mamiof5 Posted February 20, 2016 Share Posted February 20, 2016 Their furniture was in the home but we haven't heard an update. I am trying to remind myself that nosiness is not a virtue and that my interest is morbid and I should be ashamed of myself (truly). OP, I hope it all worked out.Thanks for info. A little puzzled by part of your post. Not sure I get what you are saying :) (long week and my brain is slooooowww right now) Quote Link to comment Share on other sites More sharing options...
38carrots Posted February 20, 2016 Author Share Posted February 20, 2016 Since I see this has become such a lively topic, I must update. Yes, you were all right. We were supposed to cash the check today. Thank you to whoever told us to go to her branch. At the bank today the teller told us that we couldn't cash it since we don't have an account at this bank, but also "Even if you had an account...I can't tell you the exact situation...but....it isn't good." We went to see them and asked for cash by tonight. When we came to get the cash we found out my cell phone was blocked, them not at home, and a note at the door for us saying that she deposited the money into a wrong account and it required 5 days clearance. I had accidentally called her emergency contact earlier this morning, and revealed the situation to her dad (unwittingly). So she added on the note that we should not be calling her parents blah blah as she doesn't discuss her finances with them. DH is serving an eviction notice on Monday. The good news is that DH admitted to not acting wisely and had deviced a screening protocol to which he'll adhere in the future. If there are enough requests, I'll be updating on the eviction process. :smilielol5: 12 Quote Link to comment Share on other sites More sharing options...
Mimm Posted February 20, 2016 Share Posted February 20, 2016 Thanks for the update and I'm sad to see it is pretty much as expected. I hope you are able to get rid of them without too much trouble and I hope you'll keep us updated as things progress. 3 Quote Link to comment Share on other sites More sharing options...
Guest Posted February 20, 2016 Share Posted February 20, 2016 Oh, man, carrots. That totally stinks. I was SO hoping it would be a "Good People, temporary bad situation." :( I also have to wonder what the HELL they were thinking. Like, how long did they think they were going to keep this con in action? Also, experience is a mighty teacher. Once bitten, twice shy. I learned the hard way that I could not be as benefit-of-doubt and agreeable as I tend to be when it comes to tenants. 18 Quote Link to comment Share on other sites More sharing options...
AmandaVT Posted February 20, 2016 Share Posted February 20, 2016 Oh man. I was so hoping they were going to have the money in the account for yesterday and things would have gone smoothly from there. I'm so sorry 38carrots!! :-( 5 Quote Link to comment Share on other sites More sharing options...
creekland Posted February 20, 2016 Share Posted February 20, 2016 DH is serving an eviction notice on Monday. The good news is that DH admitted to not acting wisely and had deviced a screening protocol to which he'll adhere in the future. If there are enough requests, I'll be updating on the eviction process. :smilielol5: Wow - really sorry they didn't at least come up with some cash for you. Gotta offer :grouphug: for your situation. Also offering thanks for the update, so those learning from others mistakes can see what often happens in these situations and that those of us who have BTDT (or similar things) aren't all just speaking hypothetically. More :grouphug: though and best wishes that eviction works out smoothly without them trashing your place. 8 Quote Link to comment Share on other sites More sharing options...
TechWife Posted February 20, 2016 Share Posted February 20, 2016 Ugh. I'm so sorry. Do keep us updated on the eviction proceedings. I want to know the end of the story... 10 Quote Link to comment Share on other sites More sharing options...
marbel Posted February 20, 2016 Share Posted February 20, 2016 I am so sorry. Was really hoping that we were all going to be proven wrong. Please keep us updated, if you wish of course. I would like to know how it all works out. Plus, it may be very helpful/instructive to others. 3 Quote Link to comment Share on other sites More sharing options...
eternalsummer Posted February 20, 2016 Share Posted February 20, 2016 That sucks! I hope everything goes as smoothly as possible from here; we made a charity+business (they don't mix) mistake last year and we're still paying for it. My only consolation is that it happened now, and not later when we might have much more on the line (more $ available to steal). So your DH made a mistake, but it could have been worse? (trying for comfort here) :) 4 Quote Link to comment Share on other sites More sharing options...
