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Message
re: Major issue with a tenant and I need advice
Posted on 9/5/19 at 10:43 am to I Love Bama
Posted on 9/5/19 at 10:43 am to I Love Bama
quote:Well, now you know.
He paid me $4,000 in cash to get moved in. I never imagined someone would risk $4,000 by not answering phones calls after.
0
Posted on 9/5/19 at 10:52 am to gizmoflak
quote:
Based on the fact that there is no record of anyone living there, I believe you would have the right to turn off all utilities.
quote:
lol. just the absolute worst advice
This is true, it was the worst advice. Not editing and taking my lumps.
I had previously been able to do it through my property manager because the utilities were written in the lease as a separate payment (i.e., $1000 rent, $200 utilities). Since the tenant was not making payment, I was allowed to stop paying the utilities.
* The last version my property manager used indicated that after so many missed payments the responsibility of the utilities would transfer to the tenant; therefore, I am able to stop my account. Don't recall if this was the situation then as that was over 5 years ago.
Posted on 9/5/19 at 11:34 am to I Love Bama
Marcus Lemonis? That you?
Posted on 9/5/19 at 12:14 pm to Weekend Warrior79
quote:
had previously been able to do it through my property manager because the utilities were written in the lease as a separate payment (i.e., $1000 rent, $200 utilities). Since the tenant was not making payment, I was allowed to stop paying the utilities.
Interesting clause, I have a hard time believing a lawyer would support that.
But given that, let’s say they missed 2 payments. Why cut off their utilities? I’m starting the eviction process already.
Posted on 9/5/19 at 12:20 pm to I Love Bama
quote:
I've been in real estate 10 years
quote:
No paperwork was ever signed.
Posted on 9/5/19 at 12:27 pm to I Love Bama
1. Always get the paperwork signed before money changes hands and DEFINITELY before they move in.
2. Get another lawyer. This should be a slam-dunk.
3. Start eviction proceedings. Today. While he paid down, he has defaulted on his monthly payments. That combined with no written agreement means he is squatting.
2. Get another lawyer. This should be a slam-dunk.
3. Start eviction proceedings. Today. While he paid down, he has defaulted on his monthly payments. That combined with no written agreement means he is squatting.
Posted on 9/5/19 at 12:53 pm to I Love Bama
Reminds me of a thread a saw on the poliboard a couple weeks ago.
Why do Squatters Rights Exist?
Good luck.
Why do Squatters Rights Exist?
Good luck.
Posted on 9/5/19 at 2:46 pm to nolaks
quote:
Anxious to see how this plays into future active vs passive income threads.
R E A L E S T A T E
E
A
L
E
S
T
A
T
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Did I do that correctly?
This post was edited on 9/5/19 at 2:46 pm
Posted on 9/5/19 at 3:11 pm to I Love Bama
I have given you shite over the years that you have given horrible RE advice on here. This just confirms what I have said but I won't kick you while you are down.
You need to start the eviction process and find a competent attorney to handle it for you. You need to start documenting daily or weekly at least the exterior of the house and it's condition if you have no access to the interior. If the guy destroyed the house then enjoy carrying a judgement against someone who will never pay it up and tying the property up in legal limbo while you pursue legal relief from this.
You also better hope that your dad didn't get you caught up in a serious legal matter by turning the power off. If the dude is a minoirty you will be in serious trouble while they scream discrimination so hopefully that's not the case. That one move may have given the Tennant an upper hand in reasoning why he quit paying you rent. With no contract, it's your word vs his and if he had competent legal representation he could make this very miserable for you.
As others have said, quit referring to it as owner finance and refer to him as a Tennant.
On a side note, that dude should say he's gay and you only did this to him because of his sexual preference.
You need to start the eviction process and find a competent attorney to handle it for you. You need to start documenting daily or weekly at least the exterior of the house and it's condition if you have no access to the interior. If the guy destroyed the house then enjoy carrying a judgement against someone who will never pay it up and tying the property up in legal limbo while you pursue legal relief from this.
You also better hope that your dad didn't get you caught up in a serious legal matter by turning the power off. If the dude is a minoirty you will be in serious trouble while they scream discrimination so hopefully that's not the case. That one move may have given the Tennant an upper hand in reasoning why he quit paying you rent. With no contract, it's your word vs his and if he had competent legal representation he could make this very miserable for you.
