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OHlandlord

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Reply with quote  #16 

This is just another reason why I am against Metro.  You are in a pickle indeed.  Metro will only do 1 yr agreements, nothing else.  They insist that their agreement be the only one.  Did they know she had already signed a lease w/ you before Metro started paying?  How long before?  Did they ask for a copy of the lease?  (They usually do.)  Did it specify that she would pay the electric bill? 

 

Metro will tell you that you cannot collect on the electric bill.  Their agreement w/ you says that the utilities are included.  (never include the utilities, lower the price instead)  Taking money "on the side" for utilites or any other reason from the tenant is a violation of their contract w/ you.  You should say that you didn't want to accept the metro offer of rent as it was too low, but that she begged you to do it and said she'd pay for the electric bill for you if you'd accept it.  Make sure they know it was her idea and that she said she'd done it before with her last LL.  If you're new to the program, claim ignorance (I didn't know it was breaking the rules!!!)  Tell them you felt sorry for her and she cried that she really needed a place to stay.  Let them know that you have never received any money from her for the utilities, even though she offered.  

 

Show them the lease that says the guy is living w/ her (she had to fill out a form w/ metro telling them who lives there and what the family income is - if he has a job & unreported income, that jeopardizes her aide.  Her aide amount is based on who lives there & how much money they make!)  

 

Also let them know that she has violated your lease with an unauthorized pet and a safety hazard (using electric heaters can blow your circuit breakers by pulling too much current, plus they are fire hazards).   Tell them you're terminating her lease and that you want her OUT.  You DO want her out.  I can tell you right now that this woman is a professional tenant.  She probably moves around from place to place pulling this scam.  If she's been on Metro any length of time, she knows this system like the back of her hand.  But she screwed up here by signing a paper with you that the guy lives there.  You want metro to know that he has been there all along.  (Metro, when notified of these live-ins, send the tenant a notice saying they are coming to inspect.  But they give the tenant a week's notice, plenty of time to remove all evidence of him & make him disappear while they're there.  They come back & say he doesn't live there -no clothes, personal belongings, etc.  As soon as they leave, BF unpacks things from car & is right back there.  Has he been getting mail there?  Another proof.)  Been there, done that!  You need to dump this loser fast.  Even if that unit is empty for awhile.  Give her a notice stating that you are terminating her lease for violation of unauthorized pets & fire hazards.  Give her the notice that metro requires (usually 60 days) & dump her.

OH_vlf

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Reply with quote  #17 

Hi -- yes she is a professional tenant.  They have a physical address and a PO Box which is where his mail goes.  I was there one day (finished painting)  and she told him she got the mail at the post ofc. that he rec. a  "jury duty letter", that he had to reply soon.   So they are covering him pretty good.  Yes she does move around and she does do as stated in my prev. post to all LL.

I just talked to the last LL and she sounded like she read my notes for tomorrow "lol".  I cannot believe she went through the same thing I have word for word.  This LL gave me a HUD check that she signed over to me and come to find out it was for the final month that the tenant was suppose to be there (at the last Landlords resd.)  but the tenant was in my place! The LL signed it over to me, and I cashed it because the tenant stated it was the return of her deposit and yes I made her give me a letter stating that it was a returned deposit from last landlord and she signed that too.  The last LL stated she feared the tenant would report she paid the water bill for 12 months that was in the LL name and WAS NOT included in the Metro agreement.  That she would have to return all monies paid for the water to the tenant as an overpayment... so the LL did what she had to do and just gave her the check or signed it over to me that is.  I check w/my attorney and he said it was as good as cashed by the last LL when she signed it over to me, and he felt I was in the clear on that.

I will let you know what happens tomorrow and please say a LL prayer for me!. "lol" "gosh am I really in this mess" - I fell like I need to use all my wits when it comes to this tenant.  She is good  sneaky indeed! 

 

I think... I was really on top of this and I can only hope for the best.


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OH_vlf

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Reply with quote  #18 

Errrrrrrrrrr*%#  my husband took a vacation day off for this meeting! and SHE canceled it within the last hour.  Now she ask me to sign a release!.  ( "Yeah I'm just dying to do her a favor!" .

In exchange for this release she will leave in 30 days.  Meaning: Metro will not pay after the 30 days are up, it terminates the Metro contract!.  Than she really does not have to leave if she chooses not to.  I would have to Evict her to get her out, meaning she could stay another 30 days+ for FREE at this point.   "Should I have taken her word that she would leave in 30 days?????". HA!