East Coast Sue Posted February 21, 2016 Share Posted February 21, 2016 I was really hoping you'd get paid. It's predictable that it turned out this way but so disappointing, too. 2 Quote Link to comment Share on other sites More sharing options...
Spryte Posted February 21, 2016 Share Posted February 21, 2016 I'm so sorry. 2 Quote Link to comment Share on other sites More sharing options...
happi duck Posted February 21, 2016 Share Posted February 21, 2016 (Hugs) Do keep us updated! 1 Quote Link to comment Share on other sites More sharing options...
mamakelly Posted February 21, 2016 Share Posted February 21, 2016 (edited) Oh man, I was really hoping it wouldn't end like that. Be sure you get an attorney and do the eviction absolutely legally perfect. Sounds like they know how to work the system and will milk every loophole. Edited February 21, 2016 by mamakelly 6 Quote Link to comment Share on other sites More sharing options...
creekland Posted February 21, 2016 Share Posted February 21, 2016 We never needed an attorney when we did our eviction. I can't imagine adding that extra expense on either. It's all pretty cut and dried in our state. Perhaps others have done differently? 2 Quote Link to comment Share on other sites More sharing options...
Seasider Posted February 21, 2016 Share Posted February 21, 2016 Ah, man. I was really hoping we'd all be wrong. And I hate to think this, but I have a sneaky suspicion you are going to have a really hard time evicting them. Again, I hope I'm wrong. Please do keep updating us. Yeah, this is where my thoughts run. Possession is nine-tenths of the law.... that old saying didn't become a cliche for nothing. 2 Quote Link to comment Share on other sites More sharing options...
Alessandra Posted February 21, 2016 Share Posted February 21, 2016 (edited) Oh, thank you for keeping us updated. I imagine that it can't be easy sharing this, but maybe later it will help someone else down the line. One thing that jumped out at me was the bank teller letting you know that he situation wasn't good. I would hardly think she would say that if your 'tenants' were good people bouncing a check for the first time. Small consolation, but you probably are not the first scam victims. Another teeny consolation -- I'd be willing to bet your scammers did not expect you to go directly to their bank. I hope that shook them up. I wonder if they scammed their own parents? An honest couple might be able to go to parents and ask for help.... Agreeing with getting an attorney. For example, should you be depositing the check and having a record of a bounced check? There are probably a lot of questions like that. Can you get someone experienced in evictions to work with you as a professional courtesy, since your dh is also a lawyer? Edited February 21, 2016 by Alessandra 7 Quote Link to comment Share on other sites More sharing options...
TranquilMind Posted February 21, 2016 Share Posted February 21, 2016 Document everything. Including your visit, the blocked number, the failure to appear, and the failure to bring cash initially as agreed, and the momentary lapse in trusting them with providing you post-dated checks. By the way, were you able to cash one? I'd check frequently, and the moment you find out money hits that account, get down there and cash it immediately. Usually you CAN cash a check if you pay a fee. It would be worth it if you can. I doubt they spring for the charge to cancel them. All you will have to do is tell the judge this brief few sentences, and you will win a judgment against them. Hope they actually get out though, and don't force you to eviction by the Sheriff. You might consider a cash for keys situation, which landlords do in desperate situations when they don't want damage to the property. You could offer them $100, if the house is cleared, clean, and undamaged and they return your keys, and in exchange, you will not be filing for eviction Monday morning, which will damage their credit record for years (they may not care). You would want to take an attack dog or security guard with you though. Then keep trying to cash the first check, because you are out security deposit and first month's rent as your damages. Did you do a credit check on these people? If not, be sure to do that next time, as well as criminal history check, employment check, and landlord check. I'm really sorry and I hope it somehow goes better than anticipated. 17 Quote Link to comment Share on other sites More sharing options...
