Parrothead Posted May 31, 2011 Share Posted May 31, 2011 She wants nothing but :nopity:for why she can't pay the rent or sign the new lease. There is nothing but drama every. single. month. Her ex moved out, and she wanted just her name on the new lease. Now they are back together and he wants to move back in. And now she doesn't want to sign any lease. How hideous of a person am I if I just decide to put the house on the market? They probably don't have any place to go. But I can't stand the drama.:cursing::banghead: Quote Link to comment Share on other sites More sharing options...
Janie Grace Posted May 31, 2011 Share Posted May 31, 2011 Not hideous whatsoever. Put it on the market, or rent it to someone else... you have no obligations to someone who won't sign a contract!!! Quote Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted May 31, 2011 Share Posted May 31, 2011 If she doesn't sign the lease, then she has to move, right? I mean, that's how it works - no meanness about it. Quote Link to comment Share on other sites More sharing options...
Liz CA Posted May 31, 2011 Share Posted May 31, 2011 I think this type of scenario is exactly why dh wants to sell our house instead of trying to rent it out. If it makes you crazy, put it on the market and see what happens. If nothing happens, you can always rent to someone else because as Jean said, those who don't sign the lease cannot live there...:glare: Quote Link to comment Share on other sites More sharing options...
Parrothead Posted May 31, 2011 Author Share Posted May 31, 2011 The only thing I'm afraid of is that she (or the used to be ex) will set fire to it. Quote Link to comment Share on other sites More sharing options...
4everHis Posted May 31, 2011 Share Posted May 31, 2011 The only thing I'm afraid of is that she (or the used to be ex) will set fire to it. Do you have good insurance?? I wish I could say this never happens but unfortunately you need to cover yourself. . . Quote Link to comment Share on other sites More sharing options...
Parrothead Posted May 31, 2011 Author Share Posted May 31, 2011 Do you have good insurance?? I wish I could say this never happens but unfortunately you need to cover yourself. . . Yes. It is insured for just above the amount needed to pay off the mortgage. Not that I'd mind getting rid of the mortgage (or the house for that matter). But I don't want anyone's life (neighbor/firefighter) put at risk because of someone's stupidity. Quote Link to comment Share on other sites More sharing options...
ciyates Posted May 31, 2011 Share Posted May 31, 2011 Make sure the insurance is good! This is a business. I am pretty sure she will find some place to go. Quote Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted May 31, 2011 Share Posted May 31, 2011 The only thing I'm afraid of is that she (or the used to be ex) will set fire to it. There is a reason why when we evict tenants we have the sheriff's department supervising them moving out. I don't know the laws where you are, but that is how it works legally here. That way, even if they've vandalized the place before moving out (which happened one time to us), there was an official report made right then. We also took extensive pictures. Our insurance paid for repairs. Quote Link to comment Share on other sites More sharing options...
Carol in Cal. Posted May 31, 2011 Share Posted May 31, 2011 Are you really serious about this or just kidding? Because if you're serious, I will tell you that you're risking way too much for way too little. You're putting a good chunk of your family's capital into the hands of someone who is completely undependable and unstable. That's just crazy. I would be really nice but really really clear--every adult who stays in the place for more than 10 days must sign the lease (or rental agreement, depending on what you have) or have prior written permission from you to be there. Period. In CA, if someone is on the premises with the landlord's knowledge for longer than that, it doesn't matter whether they are on the rental agreement or not--they are legally considered to be tenants with regards to tenants' rights, although not with regards to most tenants' obligations. That means that to evict them you have to evict them by name (tough if you don't have it written down anywhere) and give them appropriate notice. You can't throw out their stuff if they abandon it. You have all kinds of obligations to them. Also in CA, a lease binds only the landlord, not the tenant, so you're better off with a month to month rental agreement here. I don't know what state you're in and the laws do vary, but that's how it is here. Quote Link to comment Share on other sites More sharing options...
