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  #1  
Old 07-24-2005, 07:17 AM
Junior Member
 
Join Date: Jul 2005
Posts: 13

Tenant taking advantage of situation.


What is the name of your state? Pennsylvania

Here is the situation. My brother owned an apartment building with tenants on the 2nd and 3rd floor. He passed away this past march 8th from cancer and left the building to me. Iam his brother.

My brother had a good job and the income from the 2 tenants covered his mortgage and a few utility bills. The tenants pay NO utilities at all. Just rent.
The woman on the 2nd floor pays $475.00 a month (and know i didn't make a mistake in the amount) and there are 3 people on the 3rd floor paying $600.00 a month. The tenant on the second floor has always given my brother trouble with paying late, making noise etc. Why my brother tolerated i don't know.

So now that my brother has passed away the 2nd floor tenant decides that she is going to not pay her rent and have me chase her. I have been very cordial with her, slipped notes under her door reminding her that she is late etc.

Now the situation is that she has not bothered to pay me for july. I asked her again nicely to pay and still no rent. I went to my lawyer who is handling my brothers estate and told him i want her out. He mailed her a registered letter that she signed for and then the fun began.

She called me begging me to let her stay etc. I told her that my brother may have had time to play games with her, but i don't. I told her its my building and she don't make the rules and thats that. And the funny thing is, she still hasn't paid me a dime of rent for this month. So that just goes to show me how concerned she is.

So my question is she has 30 days to get out which will be about august 20th. I have a feeling she is going to give me a problem in getting out. If this happens what procedure should i follow to make sure she does get out. I was thinking of calling the police if things get out of hand.

And in between now and then, should i be doing anything and still try to collect the rent for the time she is there or just leave her alone.

Any help would be greatly appreciated. You can email me directly if you would like to at: [email]LandLiner@aol.com[/email]

Thanks everyone.



After going through my brothers records, i have found no lease for either of the tenants. The building is located in south philly where i can $1,000.00 a month easy and the apartment is a nice size.

i want to hear any similar situations and how you handled them. Im keeping the building.
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  #2  
Old 07-24-2005, 09:25 AM
Senior Member
 
Join Date: Jul 2002
Location: 3ft from the kitchen
Posts: 2,092
Go buy your self a hammer from the DIY store and a big friggin rusty nail.

Then go straight down to your building not later but right NOW! And nail a 3-day notice To Pay or Get the Hell Out Notice to her door, mail another by registered/certified mail to show proof of mailing and if she can hand her one as well.

On the 4th day morning the second the Eviction Attorney's office opens get the lawyer to start the eviction process.

If she cries’s throw her a tissue.
If she screams at you laugh and start measuring the woodwork.

You are yet another victim of confused ownership.




Quote:
Originally Posted by bonzo
What is the name of your state? Pennsylvania

Here is the situation. My brother owned an apartment building with tenants on the 2nd and 3rd floor. He passed away this past march 8th from cancer and left the building to me. Iam his brother.

My brother had a good job and the income from the 2 tenants covered his mortgage and a few utility bills. The tenants pay NO utilities at all. Just rent.
The woman on the 2nd floor pays $475.00 a month (and know i didn't make a mistake in the amount) and there are 3 people on the 3rd floor paying $600.00 a month. The tenant on the second floor has always given my brother trouble with paying late, making noise etc. Why my brother tolerated i don't know.

So now that my brother has passed away the 2nd floor tenant decides that she is going to not pay her rent and have me chase her. I have been very cordial with her, slipped notes under her door reminding her that she is late etc.

Now the situation is that she has not bothered to pay me for july. I asked her again nicely to pay and still no rent. I went to my lawyer who is handling my brothers estate and told him i want her out. He mailed her a registered letter that she signed for and then the fun began.

She called me begging me to let her stay etc. I told her that my brother may have had time to play games with her, but i don't. I told her its my building and she don't make the rules and thats that. And the funny thing is, she still hasn't paid me a dime of rent for this month. So that just goes to show me how concerned she is.

So my question is she has 30 days to get out which will be about august 20th. I have a feeling she is going to give me a problem in getting out. If this happens what procedure should i follow to make sure she does get out. I was thinking of calling the police if things get out of hand.

And in between now and then, should i be doing anything and still try to collect the rent for the time she is there or just leave her alone.

Any help would be greatly appreciated. You can email me directly if you would like to at: [email]LandLiner@aol.com[/email]

Thanks everyone.