Pen Posted February 21, 2016 Share Posted February 21, 2016 Since I see this has become such a lively topic, I must update. Yes, you were all right. We were supposed to cash the check today. Thank you to whoever told us to go to her branch. At the bank today the teller told us that we couldn't cash it since we don't have an account at this bank, but also "Even if you had an account...I can't tell you the exact situation...but....it isn't good." We went to see them and asked for cash by tonight. When we came to get the cash we found out my cell phone was blocked, them not at home, and a note at the door for us saying that she deposited the money into a wrong account and it required 5 days clearance. I had accidentally called her emergency contact earlier this morning, and revealed the situation to her dad (unwittingly). So she added on the note that we should not be calling her parents blah blah as she doesn't discuss her finances with them. DH is serving an eviction notice on Monday. The good news is that DH admitted to not acting wisely and had deviced a screening protocol to which he'll adhere in the future. If there are enough requests, I'll be updating on the eviction process. :smilielol5: I would for sure like updates! I am really sorry it is happening, but glad that your DH is moving promptly forward and has plans for the future. I only hope they don't trash the place or some such thing as the eviction process goes forward. I have been sharing some of the gist of this story with my son as a learning / educational experience. We have played the Cashflow game which makes it look like buying a rental unit and renting it out is a piece of cake. I appreciated having a story to show some other side of it. So continued updates would also help for having this turn into a bit of second hand learning. How does the eviction process work as to what you dh has to do now to be able to serve eviction notice on Monday? 2 Quote Link to comment Share on other sites More sharing options...
creekland Posted February 21, 2016 Share Posted February 21, 2016 Document everything. Including your visit, the blocked number, the failure to appear, and the failure to bring cash initially as agreed, and the momentary lapse in trusting them with providing you post-dated checks. Repeating this because it's worth repeating. Document EVERYTHING, including writing down the time and date(s) you attempted to cash their check. Document what they told you about their emergency call number and any other explanations they have given you. Write everything down. Go back and check on this thread to see if you've forgotten anything. Hopefully you have "before" pictures of your place in case you need them. Evictions really are cut and dried. Read up on the legal aspects for your state, then follow them. It's all online - for free. Your hubby can do this as his part of making things right. It honestly doesn't take extra legal help. It only requires reading and acting according to your state law. 14 Quote Link to comment Share on other sites More sharing options...
Pen Posted February 21, 2016 Share Posted February 21, 2016 I don't know if this would happen where you are, but I know some people whose tenants did different but also unethical and breach of contract things such that they started eviction proceedings. The tenants let it go to just about the last moment when a sheriff deputy would be arriving, and then disappeared without a trace. Something like that wouldn't surprise me in this situation either. 2 Quote Link to comment Share on other sites More sharing options...
Mimm Posted February 21, 2016 Share Posted February 21, 2016 I know this isn't the main point, but she has a lot of nerve telling you not to call her parents when she's blocked your number. I'd call her parents on a daily basis looking for them and passing along messages. 13 Quote Link to comment Share on other sites More sharing options...
creekland Posted February 21, 2016 Share Posted February 21, 2016 I know this isn't the main point, but she has a lot of nerve telling you not to call her parents when she's blocked your number. I'd call her parents on a daily basis looking for them and passing along messages. Be careful with this advice. Her parents aren't responsible for her debt and calling them about it, esp often, could be harassment. You do not want to give them anything they can use against you. 13 Quote Link to comment Share on other sites More sharing options...
zoobie Posted February 21, 2016 Share Posted February 21, 2016 Well, poop. I hope the eviction goes smoothly and without damage to your property. 1 Quote Link to comment Share on other sites More sharing options...
Grover Posted February 21, 2016 Share Posted February 21, 2016 ohhh no! I was SO hoping you were going to post that all was well :-( I hope you can get out of this without any further losses. How do they expect you to contact them if they have blocked your number, if not via the emergency contact? I am so disappointed for you. 2 Quote Link to comment Share on other sites More sharing options...
Alessandra Posted February 21, 2016 Share Posted February 21, 2016 Repeating this because it's worth repeating. Document EVERYTHING, including writing down the time and date(s) you attempted to cash their check. Document what they told you about their emergency call number and any other explanations they have given you. Write everything down. Go back and check on this thread to see if you've forgotten anything. Hopefully you have "before" pictures of your place in case you need them. Evictions really are cut and dried. Read up on the legal aspects for your state, then follow them. It's all online - for free. Your hubby can do this as his part of making things right. It honestly doesn't take extra legal help. It only requires reading and acting according to your state law. I suggested legal help, because, if I were in that situation, I'd be a wreck! I guess my suggestion would not apply to those with a better tolerance for confrontation, lol, 2 Quote Link to comment Share on other sites More sharing options...
