Give one last chance? (by Robin [WI]) Aug 19, 2017 12:07 PM
Give one last chance? (by razorback_tim [AR]) Aug 19, 2017 12:18 PM
Give one last chance? (by OPM [OR]) Aug 19, 2017 12:20 PM
Give one last chance? (by RB [MI]) Aug 19, 2017 1:12 PM
Give one last chance? (by TahoeGal [CA]) Aug 19, 2017 1:26 PM
Give one last chance? (by Ken [NY]) Aug 19, 2017 1:31 PM
Give one last chance? (by Gail K [GA]) Aug 19, 2017 1:46 PM
Give one last chance? (by Beth [WI]) Aug 19, 2017 2:53 PM
Give one last chance? (by Vee [OH]) Aug 19, 2017 6:53 PM
Give one last chance? (by Skunk [KY]) Aug 19, 2017 7:20 PM
Give one last chance? (by BRAD 20,000 [IN]) Aug 19, 2017 9:03 PM
Give one last chance? (by MC [PA]) Aug 20, 2017 3:29 AM
Give one last chance? (by Salernitana [CA]) Aug 20, 2017 4:18 AM
Give one last chance? (by GKARL [PA]) Aug 20, 2017 4:45 AM
Give one last chance? (by Lana [IN]) Aug 20, 2017 3:34 PM
Give one last chance? (by Robin [WI]) Aug 27, 2017 7:28 PM
Give one last chance? (by Robin [WI]) Posted on: Aug 19, 2017 12:07 PM Message:
My PITA tenant is moving out at the end of the month. The last two biweekly payments haven't been made, and one more will be due before she moves out. It's unclear whether they're renting somewhere else or buying; the truth shifts as often as she opens her mouth.
She responded to my five-day notice with an email reminding me that she often practices law as a paralegal and knows her rights, and encouraging me to brush up on LL/tenant law. Apparently I've been overcharging them for the last three years and I owe them over $3500 and how would I like to take care of that?
I should post her email for entertainment value.
Here's my question: Her husband's actually a really nice guy. Henpecked. Clearly it's not HER plan to pay the overdue rent. I composed an email to him alone, explaining the potentially dire consequences of having an eviction on his record, because I really don't want to have to do that to him. Then I had second thoughts. It probably won't do any good. They've spent the money elsewhere. But if he understood, maybe he'd come up with a way to pay. Should I email him urging him one last time to pay up, or should I just let the legal notices do the talking? --204.210.xxx.xxx |
Give one last chance? (by razorback_tim [AR]) Posted on: Aug 19, 2017 12:18 PM Message:
My experience has been that those I gave one last chance to didn't perform any differently on their last chance than they did their previous chances. I would move forward with the eviction. --70.178.x.xx |
Give one last chance? (by OPM [OR]) Posted on: Aug 19, 2017 12:20 PM Message:
and her 'proof' of overcharging is'? --162.247.xx.xx |
Give one last chance? (by RB [MI]) Posted on: Aug 19, 2017 1:12 PM Message:
Give one last chance? (by TahoeGal [CA]) Posted on: Aug 19, 2017 1:26 PM Message:
RE:
"email reminding me that she often practices law as a paralegal"
I would ask her if she knows that "practicing law" as a paralegal is a crime in Wisconsin as I sent off a copy of her admission and contact info to the Wisconsin State Bar! --24.7.xxx.xxx |
Give one last chance? (by Ken [NY]) Posted on: Aug 19, 2017 1:31 PM Message:
Just start the eviction process and stop talking to them,she says she is moving but you don't know that to be the truth --24.25.xxx.xxx |
Give one last chance? (by Gail K [GA]) Posted on: Aug 19, 2017 1:46 PM Message:
You've posted your 5 day Pay or Quit notice and she's done neither; just responded with a stupid threat.
The Pay or Quit notice is an attempt for a tenant to remedy the situation before the next step which is filing for the eviction.
File. Don't discuss or argue further with this couple.
Gail --71.203.xx.xx |
Give one last chance? (by Beth [WI]) Posted on: Aug 19, 2017 2:53 PM Message:
Legal notices get their attention in a way that words do not. Proceed with the eviction notice.
Hopefully, they will leave without damages or cleaning needed. Security deposit should cover most of the rent.
The only "second chance" I would do is to nicely but clearly inform the husband that you will be filing in court if you do not receive a money order for rent due in the next day or whenever you would be filing. After all, you do have to treat all of your tenants equally, right? --24.177.xxx.xx |
Give one last chance? (by Vee [OH]) Posted on: Aug 19, 2017 6:53 PM Message:
Once the legal door is open follow the path, let her explain the nonsense to a judge who can wave the Bulloney detector over the paper evidence, why waste any email blah-blah time. --76.188.xxx.xx |
Give one last chance? (by Skunk [KY]) Posted on: Aug 19, 2017 7:20 PM Message:
Life's too short to get sucked into their nonsense!
They didn't pay; start eviction. Ignore everything else and don't spend any thought on it or them. If the money shows, great, they saw the light. If it doesn't, you're that many days closer to getting them out.
--74.139.xxx.xxx |
Give one last chance? (by BRAD 20,000 [IN]) Posted on: Aug 19, 2017 9:03 PM Message:
Robin,
This is why we never rent to attys and their staff.
Stop trying to help those who do not want help. They know they have not paid. They are playing you, knowing you are too "nice" to enforce the lease and tossing around the paralegal threats.
ZT eliminates these hassles and personal stress. Get back on track. It seems the longer we wait to enforce the rules the more they feel entitled. Then "I'm sorry we're late" with time turns into "We'll sue YOU!"
Late? Give proper notice promptly. File promptly. This ALWAYS works. Sleep well knowing it's up to them. They are just waiting for you to file.
Stay strong!
BRAD
--68.50.xx.xxx |
Give one last chance? (by MC [PA]) Posted on: Aug 20, 2017 3:29 AM Message:
Go ahead with the non payment eviction. Might cost you some money but they will realize you are serious. Don't think it will matter contacting the husband-they are in it together and if he wanted to do it behind her back,he would have contacted you. I would keep any communication email/text and stay with the facts only. Rent not paid-eviction. Don't go into the overcharge,dump,health hazard,..whatever excuse it now is that the place they rented for X amount of time is garbage. --75.75.xxx.xxx |
Give one last chance? (by Salernitana [CA]) Posted on: Aug 20, 2017 4:18 AM Message:
Ditto to what everyone has written. It sounds like the couple is irrationally playing off your good graces, including the husband who seems very much complicit even if he might seem like an innocent victim. Please take the legal route in a dry unemotional way to obtain what you really need which is the rent and to get them out.
Please also know that you're not alone, and many of us have had similar situations with tenants. Once this couple is out and a good set of tenants moves in, you'll wonder why you considered giving another chance to your current tenants who know well how to twist a situation to make you follow their odd agenda.
Best of luck and as Brad suggested, please let us know what happens. --67.188.xxx.xxx |
Give one last chance? (by GKARL [PA]) Posted on: Aug 20, 2017 4:45 AM Message:
Put another vote in for just for filing for eviction. I try to never get too close to tenants for this very reason. I don't want my own judgement clouded. Sometimes it gets down to them having expired on their shelf life and it's time to go. They'll attempt to justify non payment, but you should just move forward with eviction. Don't get caught up in side issues like her threats or her husband being a nice guy as none of that has anything to do with anything. Focus like a laser beam on your issue. --207.172.xx.xxx |
Give one last chance? (by Lana [IN]) Posted on: Aug 20, 2017 3:34 PM Message:
No chance. My first rule of landlording is, "No good deed goes unpunished." She would make you pay for being nice.
She is on a rampage, so get her out ASAP, then relish your live without her. The judge will probably only notice she is not paying rent and ignore her Tenant speak anyway. --152.131.x.xxx |
Give one last chance? (by Robin [WI]) Posted on: Aug 27, 2017 7:28 PM Message:
Thanks to all who encouraged me to stiffen my spine. I've filed the eviction papers.
My next question: they're due to move out on the 31st, and she's already asked to schedule a time to do the walk-through at 10 a.m. on that day. It seems likely that they'll move out before the court date on Sept. 9th. If they do, what happens? Do I cancel the court hearing? They'll still owe me damages (SD will come close but won't cover all the missing rent + late fees) so I still need a court hearing for damages.
My plan is to have the process server hand them the papers when they hand over the keys, but at that point it will be moot--or will it? This is my first eviction, so I'm still learning. --204.210.xxx.xxx |
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