I won, what's next?
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
I won, what's next? (by LadyLL [MA]) Mar 19, 2012 1:01 PM
       I won, what's next? (by Dan [MA]) Mar 19, 2012 1:35 PM
       I won, what's next? (by Steve [MA]) Mar 19, 2012 1:53 PM
       I won, what's next? (by BRAD 20,000 [IN]) Mar 19, 2012 1:57 PM
       I won, what's next? (by BRAD 20,000 [IN]) Mar 19, 2012 2:03 PM
       I won, what's next? (by LadyLL [MA]) Mar 19, 2012 4:27 PM
       I won, what's next? (by LadyLL [MA]) Mar 19, 2012 4:30 PM
       I won, what's next? (by LadyLL [MA]) Mar 19, 2012 4:36 PM
       I won, what's next? (by Jeffrey [VA]) Mar 19, 2012 4:37 PM
       I won, what's next? (by reid [KS]) Mar 19, 2012 8:03 PM
       I won, what's next? (by Virden [OH]) Mar 19, 2012 9:36 PM
       I won, what's next? (by BRAD 20,000 [IN]) Mar 19, 2012 9:41 PM
       I won, what's next? (by LadyLL [MA]) Mar 20, 2012 6:55 AM
       I won, what's next? (by Steve [MA]) Mar 20, 2012 9:58 AM
       I won, what's next? (by Virden [OH]) Mar 20, 2012 12:00 PM
       I won, what's next? (by Steve [MA]) Mar 20, 2012 3:21 PM
       I won, what's next? (by LadyLL [MA]) Mar 20, 2012 4:58 PM
       I won, what's next? (by Wilma [PA]) Mar 21, 2012 6:45 AM
       I won, what's next? (by LadyLL [MA]) Mar 21, 2012 7:13 AM
       I won, what's next? (by Wilma [PA]) Mar 22, 2012 11:57 AM
       I won, what's next? (by Steve [MA]) Mar 22, 2012 4:30 PM
       I won, what's next? (by Mark [CA]) Mar 29, 2012 1:38 AM
       I won, what's next? (by Steve [MA]) Mar 29, 2012 5:39 AM


I won, what's next? (by LadyLL [MA]) Posted on: Mar 19, 2012 1:01 PM
Message:

State Specific Question About: MASSACHUSETTS (MA)

He is definately scary, that Judge, but also fair. I won my motion, and got my right to evict back. He was still angry about the constable, but I apologized and explained that it was never my intention to not give proper notice. He stated that it wasn't my fault, but it was my constable, to which I replied, "no longer". This tenant was in rare form today, and fought w/the housing specialist twice, and the Judge! Afterwards, I went to my new constable, and got things going w/them for a full move out on Friday. So my question is, what's next? I know the tenant can go down to the housing court again, but it is rare for the decision to be reversed at this point? Remember - my tenant is more of an experienced professional than I am. Recommendations on moving forward are most welcome. One question - what screening service do MA LL's use? Last one I used didn't work. Thank You, as most of you have been very understanding and supportive.

--76.119.xxx.xxx




I won, what's next? (by Dan [MA]) Posted on: Mar 19, 2012 1:35 PM
Message:

A good constable will now talk them out before Friday because that will save you a lot of money. A good constable will scare them with the reality of what is about to happen and the reality that most people never see their stuff ever again because they can't afford to get it out of storage. He'll convince them that it is entirely in their best interest to get themselves out before the deadline. --76.19.xx.xx




I won, what's next? (by Steve [MA]) Posted on: Mar 19, 2012 1:53 PM
Message:

Congratulations LadyLL, it's been a long haul but the finish line is in sight. DO NOT do any more talking with this soon to be former tenant, let the constable & the movers handle things.

Be prepared to change all of the locks (including garage door opener if there is one) & secure the unit as soon as the constable returns it to you. Then go thru taking pictures & notes on any tenant damages, prep the unit for the next tenants and make sure that you account for any SD within 30 days of getting the unit back.

