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absoluteca

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Posts: 72
Reply with quote  #1 

I had the tenant from hell, there isn't enuf memory in this db to even begin to explain my nightmare.  Best advice, always perform tenant screening credit & criminal


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JQ
kurt

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Posts: 137
Reply with quote  #2 

That is good, but it isn't full proof trust me on that.

tauruschick

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Posts: 2
Reply with quote  #3 

My mom has the tenants from hell.  Bastards are on welfare and foster care.  I don't know how scum like them can be foster parents.

starpoint

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Posts: 1
Reply with quote  #4 

Tenants left my house in a mess.  I am still trying to get it at least presentable to have somebody move in.  This has been already more than three months. I am trying to do all the repairs with my kids.

 How can I get some of the money back for all the damages?

OHlandlord

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Posts: 3,737
Reply with quote  #5 

starpoint, Unfortunately you cannot charge for your own labor in TX.  You can charge the ex-tenant for someone else's labor though if you pay them.  Get it ready and file a small claims court case against the ex-tenants for other's labor charges and materials to make the needed repairs.  Make sure to keep your receipts and take lots of pictures.  (I'm assuming you sent them the deposit statement within your state's timeline.)  Hopefully, the ex-tenants will be collectable either now or in the next few years.  I don't know how long a judgment is good for in TX (but it's good for 10 yrs in OH, then can be renewed for another 10 yrs).

Sharonrose

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Posts: 3
Reply with quote  #6 

I am so disgusted.  Here in Connecticut, went to court today, our tenants haven't paid rent in 6 months, the court ordered us to let them stay "Rent Free" until Dec 31.  The husband has had his paycheck attached so often they don't have the money to pay us rent and save up for a deposit and first month rent at a new place...I'm sorry, but why is this my problem?  Why do I have to write off 6 months rent(with electric) and now the month of December too, and pay an attorney?  Why, because we own something and we work hard, there is something they can come after us for? They can't draw blood from a stone the medeator told us today...so the courts agree with the the squatters  and say "too bad, so sad, no money you have to keep us".  Where is the justice here, we have a mortgage on the house we are renting, I don't hear the courts telling the banks to let us have 6 months no mortgage because we can't manage our money like they told us today about our tenants! Why don't landlords have rights???? What does it take to get the laws changed to hear each case fairly? These people have done this before, they are going to do it again, why can't they track these people from town to town and the courts can see they've done this X amount of times, the government can track a cow in Canada that was in a stall with a cow that had mad cow disease but can't tell when a professional squatter when they see one in front of them??? (Sharon)  sorry...bad day


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Sharonrose
OHlandlord

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Posts: 3,737
Reply with quote  #7 

Sorry you had such a rough time today Sharon.  This is a case for checking credit reports along with civil and/or municipal court history.  You might have been able to see the judgements and wage garnishments from previous LLs, eviction hearings from the housing court site, etc.  Anymore you have to screen so carefully.  It takes a lot of time and energy to screen that carefully, but as you have unfortunately found out, many courts favor the tenants no matter how lousy they are.  You need to try to screen these types out before they even get into your place.  I figure it is better to have the place empty for another month of advertising than take a marginal applicant and end up paying for it with unpaid rent and eviction costs later.  There seem to be more of these "professional tenants" every year.  They have been through the system so much that they know every loophole.  If I even have a doubt about a tenant, I make them month to month so I can get them out faster.  I hope the next tenant is as good as gold for you.  Perhaps this next year will be better.  (Your New Year's Resolution can be to set them out into the street!)  Good luck.

Sharonrose

Registered:
Posts: 3
Reply with quote  #8 
Thanks for the words.  I would call them professional squatters, they have 3 kids so look what the future holds for landlords, more professionals, oh lord! 

Do landlords unite and work for legislation changes?...I am still shocked the court ordered them out by Dec 31 but told us they get to live there rent free for one more month as if 6 months free rent and electric wasn't enough, where do the courts get off handing out an order for free rent, funny they don't order the banks to release us from 7 months mortgage....only the little guy gets the burn, not the justice system or the banks.  I have hired a realtor to do all the credit and background checks for now on, it's cheaper than loosing 2 months rent nevermind 7 months!