Parrothead Posted May 31, 2011 Author Share Posted May 31, 2011 Also in CA, a lease binds only the landlord, not the tenant, so you're better off with a month to month rental agreement here. I don't know what state you're in and the laws do vary, but that's how it is here. She has been there for 17 months now. In January the old lease expired and it automatically went to month-to-month. I really didn't want to do a new lease, but she wanted one without the ex's name on it. Then when I sent it to her she refused to sign. I've got all this in writing. I do refuse to do the vast majority of business with her over the phone. Part of the problem is that we are so far away. Quote Link to comment Share on other sites More sharing options...
Night Elf Posted May 31, 2011 Share Posted May 31, 2011 Not to alarm anyone, but what is the law regarding a renter without a rental agreement doing something illegal in the rental unit/house? Just yesterday, I found out a friend's friend was sentenced to 10 years in jail because of something his renter was doing. They didn't have a rental agreement and the home owner couldn't prove he didn't know what the renter was doing. Would it have made a difference if he did have a rental agreement? Quote Link to comment Share on other sites More sharing options...
OnTheBrink Posted May 31, 2011 Share Posted May 31, 2011 Not worth the trouble, IMO. Give her the 30 day notice and list the house. If you're truly afraid she'll set fire to it, alert the police department of that threat. Quote Link to comment Share on other sites More sharing options...
Carol in Cal. Posted May 31, 2011 Share Posted May 31, 2011 She has been there for 17 months now. In January the old lease expired and it automatically went to month-to-month. I really didn't want to do a new lease, but she wanted one without the ex's name on it. Then when I sent it to her she refused to sign. I've got all this in writing. I do refuse to do the vast majority of business with her over the phone. Part of the problem is that we are so far away. OK, but who is on the rental agreement? Do you have their names, birthdates, SSN's etc. so you can prove who they are? Do you have terms in the month to month contract? Who is committed to holding to those terms? Both of them? I know it's hard from a distance, but these are really important questions if things get contentious. Do you have a good landlord book to refer to? I use the Nolo Press one, but it's specific to California. Quote Link to comment Share on other sites More sharing options...
Tammyla Posted May 31, 2011 Share Posted May 31, 2011 You would probably be a very smart person not to rely of her. Quote Link to comment Share on other sites More sharing options...
OK Family Posted May 31, 2011 Share Posted May 31, 2011 We have over 25 rental properties, we here that same song and dance over and over. Your mom instincts are probably kicking in about them not having a place, but in the end you are not there mom. If they are not paying rent and you are paying the mortgage, your paying their way. In our state you have to personally give them a notice to vacate, then after 10 days file an eviction notice with the court house. As you said, the same old song plays every month, it obviously isn't going to get better. Evict while you can.:) Quote Link to comment Share on other sites More sharing options...
Parrothead Posted May 31, 2011 Author Share Posted May 31, 2011 (edited) Okay, here is what I sent. We decided on 60 days notice just because I know it is very very hard to find a rental house in that area. Dear Renter, Please be advised that I have received both of your letters. As you know when you first contacted me about renting the house I had no reason or intention to have a tenant. This has not changed. In your letters you have indicated that the house is no longer habitable. Unfortunately, we do not have the time, inclination or funding to make the repairs needed. I can also no longer keep up with who you want living with you and who you don’t. This newest letter asking that Other Renter be allowed back in the house just months after asking that he be not allowed back is too much. Perhaps by the time you are settled you will have worked all of these issues out. Since there is no longer a lease your tenancy is on a month-to-month basis. Please consider this your 60 day notice. To be fair I will give you until July 31 to find new accommodations. I will have someone come inspect the hot water heater installation on or by June 10. I will also make arrangements for an inspection to be done the last week of July and signed by both parties so there is no later confusion about damages. If you make arrangements to vacate the premises please inform me of the date so I can make arrangements for the final inspection to be completed either prior to your departure or on the day of. I find it unfortunate that we will no longer be able to do business. Sincerely, Edited May 31, 2011 by Parrothead Quote Link to comment Share on other sites More sharing options...
