Am I being too harsh?

[Parrothead]

I've got a house in another state that we decided to rent to a family that lost their house in the market crash. The woman of the couple (lets call her Kelly) really wanted to rent the house because it is right next to her elderly mother's house.

 

Right after we left we had someone rent it and this person pretty much destroyed it. The stove, hood and fridge had to be replaced because she left food in/on them.

 

We are paying a mortgage and rent. Due to that we don't have much in savings. Part of the rental agreement with Kelly was that if something needed to be repaired or replaced she needed to go ahead and do that and send me the receipt(s) in lieu of rent payment. And the first month's rent was on me because of the crap she had to clean out of the house.

 

The first month was January. On me, no problem. For the next 3 months I heard nothing. I was busy with finishing school, and any number of things that kept me preoccupied. And I'm generally a nice person. May 1 I sent a letter (CMRRR). That got her attention and she sent me a reciept that covered rent for Feb, Mar, April and 9/10 of May. Also when I sent the letter I contacted a friend I still have there. She and Kelly happened to work at the same place. Friend said Kelly kinda just quit showing up to work.

 

Then I hear nothing again until I sent her a letter (again CMRRR) at the beginning of this month. Apparently she got it today. She called and started with how she is having problems with her in-laws, has to buy school supplies for her youngest, has to make car payments (yes, more than one) and generally gave me crap for why she can't pay the rent she owes.

 

I got rude - no cussing or being nasty, but I was very firm and told her she has broken the terms of the agreement, and that I am sticking to my the terms set forth in the letter I sent at the beginning of the month which stated she as until the 15th to come up with the back rent or receipts and 3rd party (chosen by me) verification of any work. She said she would send me XXX amount on Friday. This does not cover everything.

 

Am I being too harsh? From what I can ascertain, she walked off a job months ago. She may have another one, but I don't know. I'm not sure what her husband is doing for work but she said he will get paid on Friday, hence the ability of paying me XXX amount.

 

I wonder, in this economy if these people are truly in need. But she walked away from her job.

 

I've been there years ago with financial troubles, but I was able to keep in touch with the people I owed money to and worked out terms. Kelly just ignores me unless I send certified letters. I don't want to take food out of her kid's mouth, but I don't want to be taken for a ride.

 

What would yo do?

Edited August 11, 2010 by Parrothead

[elegantlion]

Nope, not too harsh. If she was having issues she should have contacted you well before you had to forward certified mail.

 

If she's truly in a bind can she get help from social services? Excuses go no where, she needs to apply some action.

[duckens]

No. You are not being too harsh. Especially if there was a written agreement/contract about what the expectations are.

 

As well as financial expectations, you expect her to be an ethical person.

 

If an ethical person was in financial straits, they would contact you and explain the situation and HAVE A PLAN.

 

They would not rent a place that is more than they could afford. They would not wait for three months before contacting you if they were having problems paying.

 

It is not your problem that she has car payments or trouble with her inlaws.

 

I've been there years ago with financial troubles, but I was able to keep in touch with the people I owed money to and worked out terms.

This tells me that you are more than willing to work out a compromise or payment plan. A big thumbs up to you.

 

Kelly just ignores me unless I send certified letters.

This tells me that she is taking you for a ride. Get her out of there sooner than later. She is not keeping up her part of the bargain.

[Mynyel]

I am a renter and I really do understand binds but there isn't an excuse not to contact a landlord or not pay rent.

 

If we were tohave trouble paying rent we would contact our landlord and see if we could defer it just a bit or some such thing.

 

I don't get renters. You would think that paying rent would be the first thing you would do.

 

I don't think your being harsh. You are doing what was a greed to and I think you have been very generous. I would love to have you as a landlord (well if I couldn't keep my current one, he is fabulous!).

 

:grouphug:

 

Stick to your guns!

 

(Where (approx) is said home? We are looking to move! ;))

[Mejane]

No. You are not a charitable organization, and you have your own financial considerations. She needs to pay you what she owes you. Unfortunately, it may be easier said than done. Renters seem to have most of the rights, at least that's what I hear from folks I know who own rental properties. Some have taken months to get someone out, much less gotten any money out of them. Sorry! I hope you have better luck.

Edited August 11, 2010 by Mejane

[Barry Goldwater]

IMHO you are being too accomodating...this smells like big trouble. Remember, this is business...don't let her suck you into all her problems. It will never end.

[hillfarm]

I would send a letter (also certified, etc.) kindly but firmly reminding her of the requirements of the original agreement and stating that while you do wish her well and want to be kind and understanding, you are not getting the same response each month from your lender when you receive your statement from the mortgage company each month. Point out that if she does not pay rent, then you are unable to pay the mortgage, and that if the bank forecloses, then neither of you will be in that house. Spell out that you need to have either full payment or equivalent receipts in hand by the 15th of each month, or she will need to make other arrangements for her accommodations.