idnib Posted February 21, 2016 Share Posted February 21, 2016 Carrots, I'm sorry it worked out this way. :grouphug: I had a bad feeling but I really wanted to be wrong. Check and see if there's a landlord's group in your area who can answer any questions. If not, I would go with an attorney. A half hour of consultation could save you heartache. If you come prepared, you can get a lot of questions answered in that amount of time. Some areas of the country are more landlord-friendly and others more tenant-friendly. Do you know which kind of area you are in? That could also help you decide if you need an attorney or not. For example, I've been a landlord in a very tenant-friendly area (and I appreciate that from a social justice point of view!) but if I had to do an eviction I would get a lawyer, simply because we have a lot of tenant's right attorneys who work pro bono so the tenants would probably appear with one in court here. 2 Quote Link to comment Share on other sites More sharing options...
OneStepAtATime Posted February 21, 2016 Share Posted February 21, 2016 Just like the others, I was really, really hoping for a positive update. I am so sorry this happened. I am hoping with all my heart that despite some really bad signs, this resolves quickly and they get out of your hair with no damage to the property and not a lot of time or effort involved on your part. :grouphug: :grouphug: :grouphug: 1 Quote Link to comment Share on other sites More sharing options...
elegantlion Posted February 21, 2016 Share Posted February 21, 2016 Yuck! I hope the eviction goes smoothly and that you are able to bite your tongue about telling dh "I told you so!" 4 Quote Link to comment Share on other sites More sharing options...
TranquilMind Posted February 21, 2016 Share Posted February 21, 2016 (edited) I know this isn't the main point, but she has a lot of nerve telling you not to call her parents when she's blocked your number. I'd call her parents on a daily basis looking for them and passing along messages. Probably not daily, but they should know they are the emergency contact and these people taking possession without paying is an emergency, as they are about to be evicted from their housing. Edited February 21, 2016 by TranquilMind 3 Quote Link to comment Share on other sites More sharing options...
idnib Posted February 21, 2016 Share Posted February 21, 2016 Probably not daily, but they should know they are the emergency contact and these people taking possession without paying is an emergency, as they are about to be evicted from their housing. I would worry that if I kept the parents apprised, they would step in with the money and save the tenants during the eviction process, then I would be stuck with these folks for even longer. I would only contact the parents in a real emergency, like a medical problem or a fire. 6 Quote Link to comment Share on other sites More sharing options...
barnwife Posted February 21, 2016 Share Posted February 21, 2016 Don't waste one second trying to collect the check. If you need to deposit it for proof it's worthless, then do so, I don't know your state laws or leanings. Here, you have to serve notice before filing an eviction in court, that means in person, and then the suit has to be served, and then the judgement has to be served, that's probably why they didn't answer the door and won't. They're one step ahead of you. Parents can be helpful, there's no harm in using your emergency contact until/unless the parents tell you not to call them. 4 Quote Link to comment Share on other sites More sharing options...
Tsuga Posted February 21, 2016 Share Posted February 21, 2016 Since I see this has become such a lively topic, I must update. Yes, you were all right. We were supposed to cash the check today. Thank you to whoever told us to go to her branch. At the bank today the teller told us that we couldn't cash it since we don't have an account at this bank, but also "Even if you had an account...I can't tell you the exact situation...but....it isn't good." We went to see them and asked for cash by tonight. When we came to get the cash we found out my cell phone was blocked, them not at home, and a note at the door for us saying that she deposited the money into a wrong account and it required 5 days clearance. I had accidentally called her emergency contact earlier this morning, and revealed the situation to her dad (unwittingly). So she added on the note that we should not be calling her parents blah blah as she doesn't discuss her finances with them. DH is serving an eviction notice on Monday. The good news is that DH admitted to not acting wisely and had deviced a screening protocol to which he'll adhere in the future. If there are enough requests, I'll be updating on the eviction process. :smilielol5: Oh, ugh. I am really, really sorry. FYI, what I've had to do to rent in WA: * Criminal background check * First last and deposit EVEN for subsidized student housing at a state university, cash or money in bank before key * Three letters of recommendation, in one case they all had to be local, in another, because I hadn't rented for 10 years in the US, I gave her three personal references but two were in the town and one was a land, business and homeowner and they wrote a personal letter for me. They actually called all of them. They said they were just impressed everyone answered in some cases. Anyway, I am sorry. I hope you can get through this quickly. Don't budge on anything. What scammers. 1 Quote Link to comment Share on other sites More sharing options...
