Hi guys! I am so glad I found this site! I own a duplex in AZ and previously my elderly Mother lived in and paid 1/2 of everything, however she passed and I have had to rent the other 1/2 and I live in one as well. So just like so many people, I am upside down because we bought in 2005. My mortgage is close to double what I can rent the units for. So I was taking a big loss every month. As soon as Mom passed I started to go through the modification process at the bank (I actually worked there for 7+ years). It went on, and on, and on. My sister had been renting the other side for a while but she was paying too little. (I have a hard time thinking of myself 1st and saying NO) So she relocated to another City. So now I will have to find a "real" tenant. All the while staying current on the mortgage and trying to get a modification and running out of $$ FAST!
All about the same time as I was told to actually fall behind to get the bank to take me seriously, I found a renter in a subordinate co-worker (did not report to me). I felt it necessary to be honest with him about the modification as pretty much all the coworkers knew my situation anyway. So we decide on a price and move in date and it was all done. I had written a lease however, we never signed it. (I KNOW I KNOW) I gave him best and worst case scenarios of possible outcomes.
Everything went great for a while and then he became confused as to the due date of the rent because he moved in on 15th of October and only paid 1/2 month. He then continued to pay around the 15th, falling 1/2 month behind. I explained again and again but was never sure if he understood or not. I had a friend living with me because I was helping him out and so the 4 of us became friends as we are somewhat close in age.
I never required a security deposit because they helped me get it painted and such to move in. All but the 1st full mo rent was paid in cash. Well I have gone over and above the call with the security and the 1/2 mo rent and even letting them take my car out of state a couple of times. We had grown close; especially his girlfriend and I. Next thing you know in early June he tells me he lost his job - was fired for suspicion of stealing $$. (he had admitted to doing it before to me) Then when the 15th rolled around he tells me he thought he was going to get another check and was just informed that he wasn't. He made no mention of when he was going to pay me. I myself, had started a new career (self employed) due to health issues caused by my 8+ years of employment with the bank. So I was struggling also BADLY! Still doing modification.
Out of the blue, at about 30 days late he tells me him and his gf were breaking up and he was moving out and she was looking as well. (I had given him a letter the night before stating I needed him to pay if I was to be able to pay utilities or he needed to leave in 30 days. He never acknowledged the letter) I just said I would work out arrangements with her about what her and the kids plans were going to be. He also started saying he was going to squat in my house and not pay rent until I lost everything! He says because I am losing the house and did not tell him. Well we all know I told him and I have no notification I am "losing" the house for sure either. So I figure it will all be done since he is leaving anyway.
His gf and I talked and I told her I was coming to a point in my agreement with the bank where I will have to make a decision, so until that time she could stay there as long as she paid all utilities and it cost me nothing! (all utilities in my name, they paid elec only) Well by the end of weekend he was back but after her having told me all of this horrid stuff he was saying about his intentions with his squatting. No one informed me he was back. When I asked what was going on when I saw him and her, he started yelling all in my face. I went inside and posted a 5 day notice of intent to evict. We were at like 55 days behind on rent. They went about their lives and never budged. Besides for a few nasty texts and then some immediately sweet ones on how wonderful I have been. It was like I was hearing 2 different people. I have saved and downloaded those texts.
The 5th day was here and I was getting ready to file eviction papers and also go out of state for a few days when at 11:30 at night his gf and oldest daughter came POUNDING on my door crying. With him following close behind. I locked him out and found out that he has gotten mad at them and punched a hole clean through a cabinet door and it then broke off the cabinet face as well. They were petrified. The gf was screaming to leave and she was really done this time, bla bla bla. So he leaves and we call the police. He gets arrested when he shows here in AM for dom violence and criminal damage. She goes to court on his court day and gets a restraining order.
I arrive back from leaving town and she is still here (she had mentioned moving to her dads). She will not discuss anything in front of her daughter and she is always right there with her. I have texted asking her to meet me outside when she goes to sleep but nothing. I just looked up the court records and saw she dropped the restraining order against him on MONDAY! This happened Thursday night! And the whole week since I have been back she has been acting weird. I havent seen him though and she knows we are supposed to be trying to get garage door opener from him. I even said I would handle because of the restraining order and she NEVER TOLD ME! She knows I DONT want him around! PERIOD! EVER AGAIN! I dont know if he has been and I dont know what their plans are, but can I at least get a restraining order against him because of him destroying my property? At least until I can get rid of them.... I just today got an extremely high electric bill in the mail that is in my name that they need to pay because I don't have it! I am so confused on what to do because if they are not here, they will not pay the bill and then my electricity will be shut off! Please all, any suggestions?????
p.s. I think I have decided to let the house go BTW. So I wont put another renter in there anyway. BUT my bills keep piling up from them!