 

I might also include that your financial advisor recommends a no tolerance policy toward late, incomplete, or non-existent rent payments. You don't have to specify that your financial advisor is your dh!

 

You are not taking the food out of her dc's mouths. She is stealing from you every month that she does not pay. I, too, have known some tough financial times but I never missed a rent payment because that was a priority to me. Apparently it is not one to her.

[duckens]

Consider two people that owed me $$$ for babysitting that I have dealt with in the past year.

 

Person #1 hadn't paid anything in over 8months. Sometimes I'd get busy and forget to telephone her, but when I did, it would be once every 2-3 weeks to ask her to bring me a $20 payment. I always called during business hours, and I asked which day was good for her (for her paycheck or child support to come in).

 

She would promise, then blow me off.

 

It may be inappropriate, but I eventually told her that she HAD to bring me $20, or I'd call her exFIL for another solution. I implied that the child support she receives is supposed to meet her son's needs, and if she is not doing that, there is a problem.

 

She responded by yelling, swearing, and threatening to call the cops on me for harassing her with all the phone calls!!!! I'm not surprised, because she has behaved this way before.

 

This story ends with that as the last straw. I told her that all future communications would be taped, and if I needed to call her exFIL, I would, just as if she felt she needed to call the cops, then she needed to also...although I didn't recommend it.

 

She paid me the balance in a little more than an hour.:D

 

Person #2 pays me $20/week, every Friday. If she cannot, SHE calls ME first thing Monday morning. She has an explanation, and a PLAN to pay me double the following Friday...and she is good for it.

 

So is Kelly more like #1 or #2? You be the judge.

[Mommyof4ks]

IMHO you are being too accomodating...this smells like big trouble. Remember, this is business...don't let her suck you into all her problems. It will never end.

 

:iagree: We all have money trouble sometimes, but we can't just give an excuse and get an extension without penalty. If she walked away from her job, then IMO she has no excuse not to pay. Stick to your terms, and follow through with whatever you said would happen should they not pay. I also agree with having the worked checked out, because you need to know if the work was done and done well should you sell your house in the future.

[Impish]

Its her responsibility to keep in touch with you, either by paying her rent, or submitting receipts to you prior to rent being due. I wouldn't care if she were working, as long as the rent was paid. The circumstances in which she left her job is nunya, imo, just the payment of rent.

 

She pays it all by the 15th, or calls the movers. Period.

[mcconnellboys]

I'd get someone I trust there to oversee her eviction, I'm sorry....

[kalanamak]

 

What would yo do?

 

Not too harsh, and I'd never trust her as far as I could spit again. I'd be working on getting her out without being sued.

[Parrothead]

:iagree: We all have money trouble sometimes, but we can't just give an excuse and get an extension without penalty. If she walked away from her job, then IMO she has no excuse not to pay. Stick to your terms, and follow through with whatever you said would happen should they not pay. I also agree with having the worked checked out, because you need to know if the work was done and done well should you sell your house in the future.

Thanks everyone. I've been okay with photos of the work, but I think I'm going to get with my friend and set a date that we can tell Kelly my friend will be inspecting the work done.

 

Thanks again for the confirmation and encouragement. I suppose I think everyone is responsible. If that were the case there wouldn't be such a thing as a credit score.

[Scuff]

Be very careful of the eviction laws where the house is. Follow them to the letter and get her out. If I understand correctly, she's been living there free all this time?

[Parrothead]

No, only since the very last two days of May. At that time she said she had more reciepts. If she ever sends them it will clear her til the last week of June. So she does owe for July and now August.

[Pamela H in Texas]

I wonder if you can't ask for income verification? You know, just as you would ask for it to rent to her, you need it in order to work with her. Additionally, I would make it CLEAR that you understand tough times, but you also have responsibilities so will not make additional arrangements with her. I'd be sugary sweet as that is how I am, but I'd also be firm and clear.

[texasmama]

I think she is taking advantage of your kindness. You are not being harsh.:grouphug:

[Audrey]

Agreeing with the others that you are NOT being too harsh.

 

Sorry this is happening to you.

[iammommy]

No, you're not being too harsh at all. In fact you've been very patient. She's taking advantage, unfortunately.

 

nan

[Denisemomof4]

I don't think you're being too harsh, and I do think she's taking advantage of you. Too much time has passed.

 

Speaking as a former landlord.;)

[vonfirmath]

You let her put in receipts in lieu of rent? Wow Very generous.

 

We are responsible for the first $50 of every repair on our rental as well as our full rent.

[anotherbrother]

You let her put in receipts in lieu of rent? Wow Very generous.

 

We are responsible for the first $50 of every repair on our rental as well as our full rent.

 

:iagree:

 

That's very generous to accept receipts in lieu of rent. My inlaws have several rental properties and have really been taken advantage of by this. I wouldn't allow this situation unless you've pre-approved any repairs in advance.

 

Being responsible for the first $50 of every repair will certainly make you think twice about wether or not you need to do something.