Student Rental (long)

[aydelacasa]

What is the name of your state?What is the name of your state? North Carolina

I have a rental property with students on a one year lease. Their rent has always been late, but I have always been very tolerant. However, now they are not paying iuntil the second half of the month and getting later and later. I am afraid that they will get one month behind and then skip out on me at the end of the lease. So, last month I verbally asked for the late fee, as stipulated in our lease (5% after 5 days late). They paid the rent, but no late fee. This month they were late, I verbally asked for rent and late fee, and I have had no response. So I gave the tenant a letter (hand delivered) and also sent the letter by certified mail. I asked for this month's rent and the two months of late fees. I would actually be happy with getting only this month's late fee since i did not ask previously in writing.

One of the tenants now says that they are withholding rent due to damage in one bathroom. The only part of the bathroom not usable was a shower; the sink and the toilet were just fine. The house has another shower and all facilities that also can be used. There is no hazard to them as well. A piece of tile fell off the shower wall and we suspect a leak lthat is making the wall damp behind the tile. For the past month I have had tile people and plumbers over to the house in an attempt to make the repair. I can document my continuous efforts. They have told me different things about what to do; either those things involved wating for part of the wall to dry and see if there is a leak or the plumber did not seem reliable. One of my tile people also went into the hospital. I figured the plumbers could work indepednently of the tile people and began to get them involved. But I feel that I have made a good faith effort and a week ago (or more) finally put up a shower curtain against the wall the tile fell off of so that they could begin to use the shower. Water would not leak into the hole where the tile fell off. At the same time, even today, I have tried to get another more reliable plumber to do the work. This has gone on for about a month, perhaps a little more. Tenant yesterday said that because of the bathroom they are withholding rent . (I should add that there is another large bathroom in the house with a working shower; they have never lost the ability to use anything in any of the bathrooms accept one of the two showers;even then they probably could have used the bathtub in the bathroom with the damaged tile).

I would even today like to go into the house with a new plumber. But the students do not answer their cell phones. They must know it is me and think I am after the rent. All along they only sporadically respond to my calls. I cannot therefore give them the one day notice stipulated in the lease before entering. What should I do?

They have never notified my in writing about anythinig that needs to be done. There are other small things in the house that need work--a back door that does not open, a window that is not opening--and I am waiting for repair people to fit me into their schedule (they have been over to the house and have agreed to do the work). But I must be able to get into the house at the moment the repair people say they want to do the work. Even if I can get them to make an appointment, I just can't get in touch with the tenants to schedule it or to get permission to enter. What are my rights?

My letter to them yesterday has stated that I want payment of rent or in 10 days I will begin eviction proceedings. I expect they will pay. But can i immediately begin eviction proceedings if they are late again, for habitual lateness (i.e.; continuously breaking the clause in our lease that says rent is due on the first of the month)? I am not too afraid of going into court because I feel that I have tried hard for them and that they do not communicate with me.

I have parents names on the original rental application, is it illegal for me to contact parents?

[ENASNI]

You keep saying you've got something for me.
something you call love, but confess.
You've been messin' where you shouldn't have been a messin'
and now someone else is gettin' all your best.


These boots are made for walking, and that's just what they'll do
one of these days these boots are gonna walk all over you.


You keep lying, when you oughta be truthin'
and you keep losin' when you oughta not bet.
You keep samin' when you oughta be changin'.
Now what's right is right, but you ain't been right yet.


These boots are made for walking, and that's just what they'll do
one of these days these boots are gonna walk all over you.


You keep playin' where you shouldn't be playin
and you keep thinkin' that you´ll never get burnt.
Ha! I just found me a brand new box of matches yeah
and what he know you ain't HAD time to learn.


Are you ready boots? Start walkin'!


[url]http://www.federal-services.com/laws/ncstatelaw.html[/url]

Methinks I smell a gas leak...

( I did NOT write that... The son of Mask did!)

[Who's Liable?]

Originally Posted by aydelacasa

What is the name of your state?What is the name of your state? North Carolina

I have a rental property with students on a one year lease. Their rent has always been late, but I have always been very tolerant. However, now they are not paying iuntil the second half of the month and getting later and later. I am afraid that they will get one month behind and then skip out on me at the end of the lease.

Don't be in the LL business if you aren't going to enforce the rules of your lease...

Originally Posted by aydelacasa

So, last month I verbally asked for the late fee, as stipulated in our lease (5% after 5 days late). They paid the rent, but no late fee. This month they were late, I verbally asked for rent and late fee, and I have had no response. So I gave the tenant a letter (hand delivered) and also sent the letter by certified mail. I asked for this month's rent and the two months of late fees. I would actually be happy with getting only this month's late fee since i did not ask previously in writing.