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Sharonrose
OHlandlord

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Posts: 3,737
Reply with quote  #9 
It sounds as if you are in a very tenant friendly state.  Some states are much more tenant friendly than others.  NJ won't let you dump a bad tenant unless the reason falls within one of about a dozen or two "acceptable" reasons.  CA won't let you non-renew a lease and ask a tenant to vacate without paying exorbitant moving fees for them (we're talking $1000s here!). 

Other states are the opposite.  Here the magistrate merely asks them if they paid the rent.  If they say no, the chances that they get to stay longer than about 2 weeks is pretty slim, then the sheriff sets them out on the street.  In AZ, there is an automatic garnishment law.  Every employer must register their employees.  If you get a court judgment against a tenant, garnishment is automatic.  (Boy, would I love to have that law!)

The best way to petition the courts for change is to join a good LL association with at least statewide membership.  Try searching online for a chapter of REIA (Real Estate Investors Association) or another group like it.  Through numbers of the membership you can actually get changes in the laws, if slowly.  You also need to research the politicians views on these types of laws and campaign for those who favor LLs more.  Some are quite liberal and believe that the poor tenant should always triumph over the hard-nosed, rich LL.  (Yes, it's an oversimplification, but there are actually people with this mindset.  Some believe that all LLs are rich slumlords who care nothing for their tenants.  This couldn't be farther from the truth.  But I digress.) 

REIA often sends LLs to speak at hearings on bills that affect LL rights and on issues that affect us (like making the LL responsible for the tenant's unpaid water bills).  If enough people show up at these hearing, it can have an effect.  You can also address your town council with local issues that affect you.  We have done this in my town with the way the city holds us liable for the water bills and did manage to get some change in their policy.  I urge you to look into these types of organizations for the legislative help that is possible, the fellowship, the ability to network with other LLs and talk over solutions to problems, and for a sounding board to vent your problems to.  I have found that the dues are well worth it.  Good luck.
Sharonrose

Registered:
Posts: 3
Reply with quote  #10 

Good stuff, thanks.  I am going to do some investigating and I will get politically active on this subject.  How can we be "rich LL's" when we are in the hole $10,000+ with loosers like these and the courts backing them? 


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Sharonrose
Smackies02

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Posts: 9
Reply with quote  #11 
Tenants from hell you say?

I moved back down from Fresno to Murrieta in order to try and help my 72 yr old Nana with her rental property after her tenants moved out without telling her or paying the last months rent. When I went to inspect the place for her I realized that they had spray painted vulgar, graphic graffiti all over the inside walls, fixtures & drapes. They stole the washer, dryer, all the light bulbs in the house and city trash cans, left 95% of their belongings in the house, yard, garage & driveway. The neighbors got so upset over the mess they called the city to get it hauled away, which took 10 large trucks. They broke the fence surrounding the yard as well as the dishwasher, the stairway railings and all the shelving in the 4 closets. Stained the carpets beyond cleaning & killed all of the grass and plants in the yard. Mind you this is a 2-story, 3-bedroom, 3-bath house, so this was a lot of damage. They did not leave a single room untouched, and one of the spare bedrooms still smells like urine after multiple carpet cleanings.

I've been here for over 2 months now trying to get it back in rentable order so I can go back to my finance in Fresno. And am now dealing with trying not to strangle the newest tenants as they nit-pick and demand things that I don't believe they have any legal right to.


OHlandlord

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Posts: 3,737
Reply with quote  #12 
Smack, I hope you called the police when those tenants left.  Ordinary damage cannot be used against a tenant criminally (just in civil damages), but spray painting vulgarities on the walls is intentional damages.  Those people can be arrested for criminal damaging, criminal mischief, committing waste, or vandalism (depending on what they term this in your locality).  These types of damages are intentional and are a crime.  In most places these are a misdemeanor 4 (punishable by 6-12 months in jail and a fine of up to $10 grand).