dirty ethel rackham Posted February 21, 2016 Share Posted February 21, 2016 I'm so sorry it has come to this. I encourage you to do everything by the letter of the law and that the eviction goes smoothly. Keeping you in my prayers. 1 Quote Link to comment Share on other sites More sharing options...
SproutMamaK Posted February 21, 2016 Share Posted February 21, 2016 Ugh, I'm so sorry.I'd love updates, just because I'm a landlrod and have never gone through this myself... I'd love to be aware of how exactly this goes down so I know what to watch out for. What are the eviction laws in your state? How long will it be until you can force them out of there? Quote Link to comment Share on other sites More sharing options...
Seasider Posted February 21, 2016 Share Posted February 21, 2016 I'm guessing this is something that has/would come up in your dh's research, but in case it didn't, this looks like helpful info: http://m.wikihow.com/Serve-an-Eviction-Notice But you must be sure of the laws in your own state. 1 Quote Link to comment Share on other sites More sharing options...
creekland Posted February 21, 2016 Share Posted February 21, 2016 Notice is required here too. Your next step (if you haven't already done it) is to be looking up the laws in your state, then using them as a checklist to proceed. If there is any landlord board or you know of anyone who has BTDT, that could help. Quote Link to comment Share on other sites More sharing options...
Amira Posted February 21, 2016 Share Posted February 21, 2016 I'm so sorry things are turning out this way. I hope you can evict them as quickly as possible. Quote Link to comment Share on other sites More sharing options...
Kathryn Posted February 21, 2016 Share Posted February 21, 2016 I'm so sorry. Please do keep us updated. Quote Link to comment Share on other sites More sharing options...
OneStepAtATime Posted February 21, 2016 Share Posted February 21, 2016 As mentioned up thread, most notices have to be served in person (if not all but I don't know the laws in every state). That is why they probably will not answer their door now or answer the phone to you. They will avoid you as long as possible so they can camp out as long as possible. I agree, you might want to go ahead and deposit that check. It won't clear but you can then prove that it didn't clear. The official notice of NSF for that check should help you a bit legally. As someone else mentioned, if you really want them out ASAP, you MIGHT try offering them money to just leave (although I would check laws in your state first). They may have no funds available to move anywhere else (which is probably why they played this situation with your husband the way they did) and they know they won't get a referral from you. While it absolutely stinks to pay them to leave, if they actually left quickly, with minimal damage to your property, it might be worth it. I wouldn't give them a dime until they were actually moving out, though. 3 Quote Link to comment Share on other sites More sharing options...
brehon Posted February 21, 2016 Share Posted February 21, 2016 Depending on your state's laws your dh should probably talk with an attorney. I assume, based on his earlier actions, that he doesn't practice this kind of law. He could probably talk to one for the price of a drink (or dinner or whatever) and at least find out if he should formally hire one. I would be surprised if he or one of his associates don't know a lawyer who specializes in this area. 5 Quote Link to comment Share on other sites More sharing options...
Carol in Cal. Posted February 21, 2016 Share Posted February 21, 2016 There is another way you can play this, but it probably won't work because these people sound like pros who have done this before, and that is to hang out there a lot and act pathetic. Remind them that you are a small landlord, that you only have the one rental house, that this is a huge hardship for you, that you understand that people fall onto bad times, etc. Be respectful and nice. They might start to feel guilty enough to leave. This worked for me once, DH was far to angry to do it, but I pulled it off. But honestly I don't think these people ever feel guilty from the sound of things. So pursuing the legal remedies would probably be best. I'm very sorry. 2 Quote Link to comment Share on other sites More sharing options...
