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ResidentialLandlord01

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Posts: 3
Reply with quote  #1 
I have two tenants and one of my tenants is threatening to move if I do not evict the other who is a has previously been in trouble. The reason given to me is if the other tenant has a warrant issued due to a recent crime it could effect the other tenants employment since he/she works for the government which is partnered with the ftc. Apparently my other tenant feels like their employer would find them guilty by association just for being another tenant living in the same house.

I'm told by them that they could be fired, because a crime was commited at the same address they now reside eventhough they were not involved at all. I'm told that any warrant issued under the same address to someone besides them could affect their own employment within the government or the ftc. Is this at all true? Will the government and ftc hold them accountable just because a warrant was issued to one of my other tenants under the same address eventhough it had nothing at all to do with them? I tried to lookup the guidelines of employment under the ftc, but came up empty so anyone who might know this please help me answer this. Is there any legal valid reason to evict someone for this. If they were only issued a misdimeanor citation, but not anything to do with violence or class A. Could evicting this tenant risk me being sued, because the other tenant just doesn't want to be associated with them. Is there such a law that allows this if there is infact a risk to this affecting my other tenants employment due to the nature of their work?

Do I risk losing a very good tenant or just wait it out. Tenant number two has been late on rent a few times, but due to some unforseen circumstances and very bad luck this past week I chose to give him one more chance to make it right. I feel bad for the guy, but I really don't want to lose my good tenant over this. However I think if I wait it out the tenant will come to me short on rent again one final time where I can issue the quit notice while knowing I gave that tenant plenty of oppertunities to make it right.

If you were in my shoes what would you do? I certainly do not want to put my other tenants job at risk.
AccidentalRental

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Posts: 137
Reply with quote  #2 
I have no idea if what your tenant is saying is correct but she's a responsible adult.  If she finds herself in a situation that puts her employment at risk then it's her responsibility to get herself out of that situation. Not yours. 

That said, I would consider evicting him for the late payments.  If he has a warrant for arrest and is paying rent late, it's only a matter of time before he can't pay at all - or worse.  It sounds like he has to go but for the reason she is saying.

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LLinVA

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Posts: 441
Reply with quote  #3 
I don't think you can evict because a co-tenant is making claims. You need something supported by the lease and law. In Virginia, we couldn't evict if they get the rent paid by the time we get to court, so even if he pays late again, I don't know if that will be enough for you to evict.

I find it hard to believe that her job would be that threatened by this. If she needs a security clearance, I could see something like that putting that in jeopardy, but even then, I would think that their investigation would show that it wasn't her. 

I also would think she should go to her supervisor and make them aware of the situation, then they could guide her as to the best plan of action (perhaps moving is her only reasonable reaction in their eyes). 

Are there different units, are they renting separate bedrooms in the same house, or what? What crime was it? 
ResidentialLandlord01

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Posts: 3
Reply with quote  #4 
Okay so here is the skinny on the situation - Residential landlord renting out bedrooms in the same house.

Tenant #1 is good and always pays on time. I never have any problems with her and she is a great lady. I would hate to lose her as a renter, but if tenant 3's problems will affect her job in anyway. I will evict tenant 3. I don't want to put her job at risk. She has done nothing wrong to deserve this.

Tenant #2 is good and always pays on time, but he is making demands about the next renter which is irritating me since a landlord legally cannot discriminate between renters based upon certain factors so I am ready to accept his 2 weeks whenever he wants me to. The last straw for me was when he suggested I kill my dog just because he's old to make the place more comfortable for him. The way I see it is if he can't live with my dog in the house he can look elsewhere. I will do everything I can to remedy the situation, but the dog is old with some minor issues. However he still has alot of life left in him. I will not put down my dog for this guy. I will take his two weeks and gladly let him move away before I ever do that.

Tenant #3 is problematic - There is always some bogus excuse I hear for reasons he can't pay right now.

Continued on tenant 3
There has been other occasions before december.

