 | 
06-08-2005, 09:33 PM
| | Member | | Join Date: Oct 2002
Posts: 89
| | | Advice for un-experienced landlord
What is the name of your state? California
I will try to just state my families experience with a very irritating tenant were dealing with w/o losing anybody.
Tenant told us he got hurt on the job and wasnt eligible for workers comp and as a result he was about 28 days late on the rent and currently he is 2 days late on the rent. Lease expired May 1st so, as the contract states they are on a month to month lease currently.
We sent them a 30 days notice telling them we are going to end the lease because we were going to be making repairs that involve tearing down walls, floors in order to repair damages made by them in March. And, this is where the plot thickens!!
In march my i got a message from tenants saying they flooded the house from a toilet leak and that water seeped into the walls. Mrs tenant called me and she was very upset and told me IT was her fault and took blame for it. She said she was controlled the problem by ventilating the house and I ended up going out to inspect 3 days later. She said they could live in the house no problem and basically made the problem seem more bigger than it ACTUALLY was. When i got there i could see stains on 1 room carpet and damage to the walls in 1 room about 1" above the carpet. The area damaged was 1 foot from the bathroom across through a wall and 1 foot behind that wall. Mr tenant calmly explained to me that they shampood everything and said it wasnt a big problem. Mrs tenant exagerrated big time.
Fact: I cant prove the "flood" was their fault, but Mrs Tenant told me it was her fault over the phone.
So 1 month goes by and they call to tell me they wanted 1 carpet replaced. Over the phone i told them i was probably planning to come by to have somebody give me an estimate and maybe replace them. Time goes by and i send them a 30 days notice. All of a sudden their argument is that we should have replaced the carpets when the incident happend 3 months ago and tried to explain that they could get a lawyer and wouldnt have to move because of this..
We should have hit them with the 3 days to pay or quit, but because we knew they were having problems we were lenient, although we didnt say nothing. Contract gives 4 day grace period. We knew they had bad credit but gave them a chance. Never again!!!!
Can we hear any legal advice/suggestions por favor?  |
06-09-2005, 06:26 AM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 11,596
| | | I believe the LL stated , a 30 day notice to vacate was given to the tenants on a month to month rental .
Then I believe the LL Stated the tenants overflowed to terlet and flooded rooms causing damages , then wanted the LL to replace the carpets that were damaged by the terlet flood .
Then I believe the tenant is now threatening the LL with a Lawyer , because the LL did not replace the Damaged Carpet Caused by the tenant .
So if all I believe I read is true , follow through with the eviction as per your state's Laws .....
__________________
"Egotism is the anesthetic that dulls the pain of stupidity."
Borrowed .
|
06-09-2005, 12:07 PM
| | Senior Member | | Join Date: Jul 2002 Location: 3ft from the kitchen
Posts: 2,092
| | They do not feel sorry for you, start eviction process right now! Quote: |
Originally Posted by Alex02 What is the name of your state? California
I will try to just state my families experience with a very irritating tenant were dealing with w/o losing anybody.
Tenant told us he got hurt on the job and wasnt eligible for workers comp and as a result he was about 28 days late on the rent and currently he is 2 days late on the rent. Lease expired May 1st so, as the contract states they are on a month to month lease currently.
We sent them a 30 days notice telling them we are going to end the lease because we were going to be making repairs that involve tearing down walls, floors in order to repair damages made by them in March. And, this is where the plot thickens!!
In march my i got a message from tenants saying they flooded the house from a toilet leak and that water seeped into the walls. Mrs tenant called me and she was very upset and told me IT was her fault and took blame for it. She said she was controlled the problem by ventilating the house and I ended up going out to inspect 3 days later. She said they could live in the house no problem and basically made the problem seem more bigger than it ACTUALLY was. When i got there i could see stains on 1 room carpet and damage to the walls in 1 room about 1" above the carpet. The area damaged was 1 foot from the bathroom across through a wall and 1 foot behind that wall. Mr tenant calmly explained to me that they shampood everything and said it wasnt a big problem. Mrs tenant exagerrated big time.
Fact: I cant prove the "flood" was their fault, but Mrs Tenant told me it was her fault over the phone.
So 1 month goes by and they call to tell me they wanted 1 carpet replaced. Over the phone i told them i was probably planning to come by to have somebody give me an estimate and maybe replace them. Time goes by and i send them a 30 days notice. All of a sudden their argument is that we should have replaced the carpets when the incident happend 3 months ago and tried to explain that they could get a lawyer and wouldnt have to move because of this..
We should have hit them with the 3 days to pay or quit, but because we knew they were having problems we were lenient, although we didnt say nothing. Contract gives 4 day grace period. We knew they had bad credit but gave them a chance. Never again!!!!
Can we hear any legal advice/suggestions por favor? |
__________________ I am not prejudice I hate everyone ... Southism If there were no such thing as suing there would be less injuries.... Southism  |
06-09-2005, 12:09 PM
| | Senior Member | | Join Date: Dec 2004 Location: Wait a sec... I will look outside.
Posts: 5,951
| |
Ruining your property they are.
Read this and be experienced be.
[url]http://www.dca.ca.gov/legal/landlordbook/[/url]
May the Force be with you.
Yoda 
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."
Sam Spade to Effie Perine.
|
06-09-2005, 08:21 PM
| | Member | | Join Date: Oct 2002
Posts: 89
| | | Ok, now that you all have given me words of encouragement i still have one more concern.
