Evicting Lying Tenant

[PrairieSong]

We are landlords--it's a small side business--and now for the first time have to evict a tenant for non-payment of rent. What really burns me is that this young woman kept lying to us, telling us she'd pay on a certain date, and when we showed up to collect no one answered the door. She kept promising money, and dh kept hoping we'd be paid, knowing if we kicked her out we'd likely get nothing. Her boyfriend moved in and she said he had a lot of money in a money market account, and on and on with the stories and runaround...

 

A friend of ours has an eviction business and walked us through the whole process. When we put the first notice on her door she called my husband, all flustered (or at least trying to sound like it). Were we going to sue her??? What did this mean? Well, it means YOU LIE and don't pay your rent so you have to leave. She contested the eviction so now we're going to court soon, my first time ever.

 

She even told me she was from San Diego, and I found out from FB that she is from a small town in the Midwest. I don't care where she is from; we were just making small talk! Why lie???

 

Now dh and I are angry with her for lying. She was very good at it. He kept believing her. What I really, really hate is that people like this make me not want to trust anyone unless I know them very, very well.

[Iucounu]

Some people lie on principle. You may be victims of a "professional tenant". She will probably stretch things out as long as possible, vanish before move-out for parts unknown, and count on you not to track her down for collection (or count on being judgment-proof)-- and then do it to the next person, living free for many months. It'd be nice to live for free, wouldn't it?

[Hedgehog]

I'm sorry. But try not to get too burned by it.. there are some really good tenants out there. It just sounds like you got unlucky with this one. :grouphug:

[Stacy in NJ]

So sorry for your frustration - it's completely understandable. Just a suggestion, though. Do a credit check on your next tenant. For something like $100 a credit company will do a seach and inform you of any obvious cheats. Also, consider asking for a reference and check it. If you're using ads, include "credit check and references required" in the advertisement. It may scare off any creeps.

[PrairieSong]

So sorry for your frustration - it's completely understandable. Just a suggestion, though. Do a credit check on your next tenant. For something like $100 a credit company will do a seach and inform you of any obvious cheats. Also, consider asking for a reference and check it. If you're using ads, include "credit check and references required" in the advertisement. It may scare off any creeps.

 

Thanks, Stacy. We did do a background check (which was only for our state) and checked with her employer about her income, but definitely should have done a complete credit check. My friend who runs the eviction service can do a nationwide credit check for MUCH less than $100. He said he would charge me what it costs him.

 

We will do a more thorough job of screening after this, that's for sure.

[OK Family]

We are landlords--it's a small side business--and now for the first time have to evict a tenant for non-payment of rent. What really burns me is that this young woman kept lying to us, telling us she'd pay on a certain date, and when we showed up to collect no one answered the door. She kept promising money, and dh kept hoping we'd be paid, knowing if we kicked her out we'd likely get nothing. Her boyfriend moved in and she said he had a lot of money in a money market account, and on and on with the stories and runaround...

 

A friend of ours has an eviction business and walked us through the whole process. When we put the first notice on her door she called my husband, all flustered (or at least trying to sound like it). Were we going to sue her??? What did this mean? Well, it means YOU LIE and don't pay your rent so you have to leave. She contested the eviction so now we're going to court soon, ymy first time ever.

 

She even told me she was from San Diego, and I found out from FB that she is from a small town in the Midwest. I don't care where she is from; we were just making small talk! Why lie???

 

Now dh and I are angry with her for lying. She was very good at it. He kept believing her. What I really, really hate is that people like this make me not want to trust anyone unless I know them very, very well.

 

We have 25 rental properties and we have heard story after story from tenants... some are just gonna lie. I don't know what state you live in but ours you can access the county court records online and we are able to most importantly been recently evicted or criminal felony. I'm afraid lying is the least of our worries. Don't get yourself too stressed out..

[cindergretta]

Ugh. I am so sorry. Some people go through life so selfish and irresponsible with no regard for the impact on others. :glare: I hope this resolves well for you and you can get a decent tenant in there. :grouphug:

[PrairieSong]

I'm sorry. But try not to get too burned by it.. there are some really good tenants out there. It just sounds like you got unlucky with this one. :grouphug:

 

There are good tenants! We've had some wonderful ones, always paying rent on time, letting you know of problems or repairs needed.

 

The late rent wouldn't bother me so much with a person/family who had a history of being reliable. We had one family who were long time tenants and they ALWAYS paid. If they were late, they'd contact us, and they always paid their late fee. When they moved out, they were completely paid up.

 

It's just too bad that people who lie and give you the runaround make everything worse for the honest ones.

[Myeightkiddies]

We are getting out of the rental thing. Our rental property has been put up for sale. We've decided, moving has helped us decide, that renting out property isn't for us.

 

In the last twelve months we've had to replace the carpeting twice - throughout. We've hauled away trailer after trailer full of garbage. The entire place has been painted twice (in twelve months). Now we are replacing cabinets. The worst of it hasn't been in the last twelve months, we've done the above multiple times over the last 11 years. Renters even leave abandoned cars on the property.

