bad tenants don't ever leave :(

[crazy78]

Hi, I have had the same tenants on the second floor of our two family house for 10 years. We have never raised rent until the past year. Total of time the rent raised was 3 times, it went from 650 to 900 dollers for a 3 bedroom apartment ( mind u its been 10 years). All of the tenants that have lived below them have had to move because they could not get along with them, the husband was often drunk and they have 3 kids that are constantly banging on the floor and no one can put up with it so they move. The house was in new condition when they moved in and now their apartment looks like its 100 years old. The always paid cash monthly and we never passed receipts, nor did they ask for it. They said that they bought a house, and i have passed by it and it says SOLD. But they insist that I give them a written paper saying that they have been there for 10 years and that they pay 900 dollers a month or a receipt of rent payment or for us to accept a check and the paper MUST have both the husband and the wife's name on it ( we never dealt with the husband, when they moved in we did all the negociations with the wife, not him). I wanted to know if it is true that I must ( they say i have to or else i will go to jail) do one of things. I would think if the house has a sold sign on it that the mortgage they applied for has been approved. So now they say they will not pay rent unless I give them a paper. I am weary on the subject because they are very manipulative people and con artists and i do not trust my signature on anything in their hands. Do I have to give them something by law? If i do not give them anything and they still refuse to pay rent because of it can i evict them? please let me know ......this is so nerve racking, i hope u understand everything i said.
thanks !
ps- we do not have any legal contracts whatsoever, everything was verbal.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by crazy78:
Hi, I have had the same tenants on the second floor of our two family house for 10 years. We have never raised rent until the past year. Total of time the rent raised was 3 times, it went from 650 to 900 dollers for a 3 bedroom apartment ( mind u its been 10 years). All of the tenants that have lived below them have had to move because they could not get along with them, the husband was often drunk and they have 3 kids that are constantly banging on the floor and no one can put up with it so they move. The house was in new condition when they moved in and now their apartment looks like its 100 years old. The always paid cash monthly and we never passed receipts, nor did they ask for it. They said that they bought a house, and i have passed by it and it says SOLD. But they insist that I give them a written paper saying that they have been there for 10 years and that they pay 900 dollers a month or a receipt of rent payment or for us to accept a check and the paper MUST have both the husband and the wife's name on it ( we never dealt with the husband, when they moved in we did all the negociations with the wife, not him). I wanted to know if it is true that I must ( they say i have to or else i will go to jail) do one of things. I would think if the house has a sold sign on it that the mortgage they applied for has been approved. So now they say they will not pay rent unless I give them a paper. I am weary on the subject because they are very manipulative people and con artists and i do not trust my signature on anything in their hands. Do I have to give them something by law? If i do not give them anything and they still refuse to pay rent because of it can i evict them? please let me know ......this is so nerve racking, i hope u understand everything i said.
thanks !
ps- we do not have any legal contracts whatsoever, everything was verbal.<HR></BLOCKQUOTE>

No matter what kind of tenant you percieve them to be, you as the landlord need to extend the courtesy to them and honor their request. They are not asking you to lie so just give them what they have requested as long as it is factual and truthful. Their mortgage lender needs to verify their rental income and term of tenancy. By your own admission they have been there for 10 years and pay $900 per month in rent. So just fill out the paper work. Hint: the sooner you do that the quicker they can get qualified and move out of your house. And then you do not have to worry about the BS eviction, going to jail etc.

A Sold sign at the property does not mean that a Buyer has qualified for the mortgage loan. All it means is that an offer has been accepted and escrow has been opened. That is why you may see the same Sold sign at a property for many months. It take some time for loan qualification and approval, survey/staking, home and termite inspections, real estate appraisal, title report, drafting of conveyance documents etc.

When a tenant pays rent in cash, you as the landlord are obligated to give them a receipt indicating their cash payment was made. If you have not been reporting their rental payments made to you as gross rental income for State and Federal income tax purposes, that is not their fault.

 

[crazy78]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
No matter what kind of tenant you percieve them to be, you as the landlord need to extend the courtesy to them and honor their request. They are not asking you to lie so just give them what they have requested as long as it is factual and truthful. Their mortgage lender needs to verify their rental income and term of tenancy. By your own admission they have been there for 10 years and pay $900 per month in rent. So just fill out the paper work. Hint: the sooner you do that the quicker they can get qualified and move out of your house. And then you do not have to worry about the BS eviction, going to jail etc.

A Sold sign at the property does not mean that a Buyer has qualified for the mortgage loan. All it means is that an offer has been accepted and escrow has been opened. That is why you may see the same Sold sign at a property for many months. It take some time for loan qualification and approval, survey/staking, home and termite inspections, real estate appraisal, title report, drafting of conveyance documents etc.

When a tenant pays rent in cash, you as the landlord are obligated to give them a receipt indicating their cash payment was made. If you have not been reporting their rental payments made to you as gross rental income for State and Federal income tax purposes, that is not their fault. <HR></BLOCKQUOTE>

Thanks for the info, yeah thats what i wanted to know for sure first before i go giving them anything. they are known to forge alot of stuff, for example her husband has used various names and he has lots of dui's and still drives. so i thought i would ask to be on the safe side. i never passed a receipt nor have they asked, it is not because i didnt use it as gross rental income for state and federal income tax purposes, it just never came up. Then there is the issue with the security, she says she is not going to pay next months rent because it is the security we owe her. So who's gonna pay for all the damages she did to the apartment and backyard and basement? i just cant wait until they get out. the sooner the better.


[This message has been edited by crazy78 (edited July 26, 2000).]

 

[mee]

Well they have to pay you next months rent, and if the damages are more then the security deposit you can take them to small claims court....

Start making a list of damages and figure out a cost to fix it...be reasonable....A JUDGE will appriciate your honesty...and then give them a 30 day notice to move this week with the damages you see and if they dont pay rent start eviction proceedings..


Or you could eat the loss and say good riddens....but they would still owe you the rent for next month.

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by crazy78:
Thanks for the info, yeah thats what i wanted to know for sure first before i go giving them anything. they are known to forge alot of stuff, for example her husband has used various names and he has lots of dui's and still drives. so i thought i would ask to be on the safe side. i never passed a receipt nor have they asked, it is not because i didnt use it as gross rental income for state and federal income tax purposes, it just never came up. Then there is the issue with the security, she says she is not going to pay next months rent because it is the security we owe her. So who's gonna pay for all the damages she did to the apartment and backyard and basement? i just cant wait until they get out. the sooner the better.


[This message has been edited by crazy78 (edited July 26, 2000).]<HR></BLOCKQUOTE>

 

[Tracey]

You have 2 options:

1) Send them a letter telling them that NJ law forbids them from using the securrity deposit to cover the last month's rent. If they don't pay the rent on time, you will initiate eviction proceedings against them, & they will end up paying the rent AND your eviction costs AND the damage they've done.

2) Wait. After they leave, sue them for back rent & damages. Once they own a house & you've won in court, you can record a judgment lien against their house or garnish their wages.

You can't charge them for wear & tear, which after 10 years means you'll have to replace the carpets & paint on your own dime. (Unless you installed 25 year carpet, which you shouldn't have done in a rental anyway.)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.