Investor · Hillsborough, NC · Member since 2017 · 22 posts · 3 votes
I have a tenant that is not paying rent (Jan/Feb). In rent court she told the judge she is not paying because she does not have heat, he awarded me the judgement and told her to go to escrow if she has an issue. Each time the rent is due she claims to have a heat problem and I send a technician out and he confirms there is no issue. After court she went to open a rent escrow case. My question is does this in any way stop my eviction against her? If she is still there next month do I need to file again for non payment of rent? Or do I just wait the 4 days and get the warrant of restitution signed and proceed with the eviction?
In cases such as this we file every time their late, even if they go to escrow. The reason we do so is because once we file the warrant of restitution and they somehow come up with the funds for rent we want to build the case that if they are late 4 times within that year we can evict them regardless if they pay late again. That way they cant continue to play those type of games.
In Maryland certainly in Baltimore city it would. However look at the escrow law in your state. It probably provides you a certain period of time to correct the issue. Does she actually have the money to pay into rent escrow? No many to put into rent escrow and it seems to me that the eviction should move forward.
Hopefully you have documented each complaint of no heat and that someone was sent to check and there was no problem. If you haven't start NOW. This person is obviously a game player and you need to be prepared for her games
Search the post Are there any good property manager's out there. CB is mentioned. Proceed with caution.
Thanks, did you end up getting your eviction setter on 2/26 ?
I did and they are out. I was presented with a potential tenant who has been late 24 out of 36 months and who is paying their landlord back in installments. Another wish list - the professional tenant list. I hear there is something floating around but it is not official. Keep us updated on how your tenant is doing and your property management search.