As you screen their replacement, the most important thing you need to do, is to remember how difficult, how expensive & how aggravating getting rid of this unwanted tenant has been. --151.203.xxx.xx




I won, what's next? (by BRAD 20,000 [IN]) Posted on: Mar 19, 2012 1:57 PM
Message:

LadyLL -is that name a spinoff of Lady Gaga? :)

Your MA system is waayy different than mine and you'll get some great advice in a few minutes, but I'd like to offer a suggestion.

We have seen great success by getting the resident to sign an agreement for the amoutn they owe BEFORE they are out.

Once he's gone you have to find him to get ANY money.

Put a PERMANENT MAILING ADDRESS on the form - his parent or someone stable, not likely to move. --50.129.xxx.xxx




I won, what's next? (by BRAD 20,000 [IN]) Posted on: Mar 19, 2012 2:03 PM
Message:

Steve posted while I was typing.

I teach that a good eviction starts with the application before move-in. --50.129.xxx.xxx




I won, what's next? (by LadyLL [MA]) Posted on: Mar 19, 2012 4:27 PM
Message:

Unfortunately, in my day, it was Madonna that ruled, not the current LadyGaga - although she is interesting! I guess we have that much in common.

Thank U Brad. I was discussing the importance of serving damages while I still know where to serve them. At least for the amount not currently on judgement.

Steve - much thanks!!! I have been planning a locks lesson w/my facilities spec. husband in prep for Fri. I will secure the other entrances as well. I will wait, close by but far enough away as to not be seen, and when I get the ok, I will go in. Man, do you guys ever feel like 007?

Next problem - although I figured out the court stuff, I am baffled at the screening prospects. I would love everyone's input as to screening guidelines, resources, and good books. I have several so far. --76.119.xxx.xxx




I won, what's next? (by LadyLL [MA]) Posted on: Mar 19, 2012 4:30 PM
Message:

But I am looking for a "Cliff Notes" version. --76.119.xxx.xxx




I won, what's next? (by LadyLL [MA]) Posted on: Mar 19, 2012 4:36 PM
Message:

Pls let me clarify, as I am beat. Several prospects, and several obvious resources (i.e. mr.ll, etc.) I would like guidance as to what works best. Thanks again! --76.119.xxx.xxx




I won, what's next? (by Jeffrey [VA]) Posted on: Mar 19, 2012 4:37 PM
Message:

LLMA, you say you are looking for a good screening service. For running credit checks, many of the landlords who visit this site (including ones in MA), use the service featured on this site. --205.188.xxx.xx




I won, what's next? (by reid [KS]) Posted on: Mar 19, 2012 8:03 PM
Message:

Get yourself a copy of "small claims Court , how to Collect the money you've won" by Jim Martin. It's available on this site and is very good information and reference. --108.238.xxx.xx




I won, what's next? (by Virden [OH]) Posted on: Mar 19, 2012 9:36 PM
Message:

Best thing right now is rest up for the end of the saga, just rent a few movies and relax, take pictures of obvious damages even if you do not have move-in photos for comparison, take a set before you rent again. If carpet think ketchup spills, walls with shoe polish, hopefully not much worse but you never know until the food, furniture and packages are moved all moved out - this is why you do not have to give an instant refund, You have Steve and Dan coaching you on the MA law as 30 days till accounting statement - use cert mail so when you get the green card this timeline can not backfire and somewhere maybe they accidentally updated the court on a new address, this is always a good idea telling them you want to send the settlement to them and sometimes settlements go far beyond 1 month we are allowed to hold as deposit here, In 2011 I had a unit inspected in detail in Dec 2010 after lead repairs and 4 months later 6700 damages from overflowing 2nd floor tub, repainting to look like a sports bar - all the way down to the laundry room where they built an extra room in the basement so close to the gas line we had to cut away the wall so it could be turned off. I had another one change the locks after we had police open the unit to check for damages - I thought it would have been completely trashed but just some stupid stuff around 350bux. --99.128.xx.xxx




I won, what's next? (by BRAD 20,000 [IN]) Posted on: Mar 19, 2012 9:41 PM
Message:

I'm in the Paul McCartney "La-dee Madon-na, child at your feet..." group.

