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horselvr

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Posts: 14
Reply with quote  #1 

I have a tenant, she has been there since July in my second home. I am in NY

 

Anyways, Nov 4th I picked up rent and she left me a bill for $107 for a part for our fireplace we had there. She never once contacted us there was an issue, just repaired it on her own and then deducted it off rent. I told her this is not allowed and states in our lease she has to contact us first before doing anything. She refused to pay it. I contacted a lawyer who said give her a 30 day notice because she violated the lease. But also stated being after rent due date of Nov 1, I had to wait until Dec 1.

Nov 12, she text me the sump pump broke and her boyfriend can't fix it. I responded immediatly why is he touching it? She refused to answer but said she is hiring a professional and expect it reduced off Dec rent. I said no, I want access. That pump was just bought last Spring.

Well this was my last communication with her. I have emailed, texted, called, and wrote letters asking for access to the property to fix the pump. She will not answer anything. She disconnected her cell phone and refuses to give me another number (I asked repeatedly in my letters). I had her served with a 30 day vacate letter by affidavit service Nov 29th with another request in writing to gain access to the home. She never paid rent, never notified me she was holding it, never contacted me. I gave her a 3 day pay or quit Dec 5th to being ignored still. This was also by affidavit service. I then filed the papers in court for non ayment of rent, she never showed, the judge signed the warrant of eviction but now i am told it is $150 to serve her. I had to pay double mortgage this month and super short in cash.

I dont know if I should wait until the 30th when her 30 day expires or try to find a way to pay the sheriff to get her served tomorrow.

I then have to take her to small claims to get back rent and damages. It has been almost 2 months of water sitting in the basement.

 

I did call the police in this town. I was told by them I am not allowed to enter that property at all without her permission unless there is a apparent emergency (fire or structure collapse). She has rights because she is renting the home. Regardless if I own or not, she can have me arrested for trespassing if I was not granted permission. This is what the officer told me. So I am doing what i can by writing letter after letter...just to be ignored.

 

just lost in what to do right now

 

OHlandlord

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Posts: 3,814
Reply with quote  #2 

You're not lost.  Have that eviction judgment served on her immediately so you can get her out.  $150 is cheaper than another month of no rent, another month of double mortgages, and another month of unknown damages to your property.  Once out, assess damages, fix them, and re-rent (at a temporary lower rent if needed to get it occupied.)  If you have to, offer a "low introductory rate" for a couple months to get it rented during this time if year.  Just be sure to qualify the tenant on the higher rent and make sure the lease clearly spells out when the rent increases and to what price.

horselvr

Registered:
Posts: 14
Reply with quote  #3 

Her 30 day vacate notice is up tomorrow so after tomorrow she is holdover. I plan to go in tomorrow and see if she moved or have any evidence she is. She still refuses to call me back or respond to any notices I leave. I plan to walk around the property (outside) with a witness and see what damages I can see. I was thinking about calling the police and asking for a escort in case she is still there. Show my 30 day vacate letter.

If she is still there, Monday I am due downtown for a meditation hearing and will be filing the warrant at that time. I also plan to file a small claims action at that time also. If she does move out, just have a smal claims to file.

I was thinking about re-filing the eviction due to non-payment only bc i want that judgement. jdge told me last week if she does not provide a forward address I wont be able to do a small claims against her

OHlandlord

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Posts: 3,814
Reply with quote  #4 

Quote:

jdge told me last week if she does not provide a forward address I wont be able to do a small claims against her


Not necessatily.  It just means you have to do some homework before you can file.  You will have to find the tenant first.  Do you know where she is moving to?  Where she works?  Have her served at work!  Did she file a change of address with the post office? (You can mail a letter to the rental address marked "Address Service Requested" under your return address.  The PO will send you the forwarding if she filed one.)  Does the tenant have a license or trade that is regulated by the government?  They will have an address on file for her.  Check municipal court records periodically.  One traffic ticket and you will be able to find her address!  Some states also allow service by publication.  Ask the clerk of court if yours allows this.  You can publish a notice in the local paper for a period giving her notice about the suit. 
horselvr

Registered:
Posts: 14
Reply with quote  #5 

I did a google on her and know her place of work. Easy to do. Today was the 30 day vacate expiration, she was to be out by today. I went over there tonight to see if there is any indication at all of a move since she refuses to respond to any of my letters or calls. There is nothing there showing a pending move. They were inside watching tv, no boxes any where. Chairs on front porch. Fish tank running in front room. House unpainted (I gave her a rent creit of $175 to paint the home). We knocked, no answer...didnt expect it. Left a letter asking for the keys asap being the 30 days is up. I am going to the sheriffs Tuesday (first day I can) to file her warrant for eviction. I am also on Tuesday filing a small claims action against her for $3000. It is not right the law protects the tenants like this. I understand it is necessary bc of some landlords, but this is our home, we invested so much time and money into it. Just to have a tenant destroy it on us and literally our hands are tied.

horselvr

Registered:
Posts: 14
Reply with quote  #6 

I know the total of small claims will be over $3000... $1500 is owed as it is for the back rent for Nov/Dec. My front door is missing and my basement door was removed. This is besides the sump pump water, the paint she did not do ($175), and anything else... so it is well over $3000

OHlandlord

Registered:
Posts: 3,814
Reply with quote  #7 

If the damages are more than $3000 (and that is the small claims court limit in your state), you do have the option to bump the case up to civil court.  That is what companies do when the amount owed exceeds small claims.

shadyrn

Registered:
Posts: 11
Reply with quote  #8 

I feel your pain- this house we are renting out was our home for 13 years, our neighbors are dear friends, and we have little control because of our inexperience- my neighbor called me last week to let me know our house was being raided. We are doing everything according to the law- they obviously didn't, and we are paying dearly for damages and lost income, along with the feeling of failing the neighborhood (even the detective said, "we've never been in that neighborhood for drug trafficking!")  SIGH

Ajitallbey

Registered:
Posts: 47
Reply with quote  #9 
I feel your pain.




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