July rent not paid

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July rent not paid

Yvette M.
Reno, NV · Member since 2016 · 328 posts · 97 votes

I posted on another LL and would like to get y'alls thoughts on the situation:

I'm on a merry-go with a POS tenant. I terminated contract with PM. All tenants were by PM notified that I would be self-managing beginning July 1st. I sent my own letter to tenants stating the new payments arrangements. Tenant sends her check to the PM just to irritate me. PM emails me and asks if I want him to deposit in my account. Check is made payable to him.

What would you do? Have PM return check to tenant and continue with PQ? Or let PM deposit in my account?

There is a rough backstory  -- tenant has been a PITA since day ONE and her attitude and behavior are continuing to escalate.  She has a year lease, otherwise she would have been gone long ago.  

Let me just insert here that she is an attorney.  I was showing a vacant unit and as prospects passed by she warned them not to rent from me, I was liar, etc (if I'm all those things then why are you still here?). Lately when I go to the property, she stalks me and takes pictures of me until I leave.  I have called the police twice because of her ugly actions.   Police were called a third time because she got into a verbal fight with her boyfriend -- haven't seen him since.  The list goes on ...

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Account Closed
Investor · Honolulu, HI · Member since 2013 · 3k+ posts · 1k+ votes
10y

@Yvette M.  There is obviously a lot going on here and I'm assuming a lot but the fact is that YOU changed the payment plan.  Sure she's pressing your button but she will claim she lost the paperwork and sent to the PM to at least be sure someone got the rent, blah,blah.  Sounds like you are a little pissed at the PM and seems he is just trying to get the rent to you altho he may be taking a little delight in YOU having to deal with Miss PITA.  Let it go!

I don't see how the POQ will do anything but escalate things and prove to her that she has the correct button.  She has the money and made the "attempt" to get it to you.  Stay professional and businesslike knowing that you are choosing to ask her to leave at the end of the lease..

In my 40 years I recently had my first eviction.  When I showed up with the writ of possession they called the police on me!  The police came and tried to BS me and tell me I was crazy to think they would help me get them out in a half hour.  I just kept my cool and showed my paperwork that said any officer of the court HAD to help me but if they didn't want to comply with the Judges order I was fine with that and would just let the Judge know.  Long story short the Police got the tenant to come up with $3200 from their boss and asked me to allow them to stay until that money ran out and confirmed that they would be witnesses if there was any damage done, etc.  I SO wanted them to be forced out on the spot because they had violated my trust.  But, it made financial sense to collect the money and I didn't let being pissed cloud my judgement.  It was myself that I was really pissed at because I lowered my judgement because they had been friends of a friend.  Got extra money, got them out and got over it. 

You are in charge, don't lose that advantage.  And sorry you are going thru this.

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  • Yvette M.
    OP
    Reno, NV · Member since 2016 · 328 posts · 97 votes
    10y

    @Joe Splitrock

    Bottom line -- again. 

    I have not been paid.

    PM and I do not have a contract.

    She was served another PQ. So by time I file, she will have had about 12 days to pay.

    If the issue gets to court it's about non-payment and nothing else. 

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  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    10y
    Originally posted by @Yvette M.:

    @Joe Splitrock

    Bottom line -- again. 

    I have not been paid.

    PM and I do not have a contract.

    She was served another PQ. So by time I file, she will have had about 12 days to pay.

    If the issue gets to court it's about non-payment and nothing else. 

     What method of service did you use?

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  • Yvette M.
    OP
    Reno, NV · Member since 2016 · 328 posts · 97 votes
    10y

    @Joe Splitrock

    Process server. She didn't answer the door and he taped it to her door and took a picture. Mailed her a copy and posted proof of service to me.

    Her famous words are "I didn't get it"

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  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    10y
    Originally posted by @Yvette M.:

    @Joe Splitrock

    Process server. She didn't answer the door and he taped it to her door and took a picture. Mailed her a copy and posted proof of service to me.

    Her famous words are "I didn't get it"

    Good, hope it turns out ok. Please update the thread as you go through the eviction process.

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  • Yvette M.
    OP
    Reno, NV · Member since 2016 · 328 posts · 97 votes
    10y

    Update from my attorney:

    "If she mails the rent and it is post marked during the notice period, then you would have filed your eviction prematurely. We suggest waiting until you receive your mail tomorrow to be sure she hasn't paid. If we file the eviction, then you receive the check in the mail, you will lose $XXX."

