All Forum Posts by: Daryl Luc

You can do the paperwork. You can post it. You can represent yourself in court only as a sole proprietor. In some states, a SINGLE MEMBER LLC can self represent, however, it the opponent shows up with an attorney, you are at a pretty clear disadvantage. If there are two members, such as your wife being the other, not at all uncommon among landlords, you are SOL and can't pro se. If your bum has a license to practice law, he can represent you or you company, as well. No license, it's against the law and the magistrate will throw the bum and you out.

Check with any clerk of courts or go straight to the grand pooh bah...the attorney general's office.  The answer will be the same.

If you have a formal partnership agreement defining structure (LLP?), then you are likely violating any mortgage agreement that would be proffered for signature. I would be discussing this with your mortgage company since it's their agreement that you'll be signing. Every one I've ever seen has a joint and several clause in force. In my opinion, with or without the partner mortgage signature, the fact that they are to be listed on the deed after the mortgage is closed in any capacity other than a survivor transfer, could be viewed as fraud by underwriting since they would own a percentage of the asset, removing it from the mortgage lien. Should you default, by intent or death or other means, they would be more than surprised when trying to reclaim the property for settlement.

Everything you offer as a solution, only works if you get paid.  Statistically, you stand a better chance of getting your money back at a craps table in any casino of your choosing, and that includes the collection agency approach.  The agency only get to keep 10-30% if they scare the guy into paying.  There's no downside to a smart tenant, because non payment will not go onto their credit report.  A stupid tenant could care less.  In the real world, bank accounts and jobs of deadbeats change on a dime

Pro Se is reserved for self representation.  Any structure other than sole proprietorship, including trust structure, is by design in place to establish a wall between the principle(s) (the self in self representation) of the organization and some or all of the outside world to limit access to self and assets by keeping them separate from each other.  Simply put, you would be practicing law without a license to do so because you are representing an organization or structure, not yourself.  If you want further explanation that confirms what I know to be true...start here  https://www.avvo.com/legal-ans...

Supply and demand....the good ones have a lot of work in the pipeline.  The not so good...can get to you sooner.  Compound problem...trades are in short supply due to skills shortage.  

I'm guessing that you didn't have a lawyer review the contractor's agreement.  Every project should have included within the signed agreement a finish by date.  The scope of work should specify milestones for work approval by you before any monies can be transferred.  A penalty clause that kicks in after x many days past completion to allow for weather and the unforeseen. 

To be really on top, change orders should come with automatic extension days.  Now, you state that the final payment is being held back by you.  Could be a problem, maybe not.  It depends.  Read on.

If I was in your situation, I'd find someone in my backyard with experience shutting down a contractor this late in the game.  I'm guessing, the final is 10% of the total.  That's an amount that most unscrupulous contractors move on leaving on the table after you look them in the eye and say "you're fired".  The complexity that I've dealt with is shown by example: 40% of the work has been completed to an acceptable stage, and 60% of the money has been transferred.  It's real hard to get it back.  Real hard. Every contractor that does this to the unsuspecting customer has the benefit of the doubt in court that they are owed the money received and already in hand. If you had milestones, and at the first sign that a milestone would be missed either by date or performance, you can fire right then and there and square up based on work completed, not whether or not he has an agreement signed by you that sets specific amounts owed at discretion controlled by him.

If the contractor is good at being a grifter by virtue of his contract and non-performance, then he has every right to go straight to the county recorder and file a mechanic's lien, get a stop work issued until full payment has been recieved...you can't put another worker on site until that is resolved...see how this could unravel on you. It can get worse, if he was using subs as opposed to employees, and didn't pay them, they can lien you and stop any work as well until you pay up.  A good thing to do, talk to every worker on your project.  If they aren't employees, then you need to get a lien release from each one before they disappear on to their next project.  Careful going on social media and badmouthing too.  Gives a reason to sue you. 

I wonder, how did you find the guy, what were his references, did you go look at two or three finished projects, did you check the better business bureau, make him get a bond, look at the county court records and throw his name out to see what comes back.  

If you are operating in any structure other than sole proprietor, you cannot self represent in any court.  Based on your post, you're looking at a retainer...$750-$1000.  $200 per hour give or take.  Perhaps 3 months or more to be heard...even in small claims.  If your are seeking more than the small claims max, you have to file in common pleas.  So then you win.  How much do you net?  The next step is collection.  That's not automatic.  You have to file your judgement at the county recorder..$$$.  Then sick the sheriff on the named individuals in an attempt to collect.  Oh, and any magistrate that I've encountered is going to bear down on you about your efforts to move on and get a new tenant ASAP....as in what does your log of efforts and interviews reflect. 

I get it that you're PO'd, but you made a mistake...a cosigner is not the same as a guarantor.  If you had the dad sign as a guarantor, you would have more mojo.  Co-signor, not so much.  A guarantor for rent on a residential tenancy is somebody who acts as surety by legally agreeing to take over all the financial obligations of the lease in the event that the tenant defaults. This often means that a guarantor is liable for any rent and/or property damage that the leaseholder has failed to cover.  A cosigner is generally only viewed responsible for rent support during the tenant's occupation and other interests and performance of the lease are not passed to them.

Good luck.

Let Sam cover her money issues.  She's not your problem, she's his.  Do a quick learn on joint and severable liability and add the necessary language to your contract for the next tenant(s).  I would recommend NOT removing her, but instead a side letter or addendum signed by all that indicates she's out.  Search the forum, this isn't, this isn't the only time this has been addressed, sometimes in great detail.

Your utilities should have a landlord program that once you have signed on, they notify you of changes to who is paying.  Also when the payment isn't made.  One, the water company, requires the tenant to bring a signed lease to change over billing.  They all require deposits.  If your area doesn't have such programs, then a phone call is all it takes.

I discuss this in great detail before allowing entry to the property, Actually, three times, during their property inspection, during lease signing, and
when I haven't been notified by a utility company. 

No transfers, no keys.  This is clearly stated in the lease and gets initialed.