 

If I evict her by court action with my attorney and DO NOT sign the release she losses Metro for five years.  And Metro would pay for her to stay there until she is evicted. Guaranteed rent until she leaves. Hummmm 

 

Now which do u think I choose????????????????


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OHlandlord

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Reply with quote  #19 

Of course she cancelled it, she knew she was going to be in BIG trouble if she showed up & you started talking.  Did they reschedule?

 

I gave my PITA Metro tenant 30 days notice to vacate, think she was out in 30 days?  Heck no!  Today was day 32 - I called the Metro supervisor, told her she hadn't vacated.  Then I called the tenant, told her I had the eviction packet filled out at my feet.  If she didn't want to be evicted, I needed those keys NOW!  She returned my keys @ 1:42 p.m. today.  (practically threw them in the door and ran)  Now, I should call Metro right back & tell them she's already vacated, right?  (Oooops, did I forget???  I guess I got busy...) 

 

I also called the secretary of the local LL association & told her all about this tenant (for advice of course).  I told her where she was moving to.  Secretary happens to own a rental a few doors down from tenant's new residence.  Wanted to know who her new LL was.  (Quick internet search as new LL never called to check her out)  Gave her the name.  Well, lo & behold, secretary knows new LL & is calling him to give him the heads-up on his new tenant.  (Hey, I didn't say a word to her new LL, right?)

 

According to the paperwork Metro send me, their contract w/ me ends when the tenant vacates, not before.  Sign nothing for her but the eviction papers.  Remember to ask for a judgment of damages on the eviction papers for property damage (unknown as yet), attorney fees, & court fees.  Make sure you get that judgment hearing too, even if she's out before the eviction hearing.  Maybe in small claims court?  (You probably can't collect) but if she doesn't pay the judgment she is supposed to lose her Metro assistance!  That will put an end to her apt. hopping days.

 

If you like, fax a copy of anything you want Metro to know to them.  (like her BF agreement.)  I fax them a lot.  They have to investigate any info they recieve that violates their rules.  Tenant loves when Metro starts calling her.

 

Let me know how it all works out.

OH_vlf

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Reply with quote  #20 
No they did not re-sch. - The Director stated to me "he seen no reason to re-sch."  What did that mean??? When he stated this?. 
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OH_vlf

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Reply with quote  #21 

What are my first steps in this eviction?? I cannot recall the laws it has been a while since I had to do this.  What kind of notices do I have to send? if any.  My lease states if you use ele. heaters this lease is null and void. I think that is what is written I will check for sure.  But do I still have to give her time to remedy this?  And a cat and I have witnesses that will testify they saw the cat and she stated to them she uses ele. heater.

 

MY LEASE STATES: No Pets in any form, will be cause for eviction.

 

On Ele. Heaters it states:

Any violation to this clause WILL VOID your lease eviction notice will be issued, or you may be ask to leave per HAP contract guidelines & release.

 

Where does this leave me "good to go?" or do I have to follow Ohio state laws with certain notices to remedy???

 

 


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OHlandlord

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Reply with quote  #22 

Director didn't reschedule - they must not believe the tenant.  I'm guessing the director knows what she is up to.  It is harder to evict for Sect. 8 because their rent is always paid.  I assume profesional tenant pays their share on time.  (If not, 3 day notice is OK.)

 

Contact Sect. 8 & tell them tenant has violated key material clauses in your lease.  With electric heaters you are in fear for your property as it is a fire hazard.  You wish to terminate tenancy.  They will tell you how much notice you need to give her.  (usually it is 60 days, but in my case lease said 30 days - Metro was tired of me complaining to them, so they let me give her 30 days notice.) 

 

Send her a notice telling her you are terminating her tenancy because of X, Y, & Z.  This termination is effective x date (beginning of next rent period - when rent is due).  Yea, I know, you can't do it immediately, OH is a periodic tendency state meaning you have to start notices at beginning of rent period.  Give her 30 days (or whatever Metro insists on) to vacate the premises.  Include the same paragraph as on a 3 day notice about "You are being asked to leave the premises, if you do not leave, an eviction action may be initiated against you.  If you are in doubt regarding your legal rights and obligations as a tenant it is recommended that you seek legal assistance."  This just covers your ***.  Tell her "compliance within 30 days after service of this notice will prevent any legal measure being taken bythe undersigned to secure the premises."

 

Deliver this to her in person, or post it on her front door.  (I take a digital pic of it hanging there as proof it was served.)  Once 30 days is up, you can evict in court.  Hopefully she will be out before you have to actually file for the eviction.

