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Laura

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Posts: 1
Reply with quote  #1 
I am a new landlord (6mo in) & have a tenant who has not paid rent since December. I guess I am too nice because I waited until 2/17 to give her a 10 day notice. Her rent is due on the 9th, late on the 15th. After the 15th there is a $50 fee. In total she owes $1900 for the two months & rent is due again on 3/9. We filed an eviction with the magistrate this week & the hearing is next Wednesday. She just texted me tonight saying that she has no heat & hasn't for 12 days. She was unable to pay rent in the 10 day period because she's had to stay in a hotel for 8 of the 12 nights. Today is the first she has contacted me since last Wednesday the 26th (the 9th day) asking if she could make a partial rent payment. She never mentioned the heater until today & is demanding we get someone out there ASAP. What are we as landlords required to do? My feeling is she hasn't paid rent in 2 months & I'm assuming doesn't plan on it for March either. If there really was an issue with the heater why would you wait 12 days?! I'm guessing she got her eviction hearing notice in the mail today.
dishrodger

Registered:
Posts: 314
Reply with quote  #2 
2 things
number 1...fix the heat, you are required to have heat in unit (ant state in USA), handle as a emergerancy

number 2. follow through with eviction (shouls of been done along time ago.
if you go to court, make sure you have when notice was given to you for the heat.
RedFord150

Registered:
Posts: 126
Reply with quote  #3 
The tenant stayed in a hotel for 8 nights because of no heat and she never told her LL until she got an eviction notice? That is laughable.

Get the heater fixed and make sure the repairman tells you exactly what problems he found. Have him write it down. I would not be surprised if tenant caused the problem to justify the missing rent.

Good luck.

MrNiceGuy

Registered:
Posts: 4
Reply with quote  #4 

We have a similar situation where my tenant had mold, apparently remedied in July of last year but all of a suddent since i didn't extend her lease, she says oh this needsto be fixed and the mold is back. I call servepro the same day and get an appointment and tell on a 24 hour notice (since she made it sound urgent). I said i could go in if no one was there. The flat out refused permission.

So why is she telling me these now (she is trying to avoid paying rent)

In your case, your tenant should have told you about the heat and it's not a reason not to pay rent. YOur rent is still due same time every month no matter what issues you're having.

Mine hasn't paid me rent yet for march and her last day is April 1st. She she is losing every argument with me on email becuase i have facts and her previous emails. Lesson learned for me. I should have started eviction procedures the second time she paid me late, but I was too nice about it.

dishrodger

Registered:
Posts: 314
Reply with quote  #5 
get the heat fix as soon as a contracter can get there.......evict them
JohnQ

Registered:
Posts: 6
Reply with quote  #6 
The fact that she never told you about the heat until the eviction notice will never hold up in court.  They moved to a hotel or whatever, and didn't tell you on day 1?  They have seen everything in court, every trick people try.  Just go to court and boot them out.
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