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Forums » Rental Property Questions & Landlording Issues » Help with evicting tennant

Help with evicting tennant Subscribe to Help with evicting tennant

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Residential Real Estate Agent · Circleville, Ohio


Hi all,

Here is my predicament:

I allowed a renter to live at an apartment complex I own, starting in June. She was OK for a few months, but in August, she decided to stop paying her rent, water, and utilities.

We advised her to vacate by the end of September to avoid any legal actions. She did not, so we filed the 3-day notice, which ended today.

She abandoned the property about 1 week into September, and had not been seen there since. By chance, we found out from other tenants/maintenance that she may have had animals in the property. We checked inside the property to find it in deplorable condition - it was drenched in fleas, had an atrocious odor of cat urine, cat feces, and so on. It was absolutely deplorable.

I guess my question is as follows:

She did not sign a lease agreement with us. It was verbal, but we have many E-mail messages concerning the terms of the agreement ($450/mo for rent and water, she was to pay electricity).

Is this enough to take her to court and sue for back-owed rent and utilities? Our maintenance guy has taken pictures and documented the deplorable condition of the apartment. We will also be documenting that these conditions are not shared with other apartments (such as the fleas).

What else can we do to deal with this situation? Since moving out, she has slandered us in an E-mail, accusing me of doing drugs, having the building out of code, and a litany of other things. I want to try to do everything right, because what she has done can't be overlooked.

Thanks!


Real Estate Investor · Geneva, Illinois


A. Probably not enough
B. You'll spend 600-,1000 including time and a headache to get nothing. I'm sure she has nothing. You will have to find her to serve her, is that even possible.
C. You own the building how DO YOU ever let anyone in without a lease and the proper documentation???


Residential Real Estate Agent · Buffalo, New York


Being a Landlord is being in business. You can't run a business anywhere in the Country without a legal department. You clearly need the guidance of a good L&T Attorney.


Real Estate Investor · Charlotte, North Carolina


hey brandon..i'm not gonna lecture you here--i think you realize the mistake already, and plus, i've made the same mistake...the good news is after that first mistake i never did it again!! the truth is it's probably not worth suing the tenant bc she prob doesn't have much to go after anyways..she could also decide to countersue saying the things she has already mentioned (even if it's ridiculously incorrect)..the fact is she may (read probably) qualify for free legal aid, while you're gonna have to shell out 200 bucks an hour for an attorney...is it worth it?? i'd just take it as a lesson learned and move on.


Residential Real Estate Agent · Camden, New Jersey


button up your bootstraps and move on!


Real Estate Investor · North Carolina


Do the rest of us LLs a favor and take her to court so she'll have a judgement against her that the rest of us LLs can find when we do our due diligence.

One of the reasons she did what she did to you was because she has gotten away with it in the past.

Here's some more bad news: EVERYONE in your apartment complex is watching and gossiping about how you handle this situation. How THEY act in the future may very well depend upon how YOU act right now.

Look, I absolutely hate wasting my time in small claims court but it is an essential tool in this business. Have I lost? Yes. Have I won? Yes.

The good news here is that this is your business to run any way you want. Personally, I have not always gone after tenants that I should have gone after. But I have always regretted that decision.

Good luck and keep us posted.


Residential Real Estate Agent · Camden, New Jersey


if a tenant stops paying in August. i'm filing for eviction by August 20th with no excuses...not to the end of September. this way an eviction will show up on her record. now he has waited too long, and she's long gone....now pick up the pieces and get a new tenant.


Real Estate Investor · Audubon, Pennsylvania


Originally posted by Brandon Schlichter
... I want to try to do everything right ...


The time for starting that is already past, as you must do this from day one (the day the tenant fills out an application).

I agree with NC Mark; you may not recover any money (after all, this is a tenant, with very few assets most likely) - but the judgment will follow on that person's record for all subsequent landlords to see (as long as they are willing to do the necessary screening to look).




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