TranquilMind Posted February 21, 2016 Share Posted February 21, 2016 Depending on your state's laws your dh should probably talk with an attorney. I assume, based on his earlier actions, that he doesn't practice this kind of law. He could probably talk to one for the price of a drink (or dinner or whatever) and at least find out if he should formally hire one. I would be surprised if he or one of his associates don't know a lawyer who specializes in this area. Actually completely out with the premises clean and undamaged, and all facilities working. Then I would meet them at the Starbucks or something and pay the $100. I doubt they will go for this though. They sound like pro-scammers to me, but I hope I am wrong. 4 Quote Link to comment Share on other sites More sharing options...
Alessandra Posted February 21, 2016 Share Posted February 21, 2016 I am still wondering whose name utilities are in. Would that actually make a difference, one way or the other? If the lease doesn't call for LL to pay utilities, but they are still in LL's name, what happens? If tenants put utilities in their name and don't pay, is it a problem for LL? It's probably obvious I have no experience in this area, but the thread title is What could go wrong, so I am worrying. 1 Quote Link to comment Share on other sites More sharing options...
caedmyn Posted February 21, 2016 Share Posted February 21, 2016 You will have to check on what constitues serving in your state, but in mine, if someone looks out the window and sees the process server there, but refuses to open the door, the server can drop the notice on the ground and it's considered served. They don't have to actually talk to you and accept it from you. 6 Quote Link to comment Share on other sites More sharing options...
TranquilMind Posted February 21, 2016 Share Posted February 21, 2016 I am still wondering whose name utilities are in. Would that actually make a difference, one way or the other? If the lease doesn't call for LL to pay utilities, but they are still in LL's name, what happens? If tenants put utilities in their name and don't pay, is it a problem for LL? It's probably obvious I have no experience in this area, but the thread title is What could go wrong, so I am worrying. Yes, utilities. We don't allow a tenant in until all funds are paid in good-as-cash form AND we have verified all utilties have been turned on in the tenant's name. Then the tenant gets keys, not before. Once in, you CANNOT turn off utilities, as that creates a constructive eviction for which the landlord is liable, in with treble damages in some states. I really hope you turned them off before, or the tenant actually did this, as required. 4 Quote Link to comment Share on other sites More sharing options...
Alessandra Posted February 21, 2016 Share Posted February 21, 2016 Yes, utilities. We don't allow a tenant in until all funds are paid in good-as-cash form AND we have verified all utilties have been turned on in the tenant's name. Then the tenant gets keys, not before. Once in, you CANNOT turn off utilities, as that creates a constructive eviction for which the landlord is liable, in with treble damages in some states. I really hope you turned them off before, or the tenant actually did this, as required. Good grief! So, hypothetically speaking, if utilities were in LL name, LL would have to pay utilities of non-paying tenant…. I have no words. 2 Quote Link to comment Share on other sites More sharing options...
Tsuga Posted February 21, 2016 Share Posted February 21, 2016 Good grief! So, hypothetically speaking, if utilities were in LL name, LL would have to pay utilities of non-paying tenant…. I have no words. Which is why we have always had to turn on the utilities before moving in or sign that we realized that the utilities were not in the landlord's name and there would be no utilities and they weren't responsible and that we were responsible for any damage due to non-payment of utilities. Not because poor, not because bad people, but just because. 3 Quote Link to comment Share on other sites More sharing options...
PrairieSong Posted February 22, 2016 Share Posted February 22, 2016 Well, darn. I am not surprised it turned out this way, but I was hoping for a better outcome for your sake, 38carrots. Here's hoping the eviction process is smooth and quick. Quote Link to comment Share on other sites More sharing options...
TranquilMind Posted February 22, 2016 Share Posted February 22, 2016 Good grief! So, hypothetically speaking, if utilities were in LL name, LL would have to pay utilities of non-paying tenant…. I have no words. Yes. And people wonder why we are so protective and investigate prospective tenants so much. 3 Quote Link to comment Share on other sites More sharing options...
Seasider Posted February 22, 2016 Share Posted February 22, 2016 Yes. And people wonder why we are so protective and investigate prospective tenants so much. And sadly, this is why so many of the initial responses to the first post were "scary" stories. Because the cost of selecting poor tenants is unfortunately rather high. 7 Quote Link to comment Share on other sites More sharing options...
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