Reason 1: December 21, 2019
Man its christmas time and I couldn't disappoint my kids
Paid rent up to date on 28th $300, but never paid the late fee that was due.
Told me "I'll get you your extra 35 bones next week"

Reason 2: Jan 04, 2019
Man something got messed up with my check I will have to pay you next week
Paid rent for 4th-11th up to the 18th on the 11th $300 (begged me not to kick him out)
Gave me an excuse for the late fees due and told me he would pay the $70.00 due within 2 weeks. I made him sign a piece of paper that there could be no more late payments at all within a 12 month period.

We came to the agreement that he would pay off the $70.00 by paying $185.00 for two weeks straight instead of the usual $150 a week.


Reason 3: Jan 18, 2019
Rent day rolls around and I am expecting the $185.00 as promised.
Well everything went wrong that day - His car was involved in a hit and run and the other guy is claiming a head injury which would up it to a felony, so the police came to take his car away. Now he's facing court costs + possible incarceration at trial + impound fees + car repairs + his weekly room rental cost + child support + previous wage garnishments. However the cop said if my tenant would just come in and give him his side of the story he would make it nothing more than misdimeanor citation. This however scared my other good tenant, because she says she can't live anywhere where a felony has been issued due to the nature of her job.

When he came downstairs after having slept off whatever. He told me that he loaned his car to a friend and they were the ones who did it. That they did not even tell him they had wrecked his car. They just dropped off the keys and left it. My other tenant who wants the guy gone tells me that he was really messed up  that morning and he specifically told her he was going somewhere, but he swears up and down to me that he never left the house and he was asleep.

When I asked where my money was he sent me a text that said you'll get it I promise. I'll give you $180.00, but $185.00 was our agreement plus now its 3 days late.

I feel like I am being punished for letting this guy into my home. He always pays late and gives me the dumbest excuses I have ever heard, but I can't help but feel sorry for him especially for him wanting to treat his kids right at christmas or the really bad luck that has fallen on him on january 18, 2019. If his friend really did mess up his car and not him then I feel bad for the guy. I can't help it thats just me, but at the same time I feel asthough his car being wrecked is not on me nor are his other expenses. He has a lease with me and he is constantly breaking that lease by only giving me a partial payment or paying way late. I was told by the cop who came to tow the car that the guy already had a suspended license so why was there ever even a car at the house for him to drive. How did he even acquire a car and insurance if he had a suspended license?

My two other tenants can't stand the guy and they tell me he is using my generousity and compassion with his excuses. They told me that after he shorted me the late fees on the 11th he immediately went out and partied it all away. He seems to care more about partying than keeping a roof over his head this is shown to me by the way he doesn't prioritize his rent, but prioritizes what he wants as important. I guess I really do have a big heart for others, because I feel bad for having to evict anyone despite this. I have given the guy multiple chances and even had him sign an agreement that there would be no more breaches of the lease. I am so sick of having to go take out my hard earned money just to cover the extra bills and expenses that his money would go torwards. You know aswell as me that when our tenants don't pay we have to foot the bill for them and unlike our tenants who have lease laws and time periods for eviction we can't tell a bill company or mortgage company "Hey I don't have it right now. I will get it to you as soon as possible." They won't listen to that at all. They will shutoff our stuff without hesitation and foreclose on us no matter what our tenants did.

I was going to evict him on the 18th the second he gave me an excuse, but I feel so bad for the guy for what has happened to him. He is in such a bind. However why should I be punished for his stupidity of him loaning out his car to someone or him wrecking his car.

My other tenants do not think I will ever evict him so they are telling me that if he doesn't leave they will. I would hate to lose two every good tenants over this guy, but tenant 2 is acceptable if he really can't live with my dog or compramise. I consider him an acceptable loss.