OH_vlf

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Reply with quote  #23 

Hi - No she does not pay any rent to me.  I collect 600.00 from metro. and I pay the ele bill for her.  With and ele. bill addendum that states what I wrote above. 

I usually get 625.00 a month and tenant pays the ele. bill  I would never make a deal like this on this rental, but I was backed into a corner and broken promises.. that she was going to pay the ele. bill - but that never happened.

 

I want to evict her on grounds of ele. heater clause and pet clause mentioned above. Not to mention she has a man living there and I pay for his util. too which he is not on Metro contract.  And in this apt I split util. with the down stairs tenants, so I have been paying for 4 people up and down stairs pays for two.  That should be enough proof that he is there - or why would I pay MORE in util. plus she signed a doc and hand wrote me a letter stating to add this BF to the ele. bill.

Sorry if this sounds a bit harsh - it is just my thought spilling out .

V


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kurt

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Reply with quote  #24 

It sounds like metro is equivalent to section 8? Meaning they pay part or all of a tenant's rent?  I can atest that section 8 is a pain in the bender and most often the tenant's are dead beats that don't clean, tear the place up, and will lie like, a rug. ANd deaspite some of the landlords I deliver to swear by section 8(cause they get the money and probably don't care much about the unit), I am very skeptical about geting sec 8 tenants.

 

As for your instance, I would make a extra copy of the lease and highlight the rules she is breaking leting her know she has broken it (your lease no doubt says about visitors and how long they can stay? And as long as the guy has been there longer than such he's an unauthorized occupant). Of course she is going to argue every thing and give lies, just listen to her exscuses(sun was in my eyes) and lies, and point out the black adn white facts. ANd if that doesn't work(which it probably won't more than likely she will turn upset that she isn't geting her way and either slam the door in your face after she has cussed you out). IT might do a little good, but mostly put those facts to the metro and let them make their decisions. ALso try to get a maint person or some kind of witness to say bf is living/staying longer than guest is allowed there and give it to metro.

 

Piece of advice.. handshake is tough to prove in court where as black and white ink makes court easier and tenant's less able to get away with being slime rats. I know handshake used to be great 35+ years ago, my dad used to be hired by such a  verbal agreement and a handshake..These days responsibility is out the window, the tenant's know the system and know the system favors them not the landlords.Basically get it in detail in writing so you can cover your butt as best you can with a lousy system.

 

Oh yeah some thing my brother used was a small recorder and an ear piece while talking over phone or in person, so any communication agreements were recorded..Nice bit of proof to hold up to the tenant(course I have had em say you can't record this, it's illegal, it can't be used as evidence my friend is a legal aid and she said...blah, blah, blah).

kurt

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Reply with quote  #25 

just a note, don't feel sorry for them and don't have mercy, dirt bag tenants will ride you like a race horse till your broke. Sure stuff happens..

 

But I told a couple in a side of a duple I have in the bottoms when they moved in if you have problems paying rent call me let me know I will take payments not a biggy(I already knew these peolpe were going to be a "bumpy ride" rent colection wise, but figred they wouldn't tear the place up before I got it sold. THe wife or gf hasn't worked since they moved in last november 15th ish and he said he just started his burger king job two weeks ago.. Sure they paid de/jan rent with a tax return(or so they say it was from such), but they both had basically 2 months to find work and work! Did they one barely, the other nope she is either to good to work or he thinks he's the "man" and she shouldn't work.. But he makes maybe 600. a month and rent is 550.. ....... Now I have to go today and sit down with them get what little money he has from his first paycheck and then explain that both signed the lease and what he is making isn't going to make rent and that either she gets a job, he gets a second job, or they move out stat..THey give sob stories and so forth, but Lisa(my gf) and I both work full time and I will be damned if I am going to pay a mortgage some some sorry you know what's can  get a free ride off us.. I know last I checked I wasn't wearing a target on my bneder.. I didn't have a welfare train station sign in the yard or posted in the paper.. And when I bought the duplex I bought it because I saw potential in making the unit better and making decent profit from the place when rented..Butt low and behold I bought a looser magnet(heard of em, but thought they went on front of fridge?)..

 

sigh I wonder why my brother and friend can do so good out in AZ. and I struggled for a year to get one duplex with decent tenants and hte other dana.. forget it abandon ship!

OHlandlord

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Reply with quote  #26 

Sorry your tenant turned out to be a bum Kurt.  Happens sometimes.  My Sect. 8 tenant turned in her keys yesterday after me hounding her for the last couple days.  (Her 30 days were up.)  I had to threaten eviction.  I've got to fix the place up, but I've already got another tenant waiting for it.  (Happy dance!)

