dakota5176
Registered: 08/07/08
Posts: 21
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Reply with quote | #1 |
Hello all,
I have a tenant who has a lease until April 30th. They are planning on moving out now without paying the last months rent. They are claiming that the basement flooded and is full of mold. Our property management company was out twice and an independent firm out once and found no evidence of this. There was apparently a little water on the floor and the property management company installed a new water softner. They told me that the amount of water on the floor was negligible.
Tenants are now refusing to speak to property manangement company claiming the lease is with me not with them. The property management company is my agent though so don't they have to recognize that? Can they refuse to deal with them?
I want to puruse them for late fees, they haven't paid this months rent and still owe us on last months rent. On top of that we will be stuck renting it out in the winter so it may be difficult. I would like to include cost of having it empty while we search for new renters. I would also like to hit their credit. What is the best way to go about doing this? I am willing to hire a lawyer, a friend of ours would help us out should we ask.
What advice do you have for me?
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haynesm
Registered: 10/30/07
Posts: 58
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MOON
Registered: 09/16/08
Posts: 275
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Reply with quote | #3 |
WHY DON'T YOU DO A CONSULTATION WITH AN ATTORNEY, I THINK THATS THE BEST THING. I THINK YOU WILL FEEL BETTER IF YOU DO - SOME CHARGE FOR CONSULT BUT NOT TOO MUCH & MOST WILL USUALLY USE THE CONSULT FEE TOWARD THEIR SERVICES SHOULD YOU CHOOSE TO USE THEM. |
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OHlandlord
Registered: 01/20/07
Posts: 1,836
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Reply with quote | #4 |
That isn't necessary. If I had a dollar for every time I heard the word mold...
If you want them to deal with the PM company, simply send the tenants a certified letter stating that the PM company is acting as your agent and that you authorize all communication and payments to got through them. Let them know you will no longer handle any of the business of the rental and that will have to deal with the PM company.
As for the non-payment, serve them with a 5 day Pay or Quit notice. If they don't pay by the time it expires (not counting the day it is served, weekends, or holidays), file to evict. They have no proof of mold. No test results. No lab reports showing the strain of mold, the PPM of mold in the air, the amount of mold inside vs, the amount outside, etc. Basically, no proof of any mold. Plus, if they decided to rent withhold based on uninhabitable conditions, they don't just get to keep the money! They must deposit the money with the clerk of court on the due date. The clerk notifies you that the court is holding your money until you make repairs. Keeping the money is simple non-payment.
In order to get all this money back and ding their credit, you have to sue them in small claims court. You need a judgment against them. That will allow you to garnish wages, attach bank accounts, lien personal property, and will automatically (once you have it recorded) put it in their credit report.
Make sure you have written reports from the PM company of their inspections and that private company. These people are just deadbeats.
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