After going through my brothers records, i have found no lease for either of the tenants. The building is located in south philly where i can $1,000.00 a month easy and the apartment is a nice size.

i want to hear any similar situations and how you handled them. Im keeping the building.
__________________
I am not prejudice I hate everyone ... Southism

If there were no such thing as suing there would be less injuries.... Southism
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  #3  
Old 07-24-2005, 09:29 AM
Senior Member
 
Join Date: Jun 2004
Posts: 1,036
The police will not help in that situation. If she does not leave it is a civil matter and must be dealt with through the courts. Police only handle criminal matters.

You need to read up, understand and follow PA's Landlord/Tenant Laws - especially regarding evictions.

Honestly, you should use an attorney that handles evictions for this one. It will cost you, but it will be done legally. Take the chance to learn throughout the process, so you'll have a better idea of how to handle future evictions.

[url]http://tenant.net/Other_Areas/Penn/harris/pa-part5.html[/url]
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  #4  
Old 08-01-2005, 02:59 PM
Junior Member
 
Join Date: Jul 2005
Posts: 13

Trying to execute and eviction.


Hi everyone and thanks for your advice with my situation. Here is the follow up. I have every intention of following the proper procdure to evict the tenant. Here is what i have run into so far.

Before i can do anything, the city just informed me that i have to have a renters license before i can start any procedure. Beings that i just acquired this property when my brother passed away, i wasn't aware about this.

Let me ask this. How true is it that i have to wait in order to do anything more until i get the license. The tenant should be getting out by august 20th which would be 30 days from the day she got the registered letter. Last week i sent her another letter telling her that she still owes me for julys rent and she still needs to be out on the 20th.

What i really feel like doing is confronting her again and get in her face and let her know that this is not a joke etc. But if i have to drag her into court, i don't want to be accused of harrasment and stuff like that.

If i do need the license, do i just wait it out and say nothing until i can do something, or would a little bit of get in her face be ok to maybe make her leave and thats that. Oh, Iam learning the hardway about all of this. When and if there is a next time, i'll be way prepared.

Thanks everyone.
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  #5  
Old 08-02-2005, 07:51 PM
Member
 
Join Date: Aug 2005
Posts: 63
hi, i am a landlord as well and i would strongly suggest that you dont confront her in person anymore. this may cause her to have grounds to claim intimidation/harrassment and other lies against you in court. you have to realize that she is "professional" at what she does(paying late/living for free and taking advantage of the law). Seriously, and she most likely know what she is doing, so be very careful with what you say/how you say it to her in person and over the phone(she can record your calls). your best recourse is to do things by the book however, hard it is and you may think she is getting over you or winning. But realize that if you dont do thing properly she could ultimately be the winner. I totally agree with South that's the proper way to do things and ensure you do follow your states' statutes/laws to avoid further problems aside from a delinquent tenant. Do everything via documented mail and if need be have your attorney contact her directly verbally.I am having similar problems as i write and i simply have to take it step by step (it burns) but ultimately you will win eviction or court claim and she/they will be out of your life/unit for good!.
Good luck and keep us posted on the developments, it could be a very instructive case.

Desperate Landlord
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  #6  
Old 08-02-2005, 08:28 PM
Senior Member
 
Join Date: Jul 2002
Location: 3ft from the kitchen
Posts: 2,092
Do not get in her face the next thing will be cops busting down your door with her saying you grabbed her.

Do everything in writing if a license is required go down to the city hall and get one NOW! then nail a 3-day to her door and stick a copy in the mail and on 4th day call the eviction lawyer.

Stop screwing around its been 9 days since your first post WAKE UP!

'The tenant should be getting out on the 20th' GIVE ME A BREAK she is not going anywhere start the process NOW, then sue her for the costs and rent owed afterwards.



Quote:
Originally Posted by bonzo
Hi everyone and thanks for your advice with my situation. Here is the follow up. I have every intention of following the proper procdure to evict the tenant. Here is what i have run into so far.

Before i can do anything, the city just informed me that i have to have a renters license before i can start any procedure. Beings that i just acquired this property when my brother passed away, i wasn't aware about this.

Let me ask this. How true is it that i have to wait in order to do anything more until i get the license. The tenant should be getting out by august 20th which would be 30 days from the day she got the registered letter. Last week i sent her another letter telling her that she still owes me for julys rent and she still needs to be out on the 20th.

What i really feel like doing is confronting her again and get in her face and let her know that this is not a joke etc. But if i have to drag her into court, i don't want to be accused of harrasment and stuff like that.

If i do need the license, do i just wait it out and say nothing until i can do something, or would a little bit of get in her face be ok to maybe make her leave and thats that. Oh, Iam learning the hardway about all of this. When and if there is a next time, i'll be way prepared.

Thanks everyone.
__________________
I am not prejudice I hate everyone ... Southism

If there were no such thing as suing there would be less injuries.... Southism
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