If this "case" ends up in any type of small claims court how will the tenant said landlord said heresay hold up? For example, Mr Tenant told me that the carpets DIDNT need to be replaced and now that i have given them 30 days notice Mr. Tenant is saying i didnt repair the house by replacing the carpets. Mr. Tenant can say originally wanted the carpets replaced and i refused to replace them or he can make up any other lies..
How will the I said, He said hold up in small claims? In other words, Is this $1,000 rent + $1000 deposit worth going to court if all they have to do is lie to convince the judge to rule in their case? I can show deposit dates proving they were late for 2 months recently; matter of fact when i think about it im sure they were late every month by a few days :-(. |
06-09-2005, 08:44 PM
| | Senior Member | | Join Date: Jul 2002 Location: 3ft from the kitchen
Posts: 2,092
| | Document Document Document
Photo's, invoices, receipts, notices etc
Tenant can say what ever they want they will have to back up statements if the tenant wants to rant he made demands he better bring a paper trail with him to court other wise he will simply look like a disgruntled liar. Quote: |
Originally Posted by Alex02 Ok, now that you all have given me words of encouragement i still have one more concern.
If this "case" ends up in any type of small claims court how will the tenant said landlord said heresay hold up? For example, Mr Tenant told me that the carpets DIDNT need to be replaced and now that i have given them 30 days notice Mr. Tenant is saying i didnt repair the house by replacing the carpets. Mr. Tenant can say originally wanted the carpets replaced and i refused to replace them or he can make up any other lies..
How will the I said, He said hold up in small claims? In other words, Is this $1,000 rent + $1000 deposit worth going to court if all they have to do is lie to convince the judge to rule in their case? I can show deposit dates proving they were late for 2 months recently; matter of fact when i think about it im sure they were late every month by a few days :-(. |
__________________ I am not prejudice I hate everyone ... Southism If there were no such thing as suing there would be less injuries.... Southism |
06-09-2005, 08:52 PM
| | Member | | Join Date: Oct 2002
Posts: 89
| | Quote: |
Originally Posted by south Document Document Document
Photo's, invoices, receipts, notices etc
Tenant can say what ever they want they will have to back up statements if the tenant wants to rant he made demands he better bring a paper trail with him to court other wise he will simply look like a disgruntled liar. |
Thats exactly what i was thinking!
I can funish all deposit dates of their late payments, have work order for plumber that fixed the toilet leak 5 days prior to the leak incident, 30 day notice...
They have maybe 1 invoice for carpet cleaner rental, but nothing else.
I guess it sure does look good for me. |
06-09-2005, 08:56 PM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 11,596
| | | You have a right to give proper 30 days notice .
Given that you excepted the rent Late , you excepted it for those months for them to live there .
Let me ask you this ? Did they ever request the drains or terlet be unplugged , when it overflowed ? , in writing ?
Did they ever request the carpets be replaced in writing ?
He said she said won't get it .
Say the lady tenant notified me she overflowed the toilet causing significant damage to my property .
When and IF the tenant sues you , counter sue .( see below ).
Give the tenant 24 hr. written notice of entry . Keep a copy signed and dated . Set up an appointment with a couple of Licensed home remodlers ( during the time you notified of entry ), and get estimates on the cost of repairs for the damages the tenant caused .
Take those estimates to court with you , and sue for the amount in the middle of the two estimates .
Document and take pictures like South said .
__________________
"Egotism is the anesthetic that dulls the pain of stupidity."
Borrowed .
Last edited by BL; 06-09-2005 at 09:01 PM.
|
06-09-2005, 09:14 PM
| | Member | | Join Date: Oct 2002
Posts: 89
| | Quote: |
Originally Posted by Blonde Lebinese You have a right to give proper 30 days notice .
Given that you excepted the rent Late , you excepted it for those months for them to live there .
Let me ask you this ? Did they ever request the drains or terlet be unplugged , when it overflowed ? , in writing ?
Did they ever request the carpets be replaced in writing ?
He said she said won't get it .
Say the lady tenant notified me she overflowed the toilet causing significant damage to my property .
When and IF the tenant sues you , counter sue .( see below ).
Give the tenant 24 hr. written notice of entry . Keep a copy signed and dated . Set up an appointment with a couple of Licensed home remodlers ( during the time you notified of entry ), and get estimates on the cost of repairs for the damages the tenant caused .
Take those estimates to court with you , and sue for the amount in the middle of the two estimates .
Document and take pictures like South said . |
They requested Nothing in writing. Matter of fact they didnt even request anything over the phone, i just agreed when they said they would put up fans and setup date for plumbler to fix whatever the problem was.
Thank you for the info! Very much appreciated :-) |
06-09-2005, 09:26 PM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 11,596
| | | Check your State's Landlord Tenant Laws about Security Deposits , once they are evicted .
Follow those directives to the letter , or you could wind up losing it , and maybe more .
__________________
"Egotism is the anesthetic that dulls the pain of stupidity."
Borrowed .
|
06-09-2005, 10:36 PM
| | Senior Member | | Join Date: Dec 2004 Location: Wait a sec... I will look outside.
Posts: 5,951
| |
Quote: |
Originally Posted by Blonde Lebinese Check your State's Landlord Tenant Laws about Security Deposits , once they are evicted .
Follow those directives to the letter , or you could wind up losing it , and maybe more . | landlord tenants rights Me give
He read
he learn
He do
Yoda out
Have big date 
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."
Sam Spade to Effie Perine.
| |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
|