If a tenant does damages that can't be proved as intentional, there is little you can do other than to try and sue in small claims court for the damages.  Examples of this are carpet staining, pet damages, damages from children, a broken water pipe, etc.  You can't prove they meant to do those things.  They were just careless or negligent.  But damages like you describe are obviously intentional and can result (and should do so) in criminal charges being brought.  I hope you pressed charges and there is now a warrant out for their arrest.
Smackies02

Registered:
Posts: 9
Reply with quote  #13 
Actually OH, the neighbors complained so much about the mess outside and then got nosey and went around through the broken fence and saw through the blinds the damage they had done and called the police, who then called my Nana (LL) because of the obvious act of vandalism.

The property insurance covered the cost of painting the walls & replacing the blinds, but not much else. They basically wrote everything else off as hard living wear and tear. I don't know if the police are actively searching for these people or if there is a warrent out for their arrest, they seemed to my Nana reluctant to do anything about it. Since the tenants skipped town and nobody has any idea where they went nobody gave us any hope that they would be caught. Which is really upsetting because I'd hate to think that these people are doing this to some other poor unsuspecting LL somewhere else.
sean

Registered:
Posts: 2
Reply with quote  #14 

My horror stories  will make every landlord’s toes curl.

What’s the worst case scenario if you decide to become a landlord?

  • None paying tenants?

  • Damage to the fixtures and fittings?

  • A huge cleaning bill?

  • None payment for utilities bills?

  • Thrown in jail?

  • Extortion?

if really need to know go to my link and read it, what i have read in this page is nothing comparing to what i have gone through. http://www.protenants.150m.com


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my horror stories will make every landlord’s toes curl.
What’s the worst case scenario if you decide to become a landlord?
None paying tenants?
Damage to the fixtures and fittings?
A huge cleaning bill?
None payment for utilities bills?
Thrown in jail?
Extortion?
http://www.protenants.150m.com
OHlandlord

Registered:
Posts: 3,737
Reply with quote  #15 
Sean, I sympathize with your plight.  But for the sake of learning from others' mistakes, there were several things you, as the LL, failed to do properly.  Please do not take offense at these remarks.

-Never accept anyone who doesn't have the move in monies, in certified form, at lease signing.  If they don't have the money then, they don't get to sign a lease or obtain a key.  Only accept full monies, paid in cash or bankiers (not personal) check, or money order. No personal checks or promises to pay.
-Verify all of the information on their application.  Verify employment, wages, length of time there, etc.
-Screen!  Run a credit report on the applicants.  In this case, it would have shown bad credit due to all the bad debts.
-Run a background check.  This would have shown the previous judgments they had against them.
-Screen rental history.  Use (the internet to) google, zabasearch, whitepages, and other sites to find prior addresses for the applicants.  Use tax auditor sites to find the owners of those adresses and contact them.  You find many "forgotten" LLs this way who will give you a world of info on your applicant.
-Enforce the contract.  Serve the Pay or Quit notice (or your area's equivalent) as soon as rent is not paid the 1st time.  The mortgage company doesn't listen to hard luck stories.  Neither should a LL.  If in doubt about when this notice will expire, ask the clerk of court so you don't file too early.  Have a witness see them get served or have it done by a 3rd party who can testify to it.  If notice by posting on the door, take a dated digital photo of it hanging there to prove service.
-Follow through.  If they don't move out by the time the notice expires, file for eviction.
-Execise your rights.  If a tenant refuses repeatedly to allow entry, file for a court injunction to force the tenant to allow entry.  The court will order the tenant to allow you in.  If they still refuse, they can be jailed or fined for contempt of court.
-Don't negotiate.  Once this process starts, have no communtication with the tenant except that of the official notices and court hearings.  Don't pay extortion money.
-If in doubt of the process, hire a professional.  An eviction attorney (not a Real Estate attorney) will do nothing but evictions and does them for a flat rate.  A good attorney can speed the process along since he knows all the delaying tactics and court procedures.

If you still are in the LL business, Sean, please learn from this mistake and use the above tips to find good tenants.

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