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Updated over 8 years ago on . Most recent reply

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Kevin Manz
  • HVAC Tech
  • Fort Wayne, IN
222
Votes |
423
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Judge let me down

Kevin Manz
  • HVAC Tech
  • Fort Wayne, IN
Posted

I bought property the 8th this month.  Lease says rent due on 1st. Tenant hadn't paid any Aug rent and previous owner told me he is a chronic late payer. I tried to collect some rent from him and he just gave me a bunch of excuses. I don't have time or tolerance for late payers, so I filed eviction the 9th. Court this morning,  they fought it and I lost. Judge told me according to lease, tenant doesn't really owe me anything, cuz I didn't own house on the 1st. Now I have to wait another month to not get paid so I can get my property back. Total BS. Any thoughts? 

Most Popular Reply

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592
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765
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Frank Jiang
  • Investor
  • San Diego, CA
765
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592
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Frank Jiang
  • Investor
  • San Diego, CA
Replied

Less judge let you down and more you not doing proper diligence for closing. The way this was supposed to work was that the seller was to collect rent from tenant according to lease and seller should have credited you prorated rent for 22 days on the HUD.

The fact that the tenant hadn't paid rent isn't relevant to the fact the the seller still should have paid you prorated rent and then it would have been on him to collect the month of August from the tenant after closing.  If you accepted a deal without that prorata, you just simply lose out.  Let it be a lesson learned.

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