My kindergartener came home singing "like a virgin..." from the school bus radio.

You need to get to St Louis. Fly, drive, hitch, or walk but GET THERE! It will be a life changer for you! --50.129.xxx.xxx




I won, what's next? (by LadyLL [MA]) Posted on: Mar 20, 2012 6:55 AM
Message:

I do have move in photos of the place. I expect it to be dirty and trashed, but if I find obviously serious damage done in retaliation, I will call the cops and file a malicious destruction of property criminal complaint. If I am not mistaken, in MA we get 10 days. Tenant and I both know there is already damage done beyond the deposit, so I don't think the tenant will tell me where she is going. Her boyfriend kicked in the front door last year, and although I repaired it, the contractor replacement estimate about covers that. Every blind in the place needs to be replaced, they broke a door inside and I have sheet rock repair to do also. Tenant snuck in two cats and admitted they peed on my new rug also. Luckily I am great at cleaning, mudding, sanding and painting, and my husband will help me w/the doors. We are planning on keeping the $500 deposit, once we go through the place. Can I get a forwarding address from the post office if the tenant won't give it to me? --76.119.xxx.xxx




I won, what's next? (by Steve [MA]) Posted on: Mar 20, 2012 9:58 AM
Message:

LadyLL, in MA we have 30 days after the return of the unit to send the SD accounting. Make sure that if they have been there 12 months that you account for any interest due the tenant.

I usually send mine a few days B/4 that to make sure it arrives in time. I always send it certified mail return receipt requested with restricted delivery. If the tenant did not provide me with a new address, I send it to their last know address (my unit) & if it comes back I just put it unopened in their file. If we end up it court the judge can open it.

Don't worry about having the tenant give you their new address. They most likely don't have any money anyways. Your efforts will be better spent getting the unit ready for new tenants & finding a good new tenant.

Make sure that you either remove the mail box lock or even the whole mailbox when you get the unit back. At your leisure you can track down the deadbeat. The first thing I do is ask any of the other tenants or neighbors if they know where they went. Then I ask the mailman if they have filed a change of address. I wait a few weeks before I try getting any official change of address info from the PO. I find that some tenants think if they wait a month or so before filing a change of address that you won't be able to find them.

As long as you have a properly signed application you can run a new credit report to find out where this tenant moved. Usually their new address will show up within 6-12 months.

--151.203.xxx.xx




I won, what's next? (by Virden [OH]) Posted on: Mar 20, 2012 12:00 PM
Message:

Steve, when you do the accounting statement can you wipe off the interest in the damages? I have done this for many years and had some well spoken atty as well as legal aid who never asked about this, I came close to losing a case once but so far have always prevailed - collecting is another story as we have all been somewhere in the frog jumping game. --76.241.xxx.xxx




I won, what's next? (by Steve [MA]) Posted on: Mar 20, 2012 3:21 PM
Message:

Virden, in MA we have to give them their interest every 12 months. You are not suppose to let it accrue for any longer. On the plus side they only get interest if they are there at least 12 months. --151.203.xxx.xx




I won, what's next? (by LadyLL [MA]) Posted on: Mar 20, 2012 4:58 PM
Message:

Steve, I sent her a check for her interest, tracked mail, and document that she confirmed her receipt of it, upon her one year anniversary. Of course, with what the bank paid, it was only .60, so she never cashed it. I sent her a copy of the statement too (LL/Tenant Acct). I would think I could account for the interest paid, and unpaid against the damages, couldn't I? Don't I have to file a motion for another judgement anyway for the damage (in excess of deposit) to the unit, and the cost of the constable/movers? I reviewed the agreement I made w/the tenant to reduce rent, with the housing specialist, and stated that since she broke it, I wanted the $1,175.00 I lost in making it back also. He said I could file a motion for that, and that I would likely win. This motion for lost money would just attach to the current eviction case, right? I'm just worried JK won't like it. --76.119.xxx.xxx




