Topic: | Questions on tenant issue |
Posted_By:
Anonymous 2015-01-23 22:52:32 MST |
I have a tenant who did not pay rent for several months and told me various reasons for the excuses at different time, such as cancer cure, new HR employee, etc. The tenant had made payment plan and promised to pay back rent in full by January 2015. However, the tenant told me recently that she is filing bankruptcy in Chapter 7. She said that someone put a lien on her husband paycheck which is a fraud and can only be removed unless she files bankruptcy. She said she will not put my name on the list for the bankruptcy case and will pay back rent using the money from her disability case. She had broken her promise again and again for the payment and but does not want to move out. Any suggestions on when/where/why to do what? How to get the money back? |
Posted_By:
Anonymous 2015-01-23 23:06:28 MST |
File eviction immediately. Hire an attorney if necessary. I didn't understand why you didn't file eviction when the first month the tenant didn't pay. |
Posted_By:
Anonymous 2015-01-23 23:07:10 MST |
It is probably too late to say that, but i want to point out what you should have done in case you face the same situation in the future.You should have sent 5 days pay rent or quit notice on day 6th of the month when you are not getting the rent. unless you knew she is getting money from somewhere, you can wait a little bit. but definitely no later that 10th day of the month when she did this the 1st time.what you need to do now is to send the notice right away. wait for 5 days. if you still don't get the rent, you need to go to county small lawsuit court to start a Eviction Process.If you win the case - and you probably will based on what you said, the tenant will be evicted. As far as getting the money you owed back, it is not easy since she is filling bankruptcy. what you can do is to go one step further - get court order to get her salary garnished.This whole process is not difficult thing to do - you can find a lot of related topics from internet. but if you are not sure, I recommend you consult a Landlord-tenant lawyer. |
Posted_By:
Anonymous 2015-01-23 23:08:30 MST |
You can not file eviction now. Have get an attorney to remove automatic stay. After automatic stay removed you can file an eviction. Have yo get an attorney at current situation. |
Posted_By:
Anonymous 2015-01-25 18:40:46 MST |
Being a landlord is to conduct a business, so both side need to stick to the contract. You have shown the willingness to ignore the contract term (which is paying rent by due date). No wonder the tenant is able to repeatedly take advantage of your weakness for several months. This is what your should have done (assuming the rent is due on 1st): Call or email on 2nd to inform that the rent plus late fee and interest is due immediately. Send certified mail notification on 6th to demand pay immediately or vacate the property. After the 7 day waiting period, file eviction on 13th. If you follow the procedures, you might be able to evict the tenant by the end of the month. Good luck. George |
Posted_By:
Anonymous 2015-01-25 18:41:13 MST |
You should go to the court after sending out notice for 5 days. I feel you might act too weak in this case which allow the bad tenant take advantage of you. The collection agency would only help on getting the money back based on the court judgment, not to mention the chance is normally slim. So please do not put too much hope on collection agency although something you can do after court judgment. I have done this myself a few times and my experience is that as long as you speak English, you should not pay extra for a attorney. Please remember our government is on your side especially in Virginia. You have signed leasing contract which is protected by the legal system of this country. Normally when tenants did not pay rents, they won't be able to show any solid evidence to the judge since there is no check proof. Please never take cash from the tenants for rent collection since that makes it sound like drug deal. Ask them to deposit cash or check directly into your bank account, so you have proof. It would take quite sometime since legal system here would give tenant a chance even after judgment to either pay you some rent or to be evicted, but going to the court is the first right step you need to take. In general tenants might be scared since if this goes to the ear of their employer, there is nothing good about for their employment future. The court judgment would help you to establish connection to their employer to garnish their wage by setting up monthly payment. Since your tenant is filing bankruptcy so government is protecting him for future rent allocation. In other words, although he has bad credit now, but he may still find a new place to stay since he has proof to show to new landlord that he can pay rent. This is something you should bear in mind. But right now you need to bring him to court and follow the procedure for eviction unless he choose to pay you past due and future rent by agreement. Good luck |
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