Prior to the 28th of december Tenant 3 came to me asking me to allow him to pay bi weekly instead of weekly because thats when he gets paid. I made an agreement with him to see if he could handle paying ever two weeks and he messed that up. He didn't fulfill his obligation then, but still I kept hoping he could change and I tried to give the guy chances.
AccidentalRental

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Posts: 137
Reply with quote  #5 
You've got your answer.  Evict now.  You will never see another dime from this guy.  Issue Pay or Quit and move on.
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LLinVA

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Posts: 441
Reply with quote  #6 
Agreed. No matter what his reasons, he's not paying and that's the only thing that matters. 

You can't evict because Tenant 2 wants you to.

You can't evict because Tenant 1 claims she'll lose her job.

You need to evict because he's not paying rent. It doesn't matter what excuses he comes up with, he's a bum and shouldn't be your problem.

Next time, be more thorough about screening for credit and background checks, and don't make exceptions because you really want to get it rented in the next week. The wrong tenant will cost you a lot more than the extra couple weeks it will take to find the right tenant.
ResidentialLandlord01

Registered:
Posts: 3
Reply with quote  #7 
Understood, he came to me on monday the 21st (3 days late) and told me he didn't have the $185.00 he promised to pay me on friday the 18th so I told him either he pays me whats owed before midnight on the 25th or I will evict him with a quit notice. Not a pay or quit notice, but a QUIT notice. He told me he would get it to me before midnight. I have very little faith in him fulfilling this obligation, but we will see. If he doesn't give me everything thats owed he is getting evicted.

I reminded him that we have been down this road before and I have already gave him a notice before to pay or quit which had an extra addendem to it which stated anymore lease violations within a 12 month period from january 11, 2019 will result in an eviction. It also states that if he violates the lease again at anytime within a 12 month period he understands that he will be liable for any and all attorney fees aswell as court costs of both himself and the landlords. He remembers signing this so he understands that if he comes to me with any excuse whatsoever on friday jan 25, 2019 he will be evicted + be liable for the all fees and costs resulting from it.

He understands that I fully intend to recover any and all of my money lost thru wage garnishment if we have to goto court instead of him paying me whats due this friday. If he decides to hold back for any reason I will take it from his paycheck after the court date.

I told him straight up that I was sick of footing the bill for him. I also made him shake my hand that if he doesn't have all thats due by friday the 25th he will recieve an eviction. My whole reason for doing this is, because a handshake means alot more to me than someones word in this day and age. Its your solemn promise to stick to your agreement or face the consequences. You acknowledge those consequences when you choose to shake on it. Its also my sworn promise to do exactly what I told you I would do if you break that agreement.

In TN we have to issue 1 pay or quit notice first within a 12 mo period, then if they violate the lease again within those 12 months we can issue a 14 day QUIT notice the next time around. This allows the tenant to remain at the location for 14 days as a occupant only to which they can continue to pay off their debt or pay for occupancy, but it does not renew their tenancy. Its only for occupancy within those 14 days. After 14 days the lease is terminated reguardless since it is a non curable notice. Then the landlord can take them to court to recover anything that remains unpaid.

Its very imprtant to note that...
No landlord should ever use any illegal method which violates the landlord tenant act such as changing the locks, harassing them for payment, kicking someone out by force, or shutting off utilities on them. This violates the landlord tenant act and could result in the landlord being sued for wrongful eviction methods. While we all want bad tenants out as soon as possible its very important to follow all proper legal proceedures or the tenant can sue said landlord for wrongful eviction methods.

I hate that its come to this, but it is what has to be done if he comes up short again. I will definately be much more careful in my screening  process for all future applicants.
Anonymous

Registered:
Posts: 41
Reply with quote  #8 
All I got to say is be leery I've tended to and him not poisoning your dog and I don't say that jokingly.

I agree with some of the other responses in that, the lady who is worried about her job is an adult. She needs to put on her big girl panties and talk to her supervisor or human resources about her situation. Her job situation is not your problem you're running a business. It's nice that you can be understanding about the situation but you need to make it clear to her that she needs to address her concerns about her job with her employer not you.
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