable relief, again possession.

Now as to the tactic I would recommend. While it is "nice" that you are helping them, at what cost has it come to you? I am talking money time, headaches of communication and tracking them down to get them up to only two months behind. We all have difficulties but are the tenant's difficulties now your difficulties too? I understand a short term issue but this sounds like it has gone on for a while and its time to give them a notice to terminate the tenancy- You know that yourself since you are already looking it up.

It might be time to have a little "Come to Jesus" talk that it is time that they move and tell them you will let them walk now and will sign a waiver of past due rent or you will have to play a little hard ball and go after them for everything. Ultimately, they know it as well !

Caulk the lost two months of rent to a cheap education (I bet attorney fees alone will be that amount) and just get possession back.

I hope this helps

Steve  

Nate:

Do not ever let a tenant walk on you like that; this is total BS..

As many have already told you I too would give him a "Notice of Termination of Tenancy". I doubt you will have to provide a reason given he is on a month to month tenancy but you should get it cleared with an Ohio attorney so as to not have the judge kick your unlawful detainer for improper notice. All unlawful detainers - no matter the state- are highly procedurally driven so even the smallest thing can get it kicked and you really don't want that to happen.

After the notice then if he is still around, then you hire a local attorney to do a UD. He can ***** and complain to the judge but given he is a month to month tenant, usually the judge will ask him why did he not move if things were not "fixed"? this guy is s blow hard and does not hae a leg to stand on.

As for trying to do a walk through at this point, I would NOT advise it. Your actions could be viewed as "harrassment" and while it will bother you to NOT know what is going on, such an "inspection" could only further antagonize him as well.

Unfortunately you are in a difficult position but know that this will pass and you will be ahead in the long run once he is gone. Better to rid yourself of the headache now than to keep him around. 

I hopes this helps some...

Good luck!

Steve

Brent: 

For a home foreclosure by a lender, you would verify by typically checking the county recorders office. In Illinois, you would be looking for a Notice of Lis Pendens.  For non judicial states it is usually a Notice of Default - It just depends on where you are looking to do a pre-foreclosure search.  

If I am looking at a potential foreclosure purchase would look at the taxes just to see if they are current- that is unless you are looking for tax lien sales are a different animal.

 Hope this helps.. 

Steve

Rebecca:

I would suggest that you review you lease (as previously suggested) and look for something about "quiet use and enjoyment" , basically a "Good neighbor" clause, also your lease should have something about "keeping the property in good shape". Then document it your notices like crazy - with pictures if you can - and let them know they are in breach of the lease, thus the lease can be terminated upon proper legal notice. It is a tough way to go instead of failing to pay but with the proper documentation a court should not give you an order terminating the lease.

I might also suggest that you speak with them and let them know that this is not working out for you and tell them why with the pictures and notices. Again, documentation is the key- especially with pictures.

As for your good tenant, the one thing that might keep them in there is to tell that you want to keep them and that you know they are putting up with a difficult situation so you will reduce their rent for the remaining term of the "Bad Tenants."

Ultimately it is a battle of attrition - it sucks but you have to be stronger than them.

After all who cares about your property more than you - no one! So don't take crap from any one when it come to you property!

Good Luck

Steve