As others have said, quit referring to it as owner finance and refer to him as a Tennant.
On a side note, that dude should say he's gay and you only did this to him because of his sexual preference.
Posted on 9/5/19 at 4:32 pm to I Love Bama
Is shooting hm and coming back after the rats eat him an option?
Posted on 9/5/19 at 5:39 pm to CoachChappy
quote:
Delete this thread. Go home, shoot him. Call the police and say you came home to an intruder who attacked you.
Problem solved.
I'm sort of thinking this is your best option. Don't shoot him in the back though.
Posted on 9/5/19 at 8:14 pm to I Love Bama
"No paperwork was ever signed."
Eh Las Bas.........
Eh Las Bas.........
Posted on 9/5/19 at 9:27 pm to ItzMe1972
Gonna be one hell of a meth lab in that house
Posted on 9/5/19 at 9:45 pm to nolaks
quote:
Anxious to see how this plays into future active vs passive income threads.
man, this has nothing to do with active versus passive, stocks versus bonds versus commodities, versus real estate,versus tax liens,versus private lending, etc.
this has to do with PURE dumbfrickery by the OP. he fricked up baaaaaaaaaaaaaaaaad. real baaaaaaaaaad
almost like letting his neighbor who is on disability and just returned from dragon con in atlanta and wanted a new hobby, do some forex day trading for him until shite went bad.
OP? WTF WERE YOU THINKING MAN? NO PAPERWORK? DO NOT DO OWNER FINANCING IF YOU DO NOT KNOW WTF U ARE DOING! you should know better!
i have had to evict two people and it went smooth as silk with my PM and attorney team especially in a landlord friendly state. went fast. low cost.
stout pretty much summed it up. nothing else to say.
This post was edited on 9/5/19 at 9:48 pm
Posted on 9/6/19 at 6:07 am to stout
quote:
I have given you shite over the years that you have given horrible RE advice on here
Can you give an example of bad advice I have given? I'm pretty open and honest about my wins and as can be seen here my losses.
Real Estate allowed me to "retire" before the age of 35 and has been the focus of my educational pursuits for the last 20 years so I feel confident in sharing my "horrible advice" to help others.
You are still just as pompous, arrogant and miserable as ever, Stout. Don't change.
Posted on 9/6/19 at 6:08 am to Fat Bastard
quote:
this has to do with PURE dumbfrickery by the OP. he fricked up baaaaaaaaaaaaaaaaad. real baaaaaaaaaad
100%.
Got way too comfortable and lazy. Lesson learned.
Posted on 9/6/19 at 6:19 am to I Love Bama
quote:
No. Nice house.
You don’t buy nice houses c’mon man. I’m not hating on what you do, there is an absolute market for it, but you know the way you operate you’re going to run into this more than most RE guys here.
Get a lawyer, do this one by the book.
Posted on 9/6/19 at 7:17 am to ItNeverRains
I'm happy to share a picture but I don't know how it would add value to the conversation.
What is nice to me may not be nice to you.
As mentioned, I already have a lawyer but looking for out of the box ideas. Today I am writing the guy a check for $4,000.
What is nice to me may not be nice to you.
As mentioned, I already have a lawyer but looking for out of the box ideas. Today I am writing the guy a check for $4,000.
Posted on 9/6/19 at 7:24 am to I Love Bama
quote:
As mentioned, I already have a lawyer but looking for out of the box ideas. Today I am writing the guy a check for $4,000.
Why? That’s what your lawyer said to do? Has the Tenent agreed to vacate the premises?
Like I said earlier, try to talk to the Tenent in person. Offer the Tenent like $1500 or $2000 to leave. Unless it’s too late. There’s no reason to spend $4,000 if you can get them to leave for half.
Posted on 9/6/19 at 7:56 am to baldona
This guy has already been verbally abusive with my 70 year old father and "will ruin our reputation in the area" if we don't pay him.
He isn't going to cooperate.
Hopefully some learn of this and don't frick up like I did.
He isn't going to cooperate.
Hopefully some learn of this and don't frick up like I did.
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