Carol in Cal. Posted May 31, 2011 Share Posted May 31, 2011 (edited) Okay, here is what I sent. We decided on 60 days notice just because I know it is very very hard to find a rental house in that area. Dear Renter, Please be advised that I have received both of your letters. As you know when you first contacted me about renting the house I had no reason or intention to have a tenant. This has not changed. In your letters you have indicated that the house is no longer habitable. Unfortunately, we do not have the time, inclination or funding to make the repairs needed. I can also no longer keep up with who you want living with you and who you don’t. This newest letter asking that (edited out) be allowed back in the house just months after asking that he be not allowed back is too much. Perhaps by the time you are settled you will have worked all of these issues out. Since there is no longer a lease your tenancy is on a month-to-month basis. Please consider this your 60 day notice. To be fair I will give you until July 31 to find new accommodations. I will have someone come inspect the hot water heater installation on or by June 10. I will also make arrangements for an inspection to be done the last week of July and signed by both parties so there is no later confusion about damages. If you make arrangements to vacate the premises please inform me of the date so I can make arrangements for the final inspection to be completed either prior to your departure or on the day of. I find it unfortunate that we will no longer be able to do business. Sincerely, Have you sent this yet? If not, or if you can retrieve it, please do so--it would be in your best interest. This letter can be legal tinder for you. You're admitting in writing that the house is not habitable. That means that no rent is due, and in some states would obligate you to pay for alternative quarters while repairs are made. Plus, in some states eviction under these circumstances would be deemed retaliatory. This could be very serious for you! I am positive that this is not what you meant, but legal terms are different from plain English in these matters. Pull this back, and get a book with landlord letters and use one of those. If your tenant is going down a legal path, you have just stuck your head in a lion's mouth. Please, don't wait on this. You're in jeopardy. Edited May 31, 2011 by Carol in Cal. Quote Link to comment Share on other sites More sharing options...
Parrothead Posted May 31, 2011 Author Share Posted May 31, 2011 (edited) Have you sent this yet?If not, or if you can retrieve it, please do so--it would be in your best interest. This letter can be legal tinder for you. You're admitting in writing that the house is not habitable. That means that no rent is due, and in some states would obligate you to pay for alternative quarters while repairs are made. Plus, in some states eviction under these circumstances would be deemed retaliatory. This could be very serious for you! I am positive that this is not what you meant, but legal terms are different from plain English in these matters. Pull this back, and get a book with landlord letters and use one of those. If your tenant is going down a legal path, you have just stuck your head in a lion's mouth. Please, don't wait on this. You're in jeopardy. It is too late. Dh has taken them to the PO. I'm simply taking her word that the house has problems in the basement. She doesn't have the money to pay rent, and she is trying to get me to sell her the house in December (when she supposedly magically come into just a bit of money) the house for half of what I paid for it. I'm not expecting any rent from her at all for June or July. I haven't had a full month's rent in 6 months. At this point I simply want her out. Edited May 31, 2011 by Parrothead Quote Link to comment Share on other sites More sharing options...
Carol in Cal. Posted May 31, 2011 Share Posted May 31, 2011 It is too late. Dh has taken them to the PO. I'm simply taking her word that the house has problems in the basement. She doesn't have the money to pay rent. I'm sure she can't pay the one and only lawyer in town. Especially if I get dh to retain him tomorrow. This type won't take the initiative to drive 45 miles to the next town to find an attorney. I'm not expecting any rent from her at all for June or July. I haven't had a full month's rent in 6 months. At this point I simply want her out. Oh, bummer. This is bad all around. It's the term 'habitable' that caught my eye, as it's a specific legal term that people don't usually use unless they are headed down a legal path. I hope you're right that she won't hire that lawyer. It sounds like you're in for a battle to get her out. Around here the eviction process starts with a formal document called a Three Day Notice to Pay or Quit, which cites how much rent is due and calls for all of it within 3 days. It is just a formal start--rarely does it end there. It sounds like you're thinking of hiring that local lawyer--it is a good idea. He can walk you through the formal eviction process for that state. I'm sorry you're going through this. It's no fun. Quote Link to comment Share on other sites More sharing options...
Parrothead Posted May 31, 2011 Author Share Posted May 31, 2011 Thank you on all counts. Quote Link to comment Share on other sites More sharing options...
sassyscrapperinid Posted May 31, 2011 Share Posted May 31, 2011 Not worth the trouble, IMO. Give her the 30 day notice and list the house. If you're truly afraid she'll set fire to it, alert the police department of that threat. :iagree: Quote Link to comment Share on other sites More sharing options...
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