Eviction for non payment of rent

[Linda 06477]

What is the name of your state (only U.S. law)? Connecticut


My husband & I own a 2 family house that we rent out. The tenant on the second floor was 4 months behind in rent. He told us he wasn't working. Then I found out that he was actually a foreman at an environmental clean up company & working 40-80 hours per week. Then he told me that he had to go out on medical leave. A neighbor told me that he was working under the table for a landscaper while he was out on leave. I went to the court house to start an eviction procedure & was told that my husband would have to file with me because both names are on the deed. He didn't want to be involved but finally agreed to go with me. When the wife was asked who lives in the apartment she said herself, her husband & a 13 yr old daughter. She was asked if they had applied for assisntace. The wife stated that she went to TEAM for assistance but they couldn't get it because I hadn't returned the landlord form. I told the court that I had spoken to a woman at TEAM & asked if the husband as well as the 20 yr old son who works full time would have to be listed on the form. Apparently the wife had applied as a single mother so they were denied for that reason. The court asked if an adult son was living there as well. She stated that he was but when they got the eviction notice he moved out the same day. We went to court last Wednesday & the tenant has to be out by Nov. 22 & they were told that they still have to pay the back rent of $4,000. The next day my husband told the guy that he doesn't have to pay the back rent. I don't agree with this & want to know if I can do anything on my own about it. I'm worried that after I was told that I can't evict them alone then I won't be able to collect the back rent alone either. Don't I have any rights if I own half the property? I would like to represent myself the same way I did for the actual eviction.

 

[sandyclaus]

First things first, you and your husband need to get together and agree on how to handle this. One of you telling these people one thing, then the other turning around and saying something else is going to confuse things completely.

Second, someone needs to hold these tenants accountable. Clearly, they are scamming their way through. First, the husband is working, then he's not, then he's on medical leave but working under the table elsewhere. The wife is trying to scam the social services agency by claiming she's a single mother of an adolescent child only, then its also an adult son who himself is working and contributing to the household, but now he's moving out. All of this, and NO ONE seemed to pay the rent!!!

They owe it, and they have clearly pulled the wool over your husband's eyes to make him believe they are worthy of a break here. They're NOT. Do everything you can to convince him of that fact and go after the judgment NOW. Together.

 

[Linda 06477]

That's the problem. My husband flat out refuses to go after them for payment & I don't think the court will let me do it alone.

 

[sandyclaus]

Then unfortunately, the problem isn't with the tenants but instead between you and your husband. Nothing we can do or say to help in that.

But one thing you can count on: If it isn't in writing it never happened. The judgment from court is on paper and public record. Just because your husband says one thing, unless its been reduced to writing AND SIGNED BY BOTH OF YOU, his waiver of payment due means nothing to the court or in the eyes of the law. Same goes for that waiver - if YOU didn't agree to that as well, then husband cannot make the unilateral decision either.

Something to think about.