 

V - Get the 30 day notice ready & deliver a copy to the tenants & Metro.  Write both & say you won't accept any rent after the 30 day period is up (they'll still send you the check, its computerized.)  Let them know that any check you rec'v after that date will not be cashed, but will be held until unit is vacant.  Then you will cash & keep only the portion to pay for the prorated days until she vacated.  Return the rest to Metro.  (You have to notify them that you won't accept rent.)

 

Make sure the notice is complete (include those quoted paragraphs, reasons for termination, when it will begin, when she must be out).  While you await the 30 days, get the eviction froms from the court.  Start filling them out, one must be notorized.  

 

Write a page of the reasons why she is being terminated & the proof behind them.  ie - 1.  Tenant is using electric space heaters in violation of section XXX of her lease which says, "Tenant shall not use ....".  When I entered the unit on x date to make repairs, I observed tenant using these heaters in her LR & BD.  I informed tenant she could not use these as they were violations of her lease and were fire hazards.  When I returned to the unit on X date, she was still using them.  2.  Tenant has unauthorized male living with her in violation of her Section 8 agreement.  (Show section of Metro agreement which lists all occupants.  Also show letter where she asked to list BF on your lease only.)  3.  Tenant has an unauthorized pet in the unit in violation of ....    You get the idea.  Attach a copy of this directly to the eviction paperwork.  Hold on to these forms until the 30 days is up.

 

A few days after you give them the notice, send them a move-out letter telling them again when they must be out and detailing what they need to do to get their deposit back (what they must clean).  With this, send them a forwarding address form to fill out.  (It drives the message home that they need to leave.)  Stay in touch w/ Metro letting them know she needs to be out by x date.  (They will probably send her a letter too.)  If she gets enough pressure on her, she may be out by the end of the 30 days notice, and you won't even have to file for the eviction. 

 

A week before the end of the 30 day notice, remind them again they must be out by x date.  Let them know that you have the eviction packet ready to be filed in court if they are not out.  Best of luck.

OH_vlf

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Reply with quote  #27 

Hi Kurt - you got that right... this one LIES like a rug!!


 


I went to my attorney on Friday he is sending her a 3 day notice.  If she does not leave in 3 days... it gets filed as an eviction (correct?).  than she can stay up to the eviction court date, and moved out on that very morning to avoid the eviction (correct?).  "I may forget to tell them that she did - so I hope she gets out sooner than that!."


 


Is this what she can do?  I am sure she will not want to be court evicted, or she losses her HUD payments for 5 years.



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kurt

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Reply with quote  #28 

I don't know which state your in, but in columbus, ohio, here's how court goes.


Magistrate more often than not give you eviction judgment on due rent, then magistrate say red tag will be delivered 2 days after court date. THen they have 5 days after that.. Mind you have to pay 35 or 45 for red tag that day, then if tenant is still there after red tag experies, have to go fork out more money 35 or 45 fro balif, give them usually 2 days to show up to throw em out..So ading up days after eviction court..2+7(I don't think they cout weekend days so that's why it's 7 instead of 5), then +2 more for bailif..Grand total of roughly 11 days the tenant can push it till thrown out by bailif after court hearing. Lousy huh and for all the fees ya think the dead beats gonna pay up and reimburse you.. Course not. And think of it this way all those sniveling tenant's crying about one month's rent for deposit.. The tenant can usually ride out month and half in ohio even if lanlord files asap/first day tenant is late gives 3 day.. THere goes deposit, which fails to cover court costs, any damages, and lost future rents/re-renting costs.. 


 


THe laws need to change, but as long as politicians rule the system and lalndlords don't get together, it's a supr slow going if ever..

kurt

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Reply with quote  #29 

Oh yeah, what she does.. who knows, but your right more than likely she wont want to loose the free ride ticket nd will leave.. But don't count your chickens till they hatch.

OHlandlord

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Reply with quote  #30 
Even if she's evicted, she may not lose her free ride.  Come to find out the section 8er I just dumped had been evicted before (lawyer told me) but she was still getting the free ride.  Our local Metro doesn't always enforce its own rules.  Hey Kurt, how much does it cost you to get the police to set them out?  We have to get the sheriff to do it here and it costs me $250!  Oh, and our local magistrate has a soft heart and tends to give breaks to those poor single moms who cry in court - she gives them an extra 30 days to move out!  Love the OH system!
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