Unable to evict tenant who has not paid rent for one year, HELP!!!

[Donna Thibedeau]

Facts: 1) there is a legal lease agreement, 2) there was a property management company,
the property is in Vermont but we live out of state,3) there was a storm in februrary of
1999 that caused some water damage to the house and to some of the renters property
in the basement of the house, FEMA paid the renter for the damage to her property,
but she refused to remove the damaged property from the basement, this has caused
a severe mold and mildew problem in the house, she wants us the lanlords to pay her
again for her damaged property and to remove her damaged propery. 4) the tenant stopped
paying rent in July of 1999, 5) when called and asked for the rent, she asked if she could
put a new roof instead of paying rent. 6) Property management company agreed but did not
get the agreement in writing, which was against my orders 7) August no rent Paid,
8)September we sent a letter to pay the rent or leave. no rent was paid 9)October, we sent
a second notice to pay rent or leave, this was delivered by a sheriff. again no rent was
paid.
10)we get an attorney. who sends a letter in November and in December. 11) in January
she gets an attorney who then counter sues. 12) it goes to court in February, the renter
shows up in court with pictures to prove the house was unlivable(see number 3). the judge sides with
her and says she does not have to pay rent, also gives her section 8 housing assistance.
Our lawyer was totally unprepared and did nothing but twiddle his thumbs and charge us
$125 per hour.
WE are now in default on the mortgage, can no longer afford the legal costs. Absolutely
NO one will help us in Vermont. The lawyer is continuing to milk us, the judge refuses
to hear the case. She is getting welfare, she is a single mother, she is running a Greyhound
rescue out of our house without our permission, this is also a violation of zonning laws.
She is running a doggie day care.
What can we do to get rid of her???

 

[dsut]

Donna, I know what I would do if I was in your shoes. Instead of paying the lawyer (as you can now tell, the cheaper the lawyer the cheaper the results) as much as you probrobly have already, yiou could have gone down to the local biker bar, and for about a grand each, them bikers would have physically removed her and her crap with little (if any) problem. I've seen it done, just not sure of the legalities of doing that in your state.

I think it would be best to file a complaint with the Vermont State Bar Association and Better Business Bureau about the lawyer. And you should be able to locate another lawyer to help you. While tenants have legal rights, so do landlords/owners. So it might help to check with the state and federal HUD programs.

Just some thoughts, of course. Sorry you got screwed, maybe things will work out in the end.

------------------
I ain't a lawyer. I ain't a copper. I'm a true blue American that believes in Freedom for all. Provided they ain't criminals.

 

[Tracey]

Sue your property management company for breach of fiduciary duty for: failing to collect rent, failing to evict T when you told them to, failing to get the repair roof agreement in writing *as required by statute*, and anything else you can think of.

File a formal complaint with the bar against the lawyer. Your lawyer should have argued that the unlivableness was due to T';s actions of not removing the damaged proeprty *for which she had already bee reimbursed*. T cannot withhold rent when the condition making the house 'unlivable' was due to T's actions. File a new eviction case agaisnt T for running a business on the property in breach of the lease.

File a complaint against her for violation of zoning laws regarding the dogs.


You might try this: sell the house to a corporation (yourselves) & give T notice to vacate within 30 days because the house has been sold. Once she's gone, sell the houe back to yourselves.

§ 4467. Termination of tenancy; notice

(a) Termination for nonpayment of rent. -- The landlord may terminate a tenancy for nonpayment of rent on or after the first day of the next succeeding rental period. The landlord shall give notice by certified mail or by having the notice served by any law enforcement officer at least 14 days prior to the termination date specified in the notice. The rental agreement shall not terminate if the tenant pays or tenders all arrearages prior to the termination date. A tenant may not defeat a notice to terminate by payment of arrearages more than three times in twelve months. Acceptance of partial payment of rent shall not constitute a waiver of the landlord's remedies for nonpayment of rent.

(b) Termination for breach of rental agreement. -- The landlord may terminate a tenancy for failure of the tenant to comply with a material term of the rental agreement or with obligations imposed under this chapter, by actual notice given to the tenant at least 30 days prior to the termination date specified in the notice.

***

(d) Termination of rental agreement when property is sold. -- In the absence of a written rental agreement a landlord who has contracted to sell the building may terminate a tenancy by actual notice given to the tenant at least 30 days prior to the termination date specified in the notice.



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

 

[loudrich]

UH Donna: are you dense?

At the first sign of trouble you should have gone to VT and got the sherriff kicked them out...

Use your sick days and vaction days and DO IT....you are a landlord..if you dont want to be a landlord SELL the property!
--------------------------------------------



<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Donna Thibedeau:
Facts: 1) there is a legal lease agreement, 2) there was a property management company,
the property is in Vermont but we live out of state,3) there was a storm in februrary of
1999 that caused some water damage to the house and to some of the renters property
in the basement of the house, FEMA paid the renter for the damage to her property,
but she refused to remove the damaged property from the basement, this has caused
a severe mold and mildew problem in the house, she wants us the lanlords to pay her
again for her damaged property and to remove her damaged propery. 4) the tenant stopped
paying rent in July of 1999, 5) when called and asked for the rent, she asked if she could
put a new roof instead of paying rent. 6) Property management company agreed but did not
get the agreement in writing, which was against my orders 7) August no rent Paid,
8)September we sent a letter to pay the rent or leave. no rent was paid 9)October, we sent
a second notice to pay rent or leave, this was delivered by a sheriff. again no rent was
paid.
10)we get an attorney. who sends a letter in November and in December. 11) in January
she gets an attorney who then counter sues. 12) it goes to court in February, the renter
shows up in court with pictures to prove the house was unlivable(see number 3). the judge sides with
her and says she does not have to pay rent, also gives her section 8 housing assistance.
Our lawyer was totally unprepared and did nothing but twiddle his thumbs and charge us
$125 per hour.
WE are now in default on the mortgage, can no longer afford the legal costs. Absolutely
NO one will help us in Vermont. The lawyer is continuing to milk us, the judge refuses
to hear the case. She is getting welfare, she is a single mother, she is running a Greyhound
rescue out of our house without our permission, this is also a violation of zonning laws.
She is running a doggie day care.
What can we do to get rid of her???<HR></BLOCKQUOTE>

 

[Donna Thibedeau]

to dsut, as much as I would like to go to that biker bar and enlist the aid of some do-gooders, , that would get me in trouble, but then I have a black belt in tae
kwon do and could do that myself.

to tracey, thank you , you have some good ideas, and some that we tried, but the lawyer
and the court/ Judge Katz, have refused to
abide by the laws. we are suing the property
management company but that has not been
to court yet. the lawyer is refusing to file
a new eviction case because of the T running
a business. One reason the mortgage is going
into foreclosure is that the T is running
a business.

to loudrich , we got a sheriff to deliver the
second eviction notice.

Donna