Verbal demands are worth the paper they are written on... Always demand in writing... They(tenant) can always deny they ever talked to you...

Originally Posted by aydelacasa

One of the tenants now says that they are withholding rent due to damage in one bathroom. The only part of the bathroom not usable was a shower; the sink and the toilet were just fine. The house has another shower and all facilities that also can be used. There is no hazard to them as well. A piece of tile fell off the shower wall and we suspect a leak lthat is making the wall damp behind the tile. For the past month I have had tile people and plumbers over to the house in an attempt to make the repair.

Good... let them withhold rent. It will make it easier on you to evict them... They do NOT have a legal reason to withhold rent.

Originally Posted by aydelacasa

I can document my continuous efforts.

Good, keep note of what you have done to resolve any issues with the tenants. You will need it when you take the tenants to court.

Originally Posted by aydelacasa

They have told me different things about what to do; either those things involved wating for part of the wall to dry and see if there is a leak or the plumber did not seem reliable. One of my tile people also went into the hospital. I figured the plumbers could work indepednently of the tile people and began to get them involved. But I feel that I have made a good faith effort and a week ago (or more) finally put up a shower curtain against the wall the tile fell off of so that they could begin to use the shower. Water would not leak into the hole where the tile fell off. At the same time, even today, I have tried to get another more reliable plumber to do the work. This has gone on for about a month, perhaps a little more.

Again good... any and all supporting evidence that you tried to resolve the issue will help you in court...

Originally Posted by aydelacasa

Tenant yesterday said that because of the bathroom they are withholding rent . (I should add that there is another large bathroom in the house with a working shower; they have never lost the ability to use anything in any of the bathrooms accept one of the two showers;even then they probably could have used the bathtub in the bathroom with the damaged tile).

Again, not a legal reason to withhold rent... Start the eviction proceeding the day after you have not received rent.

Originally Posted by aydelacasa

I would even today like to go into the house with a new plumber. But the students do not answer their cell phones. They must know it is me and think I am after the rent. All along they only sporadically respond to my calls. I cannot therefore give them the one day notice stipulated in the lease before entering. What should I do?

You will have to d oa little paper trail here.. Send them a letter via CRRR, stating you will enter the unit to do maintenace work in 48 hours. Also leave a message on ALL their cell phones. And last paste a letter on their door stating when and why you will be entering the unit... If they do NOT respond, or the CRR letter is returned, DO NOT open it as it becomes evidence for the judge.. Go to the unit on the day and if they do not let you enter, send them a letter again(CRR) stating tehy have refused you entrance... Keep a copy of ALL letters you send them...

Originally Posted by aydelacasa

They have never notified my in writing about anythinig that needs to be done. There are other small things in the house that need work--a back door that does not open, a window that is not opening--and I am waiting for repair people to fit me into their schedule (they have been over to the house and have agreed to do the work). But I must be able to get into the house at the moment the repair people say they want to do the work. Even if I can get them to make an appointment, I just can't get in touch with the tenants to schedule it or to get permission to enter. What are my rights?

Good... see above...

Originally Posted by aydelacasa

My letter to them yesterday has stated that I want payment of rent or in 10 days I will begin eviction proceedings. I expect they will pay. But can i immediately begin eviction proceedings if they are late again, for habitual lateness (i.e.; continuously breaking the clause in our lease that says rent is due on the first of the month)? I am not too afraid of going into court because I feel that I have tried hard for them and that they do not communicate with me.

Good, now follow through

Originally Posted by aydelacasa

I have parents names on the original rental application, is it illegal for me to contact parents?

If their name is on the lease, you will have to notify them or include them in the eviction proceedings... It should be interesting when they find out what Little Johnny is doing...

Don't be surprised if they don't beleive your story as little Johhny can never do wrong!

[aydelacasa]

my state is NC.


Thanks so much for your response. I have sent a couple of certified letters:yesterday giving them 10 days to pay rent and today saying I must get into the house. Also, as advised by the post office, I also sent duplicates as first class mail, though I have no receipt for that. Since one of the occupants was a student I also went to the college web site and got his e-mail address. I also have been sending him e-mail messages with return receipts. Today, I called at least twice. I also called another occupant of the house who is not on the lease and told him to please communicate a message. One of my tennants who is on the lease (there are 2) never gave a telephone number.

The parents are not named on our lease at all. They were used as references on our rental applications, so I have their names and addresses. Is it an invasion of privacy or illegal in any other way to contact them? I was not clear about this on your response.

thank you very much for you detailed response!