    I thought yesterday was the deadline, so will have to wait COB another day.

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  • Account Closed
    Investor · Honolulu, HI · Member since 2013 · 3k+ posts · 1k+ votes
    10y
    Originally posted by @Yvette M.:

    Update from my attorney:

    "If she mails the rent and it is post marked during the notice period, then you would have filed your eviction prematurely. We suggest waiting until you receive your mail tomorrow to be sure she hasn't paid. If we file the eviction, then you receive the check in the mail, you will lose $XXX."

    I thought yesterday was the deadline, so will have to wait COB another day.

     What's the status?

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  • Yvette M.
    OP
    Reno, NV · Member since 2016 · 328 posts · 97 votes
    10y

    She (tenant) filed answer on 8/9 with court. I contacted my attorney for an update last week and he hadn't received a copy of the answer. He said she is supposed to mail a copy to him. Doubtful that she will mail a copy and if she does it will be the day before the court date. 

    We go to eviction court on 8/29.

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  • Account Closed
    Investor · Honolulu, HI · Member since 2013 · 3k+ posts · 1k+ votes
    10y
    Originally posted by @Yvette M.:

    She (tenant) filed answer on 8/9 with court. I contacted my attorney for an update last week and he hadn't received a copy of the answer. He said she is supposed to mail a copy to him. Doubtful that she will mail a copy and if she does it will be the day before the court date. 

    We go to eviction court on 8/29.

     What is the rent status?  Has she paid July and August?  What are your chances of collecting rents and your legal fees? 

    0Reply
  • Yvette M.
    OP
    Reno, NV · Member since 2016 · 328 posts · 97 votes
    10y
    Originally posted by @Account Closed:
    Originally posted by @Yvette M.:

    She (tenant) filed answer on 8/9 with court. I contacted my attorney for an update last week and he hadn't received a copy of the answer. He said she is supposed to mail a copy to him. Doubtful that she will mail a copy and if she does it will be the day before the court date. 

    We go to eviction court on 8/29.

     What is the rent status?  Has she paid July and August?  What are your chances of collecting rents and your legal fees? 

     Nope, July & August not paid.  Don't know about collecting past rent and legal fees.  Tenant is an attorney and "works" from home (my apartment).  Its just beyond why as attorney, she would f*** up her credit and future rental prospects.  It's hard to figure out if she's just stupid or pretending to be stupid.

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  • Tahir Zaman
    Salt Lake City, UT · Member since 2016 · 1 post · 0 votes
    10y

    What's the word on this?

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  • Yvette M.
    OP
    Reno, NV · Member since 2016 · 328 posts · 97 votes
    10y

    Went to eviction court. Waiting on lock-out by sheriff

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  • Jerry W.Pro Member
    Moderator
    Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
    10y

    @Yvette M., if you have solid evidence of her faking her reference from a past landlord then get the evidence and file a grievance with the state bar.  Falsifying information is a pretty serious offense.  The fact she is being evicted is actually a pretty serious offense also believe it or not.  The bar feels that someone who is not reliable enough to pay their bills should not be in charge of trust accounts.

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  • Yvette M.
    OP
    Reno, NV · Member since 2016 · 328 posts · 97 votes
    10y

    @Jerry W., I have suspicions that she faked a LL reference because the previous LL has the same unusual German surname as her boyfriend. Plus one of her former neighbors told me a different first name for the LL vice what is in her application. Plus the owner of the property has a Persian name

    She (tenant) was a complete idiot in court. 

    My lawyer tried to come to an agreement with her before the hearing, but she wouldn't budge on her allegations. She had absolutely no defense for not paying rent. So we get in front of the judge and she starts spewing a bunch of CA codes of why she should get a continuance. Then my lawyer says (paraphrasing) that we oppose a continuance because she a practicing attorney ... Judge agreed that she should have had **** together and denies continuance. 

    After that she had a Jesus moment and she and my lawyer went back into the hallway to bargain. So we come to a stipulation that she was to pay me three days later and she flakes and doesn't pay. So now I await the lockout ... 

    I will ask my attorney about a complaint to the bar. This lady is an absolute nutter and none of my tenants would support me in court because they are afraid of what she will do

    to be continued

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