 

We've only had to legally evict someone once (they got a few months of rent free over the course of doing so). Most of the time they just disappear. Rarely has any ever paid on time. Usually it comes in partial payments throughout the month, if at all. The deposit doesn't come close to covering the repair and expenses of hauling junk away.

 

I know there are great and responsible renters out there. I do not doubt it at all. Unfortunately we haven't encountered any (I'm not nitpicking. The destruction is destruction..not cosmetic issues).

 

OP..I'm sorry that you are going through this. I hope your next tenants will be great! :grouphug:

[PrairieSong]

I have learned that we will need to crack down sooner when someone is late with rent, ESPECIALLY if they have not established themselves as someone who is normally reliable, but just had some unexpected expenses or lost their job. We just can't afford to let someone live in a place for months without paying. Charity is one thing, but this is a business. We try to be fair and to make repairs in a prompt manner, but we cannot put up with lying, avoiding, non-paying tenants.

 

Of course, the careful background checks and credit reports should help in weeding out those who are irresponsible.

[Joanne]

Be prepared that if lying is her MO as a way of life, she (and those she sleeps with ;)) are likely to have turned this around in their mind that:

 

1. They are in the right

2. You are in the wrong

 

They probably will believe that. As weird as it seems to more normally thinking folks.

 

:grouphug: I thank you for being a gracious landlord. When Adrian got sick, and we were unable to meet our rent obligation, we talked with our own gracious landlord, and although we fell behind, we did get caught up. I'm glad he allowed it to unfold that way.

[PrairieSong]

Be prepared that if lying is her MO as a way of life, she (and those she sleeps with ;)) are likely to have turned this around in their mind that:

 

1. They are in the right

2. You are in the wrong

 

They probably will believe that. As weird as it seems to more normally thinking folks.

 

:grouphug: I thank you for being a gracious landlord. When Adrian got sick, and we were unable to meet our rent obligation, we talked with our own gracious landlord, and although we fell behind, we did get caught up. I'm glad he allowed it to unfold that way.

 

Joanne,

 

They may try to argue their way out of it in court, but the plain facts are that they owe us over 1.5 months of rent and we will be given back possession of the property. This case is merely about possession, not about how much they owe us. That is separate. It's actually pretty cut-and-dried, but sometimes people take it this far because it buys them a little extra time.

 

I just hope they haven't trashed the place!!

 

And yes, I can be gracious if a renter is honest and communicates with us, and is normally good about paying rent. I am willing to work something out with someone who is truly in a predicament. That is such a different scenario. I *wish* that was all we were dealing with this time! Ah well. Live and learn.

[cindergretta]

We are very good renters and now, for the last 4 years, have had good owners. (We rent through a property management company.) But the owners come out and have worked with dh in the yard and met the dc and it is a good and amiable relationship. I am grateful for that. They know we are taking excellent care of their house and we have *never* been late with rent. I don't know how it would play out if we had an emergency, though, as we pay the company and not the owners.

 

I have heard so many nightmare stories about renters and the landlords getting dragged through the courts (and mud) just to get their *owed* rent. I pray this is easy for you and you get your property back in decent condition and the money you are owed.

[Joanne]

Joanne,

 

They may try to argue their way out of it in court, but the plain facts are that they owe us over 1.5 months of rent and we will be given back possession of the property. This case is merely about possession, not about how much they owe us. That is separate. It's actually pretty cut-and-dried, but sometimes people take it this far because it buys them a little extra time.

 

I just hope they haven't trashed the place!!

 

And yes, I can be gracious if a renter is honest and communicates with us, and is normally good about paying rent. I am willing to work something out with someone who is truly in a predicament. That is such a different scenario. I *wish* that was all we were dealing with this time! Ah well. Live and learn.

 

 

Oh, I had no doubt you were in the right legally and ethically. I just wanted to let you know that it sounds like you are dealing with people who won't see it that way.

[PrairieSong]

Oh, I had no doubt you were in the right legally and ethically. I just wanted to let you know that it sounds like you are dealing with people who won't see it that way.

 

Yes, that is how I took what you wrote. But I thought you might be warning me that we might have some legal problems with them. As far as I can tell, it will be pretty straightforward. So even if they think they are in the right (and they certainly may), they don't really have a leg to stand on legally.

[Stacy in NJ]

It's too bad that this kind of credit check is necessary, but there are way too many scam artists out there.

 

Hugs.

[TXMomof4]

It makes me so sad that there are people out there like this. In one of our last places I was late on the rent one time. Not a month late, a few days late. DD was in the hospital, dh was deployed and I just flat out forgot to get the check to our landlord. I got many, many calls over the course of a few hours while I was in the ER with dd with all sorts of threats. The reality was she didn't have a legal leg to stand on - even if I couldn't have paid her (which wasn't the issue at all) she couldn't evict us because dh was deployed. Her immediate reaction was that I was a scumbag and was trying to cheat her.

 

It's people like your tenant that make it so hard for everyone else. Sorry you're dealing with ugly people.