I won, what's next? (by Wilma [PA]) Posted on: Mar 21, 2012 6:45 AM
Message:

Just checking to be sure that you understand that you need to account for what is spent out of the security deposit and send that accounting to the former tenant within the time frame specified by MA. Even if you spend it all and then some - you must send a list of items deducted from the deposit (ie: replacement of front door and frame, $350,etc.) to the last known address, which would be the rental if you don't have a forwarding address - via certified mail, return receipt requested. If you get the return receipt, you know it was forwarded, or if it is returned as undeliverable, keep the envelope (unopened) in the tenant's file.

Also, I believe that if the envelope was forwarded that there is a way to request address service from the post office - ask at your local one. --71.175.xxx.xx




I won, what's next? (by LadyLL [MA]) Posted on: Mar 21, 2012 7:13 AM
Message:

Thank you Wilma! Yes, I do understand that, but what I am unclear on is this:

Is the accounting ok to make a simple spreadsheet - starting w/tenant deposit balance, add unpaid interest for total "tenant credit". Then make a list of all damages, and bring that down to a "Total Damages to Unit", subtract deposit and remaining is: "Total Unpaid Damages to Unit".? Or is there a form I need to use?

Once I mail this, can I finally take the deposit, or do I need to go to court for that too? I was going to wait until I got in there to see what I was up against, and then call the housing specialist. --76.119.xxx.xxx




I won, what's next? (by Wilma [PA]) Posted on: Mar 22, 2012 11:57 AM
Message:

I'm a little out of my depth here. I'm not sure how fussy MA is about this - I know that state is tough to work with. Why don't you post the accounting questions as a new topic for MA LL's to respond to? --71.175.xxx.xx




I won, what's next? (by Steve [MA]) Posted on: Mar 22, 2012 4:30 PM
Message:

Is this hopefully within the next 24 hours former tenant collectible? If they are not, I personally would not waste much if any money & definitely would not waste any more of my time & energy chasing them further.

Tomorrow when you get the unit back, do an initial walk thru & take pictures & notes on any readily apparent damages. Then get the place rent ready & be on the look out for any damages you might have missed during your 1st walk thru. Before the 30 days are up send your accounting along with a check (like that's going to be needed), a list of tenant damages that are not considered normal wear & tear, bills & receipts / estimates for the work that was done or is scheduled to be done. Make sure you sign the bottom with;

Sworn to under the pains and penalties of perjury.

You can go back to court & have the judgement amended. If you decide to go back to court don't worry about what the judge or the housing specialist may think. You should be more concerned to not let this "former" tenant cause you any more emotional grief. --151.203.xxx.xx




I won, what's next? (by Mark [CA]) Posted on: Mar 29, 2012 1:38 AM
Message:

Steve - You mentioned, "As long as you have a properly signed application you can run a new credit report to find out where this tenant moved. Usually their new address will show up within 6-12 months."

Is there any special provision in the application they sign that needs to be added to allow you to run the report again or is it assumed because there is still an outstanding debt from the original application?

Lady LL - If you never get your money back I think you can report it as income (to your former tenants) to the IRS about 10 years after the judgement. You loose the ability to collect. Certainly not something to keep at the forefront of the brain, but you can bet they never saw that coming! --75.140.xxx.xxx




I won, what's next? (by Steve [MA]) Posted on: Mar 29, 2012 5:39 AM
Message:

Mark [CA], as long as you have a valid signed rental application you would be able to run a future credit check provided it was for a legitimate business reason such as trying to collect a legal debt. --151.203.xxx.xxx





Reply:
Subject: RE: I won, what's next?
Your Name:
Your State:

Message:
I won, what's next?
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: