 Always Late(2) (by Lana [IN]) Nov 11, 2018 7:07 AM
 Always Late(2) (by Vee [OH]) Nov 11, 2018 7:26 AM
Always Late(2) (by Lana [IN]) Nov 11, 2018 8:17 AM
Always Late(2) (by Frank [NJ]) Nov 11, 2018 8:33 AM
Always Late(2) (by Scott [IN]) Nov 11, 2018 9:01 AM
Always Late(2) (by Vee [OH]) Nov 11, 2018 9:05 AM
Always Late(2) (by BRAD 20,000 [IN]) Nov 11, 2018 6:38 PM
Always Late(2) (by Lana [IN]) Posted on: Nov 11, 2018 7:07 AM
Message:
See my post from yesterday. I sent the Tenant a notice that Late Fees would continue and a partial payment is unacceptable. I asked him to notify me when he planned on paying the entirety of rent...and...SILENCE.
Well that is that, I will NOT have a Tenant who owes me money and ignores me. I will serve 10 day Pay or Quit on Tues after Veteran's Day and it should hit the day after TG. That should get me on January's schedule for eviction. I feel I might have some trouble getting the Sheriff's Dept to serve another Sheriff.
My question. He paid $100 on 11/9(His payday Fri) and he owed $600 rent plus $35 late fees. Do any of you Landlords feel I should return his $100 partial payment, therefore rejecting altogether a partial payment? I believe my magistrate will let it pass and by January, he will owe much more. Does your court allow a partial payment to delay eviction?
--216.23.xxx.xx |
Always Late(2) (by Vee [OH]) Posted on: Nov 11, 2018 7:26 AM
Message:
Gotta know your judge, here must be returned using court approved transit - after about 100 years the court realized that people will no longer run to the post office and sign for mail, they adopted fedex photo delivery as legally delivered. You need to find out your local process. --76.188.xxx.xx |
Always Late(2) (by Lana [IN]) Posted on: Nov 11, 2018 8:17 AM
Message:
Point of information: my tenant's pay rent into a direct deposit account, so I cannot stop him from paying partial rent to stop process. --216.23.xxx.xx |
Always Late(2) (by Frank [NJ]) Posted on: Nov 11, 2018 8:33 AM
Message:
If I was not entirely sure and comfortable with how to handle I would spend the $ hand it over to my atty.
This is cop, right?
If even half of what you have posted about him is true then I would not let this go one minute more. --74.105.xxx.xxx |
Always Late(2) (by Scott [IN]) Posted on: Nov 11, 2018 9:01 AM
Message:
Something I learned here (Brad) and added to my lease: "Partial payment of rent shall not stop or delay court hearings or eviction unless landlord agrees in writing". Won't help you now, but it might next time. --107.141.xx.xxx |
Always Late(2) (by Vee [OH]) Posted on: Nov 11, 2018 9:05 AM
Message:
To avoid the next partial temporarily close the account for this address. --76.188.xxx.xx |
Always Late(2) (by BRAD 20,000 [IN]) Posted on: Nov 11, 2018 6:38 PM
Message:
Lana,
Here is my full clause which has held up in my court. Send it to your res in writing, now, before filing:
The “walk in/ depsoit only” bank account is a convenience for residents in good standing. Once eviction has been filed that resident is no longer in good standing and may not use this account. If the resident who is o longer in good standing makes a payment to that acccount any monies received are not accepted and the resident will be violating the terms of this lease. Those payments will not be cause to delay or dismiss eviction.”
Now, timimg...Indiana law says the judge cannot HEAR the case (your court date) if ANY payment has been made in the last 30 days prior to the HEARING. This is only a problem if your judge specifically asks or the res brings it up on court. If they don’t appear hand the judge a Motion for Default Judgment. (Already filled out before driving to court)
You can FILE if they made a partial payment.
Season: I am more concerned about a res who falls behind amd may habe his utils shut off than the possible vacancy in cold weather. And the last few winters we have rented straight thru the whole season without a hitch. People still move in winter.
People bet their heat shut off in winter.
Stay in control of your business.
BRAD --68.50.xxx.xxx |
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