[Remudamom]

Hey, this sounds just like the woman we just evicted. She must have gone straight to you. Both our farmhouses here are empty right now and I like it. We've had about three good families and countless bums.

[MissKNG]

:grouphug:

 

My parents have dealt with tenants like that for the past 40 + years.

[4everHis]

Yes, that is how I took what you wrote. But I thought you might be warning me that we might have some legal problems with them. As far as I can tell, it will be pretty straightforward. So even if they think they are in the right (and they certainly may), they don't really have a leg to stand on legally.

 

The latest landlords I know who have tenants that sound exactly like yours. . . the tenants ARE lawyers. scarey!

[Iucounu]

The main reason these days to take a security deposit and last month's rent is in the hopes of covering the period necessary to get a bad tenant out. Unfortunately, in this neck of the woods, depending on the situation, it could take a looooong time to evict, but there are times when it would take a reasonably short time. The key is to take the money up front and act promptly in case of a default.

[Parker Martin]

It could be worse. Someone I knew once stopped hearing from a renter and couldn't reach the renter by phone. He drove to the rental house and looked in a window to find the living room burned as though there had been an explosion in it. He called the police, and the police told him that there had indeed been an explosion and that the tenant was now in jail for running a meth lab.

[PrairieSong]

The main reason these days to take a security deposit and last month's rent is in the hopes of covering the period necessary to get a bad tenant out. Unfortunately, in this neck of the woods, depending on the situation, it could take a looooong time to evict, but there are times when it would take a reasonably short time. The key is to take the money up front and act promptly in case of a default.

 

We do get a security deposit, but I like the idea of the last month's rent as well. Around here it doesn't take that long to evict, unless the tenant is military and is deployed. Otherwise, for non-payment of rent you can get them out in a couple of weeks or so, even less if the tenant does not contest it.

[cindergretta]

It could be worse. Someone I knew once stopped hearing from a renter and couldn't reach the renter by phone. He drove to the rental house and looked in a window to find the living room burned as though there had been an explosion in it. He called the police, and the police told him that there had indeed been an explosion and that the tenant was now in jail for running a meth lab.

 

:001_huh: Oh my heavens!!!!!!!

[creekland]

We do get a security deposit, but I like the idea of the last month's rent as well. Around here it doesn't take that long to evict, unless the tenant is military and is deployed. Otherwise, for non-payment of rent you can get them out in a couple of weeks or so, even less if the tenant does not contest it.

 

Wow, you're lucky. When we had to evict a non-paying tenant we first had to give them so many days notice, then have the court hearing (he didn't contest it) and then give him another 30 days to "catch up" or "move out." Fortunately he moved out, but he left us a mess we had to clean up. We have a judgment against him for the amount he owes, but the chances of actually being paid back are between very slim and nil.

 

Others we know have told us if they have kids (he did) they can stretch it out even longer legally in our state.

 

We always run credit checks... much less than $100.

[Pamela H in Texas]

We haven't always been the best tenants, but we try. And we leave a place near spotless, doing a full cleaning working our way out the door. Usually, the place is cleaner than when we take possession of it.

 

I always tell people exactly what they'd see on a credit check because if that is going to be the deciding factor, we need not apply. Most people appreciate our honesty. A few times, it's meant a little more money up front.

 

The people we rent from currently are weird. LOL We pay only the mortgage amount. They still pay the bug guy and for the air conditioning filters and such. The water and cable and such is in their name and we pay them for it. Only electric is in our name (and that is because we have an awesome electric situation that we didn't want to give up when we moved...it's 4½ cents per kwh less than they were paying). The landlord lowered the deposit (by half) and didn't request last month's rent.

 

Obviously, they are not seasoned landlords or none of the above would be true! We appreciate the situation, but it really isn't best for THEM.

[TranquilMind]

It makes me so sad that there are people out there like this. In one of our last places I was late on the rent one time. Not a month late, a few days late. DD was in the hospital, dh was deployed and I just flat out forgot to get the check to our landlord. I got many, many calls over the course of a few hours while I was in the ER with dd with all sorts of threats. The reality was she didn't have a legal leg to stand on - even if I couldn't have paid her (which wasn't the issue at all) she couldn't evict us because dh was deployed. Her immediate reaction was that I was a scumbag and was trying to cheat her.

 

It's people like your tenant that make it so hard for everyone else. Sorry you're dealing with ugly people.

I am not sure that it is true that you cannot be evicted because your HUSBAND is deployed if the rent is not paid.  The law appears to say that a landlord can file an eviction, and the tenant can receive a temporary stay of the eviction only if the tenant can prove that his military service prevented him from meetin ghis obligation.

But then, I don't have military tenants, not being near a base, though I have been a landlord a long time.

In your case, it was just ridiculous.  If you didn't pay on the due date, I would have notified you, and maybe a second time as well, if you were a good tenant who always paid on time. Then, a notice would have been posted, but it osunds like you would have paid prior to getting to that point, if it were just an accident.  The LL certainly cannot call and harass you, but they do need to be paid in order to meet their own obligations.  I'm sure you would have done that immediately.