Painting the premises
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Painting the premises (by Anthony [NC]) Jun 9, 2009 1:35 PM
       Painting the premises (by MrRational [MD]) Jun 9, 2009 1:44 PM
       Painting the premises (by Anthony [NC]) Jun 9, 2009 2:01 PM
       Painting the premises (by pmh [TX]) Jun 9, 2009 3:36 PM
       Painting the premises (by Virden [OH]) Jun 9, 2009 5:17 PM
       Painting the premises (by AllyM [NJ]) Jun 9, 2009 6:22 PM
       Painting the premises (by Mike45 [NV]) Jun 9, 2009 6:28 PM
       Painting the premises (by Anthony [NC]) Jun 9, 2009 6:53 PM
       Painting the premises (by pmh [TX]) Jun 9, 2009 6:57 PM
       Painting the premises (by in [IN]) Jun 9, 2009 8:00 PM
       Painting the premises (by billy [MA]) Jun 10, 2009 7:26 AM
       Painting the premises (by Anthony [NC]) Jun 10, 2009 8:15 AM


Painting the premises (by Anthony [NC]) Posted on: Jun 9, 2009 1:35 PM
Message:

State Specific Question About: NORTH CAROLINA (NC)

06-09-2009: Hello, I recently leased my property to a family. Upon visiting the property, I noticed they'd painted two rooms (pink and dark grey, respectively). I had neutral colors throughout the premises and wanted to keep it that way. My plan is to send a certified letter telling them I expect the house to be painted back to its original neutral colors before moving out.

In addition, the fist month's rent came over in multiple payments. One of those personal checks bounced. I have it that I can charge a fee for this in the lease agreement.

My question: If the checks keep bouncing, at what point does this constitute a breach of contract and can aske them to leave, if it gets to that point (I hope it does not)? --68.205.xxx.xxx




Painting the premises (by MrRational [MD]) Posted on: Jun 9, 2009 1:44 PM
Message:

What we have here... is a failure... to communicate.

You write like an educated but woefully ill-informed accidental LL. Your tenant sounds like your basic low life. This will not end well.

The decision you have to make (and I mean tonight) is whether you want to continue with these tenants or whether you want to dump them and start over.

Neither choice is free or without effort on your part. But how to go about the two options are a very different set of suggestions.

The one common theme though is to learn the LL/Tenant laws in NC and your county, visit the rent court there, and make the acquaintance of an experienced LL attorney.

Find one who does evictions on a flat fee basis and one who has a court tested lease to be using in the future.

--65.196.xx.xx




Painting the premises (by Anthony [NC]) Posted on: Jun 9, 2009 2:01 PM
Message:

Thanks. I consider myself a somewhat educated "newbie". Because of market conditions I felt compelled to make what is probably a bad decision...leasing to low life's, because I didn't want to pay for 2 properties myself. Now I'm sure I'll regret my decision. I quickly looked at NC laws but it didn't seem like they had any particular timeframesas to what constitutues a problem tenant. I understand that if they're late by 5 days or so it's time to start worrying and perhaps putting some plans in action. --68.205.xxx.xxx




Painting the premises (by pmh [TX]) Posted on: Jun 9, 2009 3:36 PM
Message:

don't get sidetracked 'at what point" a bounced check is breach of contract. the rent is not paid. post pay or quit notice then file for eviction.

later you can worry about the paint job. --97.94.xxx.xx




Painting the premises (by Virden [OH]) Posted on: Jun 9, 2009 5:17 PM
Message:

An easy way to get them started out correctly is to send a letter certified mail asking for only certified funds for the next 5 months - ya gotta get past the holidays, and you they miss this then you hit them with the eviction process so you still have a chance to rent to a family looking for a nice place and will follow thru with paying the rent in full on time. --76.241.xxx.xxx




Painting the premises (by AllyM [NJ]) Posted on: Jun 9, 2009 6:22 PM
Message:

The pink and grey is annoying but in the long run a small issue.

You can send them the letter saying that they are not to be painting anymore as it is damage that they will pay for later.

You should not allow them to paint it back because they will not do a good job. Just let them know that the cost of painting will be taken from their security deposit when it comes time for them to leave.

Actually, I would probably not mention that they will have to pay for the repaint until they are on their way out. If they are lowlifes and you annoy them they might do more damage.

See if the rent arrives promptly and in one piece next month. If not, then you can decide to evict or keep babying them along. If it gets worse you might want to evict because by winter time if they have to pay for heat, payment could get much worse. --76.99.xxx.xx




Painting the premises (by Mike45 [NV]) Posted on: Jun 9, 2009 6:28 PM
Message:

AllyM, I agree with your second thought, do NOT tell the tenants that you are deducting anything from the security deposit until after they are out.

Anthony, I wonder if under NC law, you can insist on having your painter paint the rooms back to nuetral colors NOW, and make the tenant pay for it NOW-- billing the tenant (the tenat won't pay), deducting the cost from the next month's rent, and then sending a Pay or Quit for the shortfall in rent.

Otherwise, when the tenant finally vacates, there will be rent owing equal to at least the sedcurity deposit, and you will never see tany money for the painting and other damages.

--216.175.xx.xx




Painting the premises (by Anthony [NC]) Posted on: Jun 9, 2009 6:53 PM
Message:

Thanks everyone. Very timely and very helpful. It looks like I have my work cut out for me. I'm drafting my 1st letter right now to notify them of the past due rent (a portion of it). --68.205.xxx.xxx




Painting the premises (by pmh [TX]) Posted on: Jun 9, 2009 6:57 PM
Message:

anthony - the TOTAL rent has not been paid.

it is ALL due at one ime. do NOT get involved in partial rents paid.

post notice / then file for eviction. --97.94.xxx.xx




Painting the premises (by in [IN]) Posted on: Jun 9, 2009 8:00 PM
Message:

First you need the room pained back, and you also need to notify them of the bad check,

You need it back to the lighter color so you can show it, and you need your money because you have bills, seems like both can be addressed in the same letter, and solved in 10 days... --68.58.xx.xx




Painting the premises (by billy [MA]) Posted on: Jun 10, 2009 7:26 AM
Message:

i hope your rental agreement prohibits them from doing repairs and alterations.did they initial the page showing they read it?i would call them on it in writing.i usually tell them 1 ck bounced can u replace it today?i have 1 now too but the tenant has been impeccable for several years so im sure she will do the right thing by me. --208.58.x.xx




Painting the premises (by Anthony [NC]) Posted on: Jun 10, 2009 8:15 AM
Message:

I sent two separate letters (certified) today. The first addresses the past due payment and the second addresses the paint. I also left a message last night requesting immediate payment and leting them know I'm not happy with the paint. I'm sure I'll speak with them today. --68.205.xxx.xxx





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