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#1
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Bad Tenants
We've been thinking of renting our current home rather than selling in this
down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. |
#2
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Bad Tenants
On Feb 1, 9:14*am, "Robert Green" wrote:
We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. *Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. *Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? *How do you prevent them from completely trashing the place on their way out? *I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. *While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. Credit checks cost a little money but can help eliminate bad apples. Actually talking to the previous landlord is important also. They may be reluctant to say anything bad about tenants but you mignt learn something. It is better to leave the place empty for a month or two rather than just grabbing money from the first person who comes along. Beware of people who talk too much or tell you lots of stuff that has nothing to do with your problem. They are often blowing smoke as a distraction. |
#3
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Bad Tenants
On 2/1/2011 9:14 AM, Robert Green wrote:
We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. Might help to talk to the sheriff, or whomever does evictions...may know some loopholes, history. Check the local codes for rentals. Get a good application that requires job and housing history and take a personal look at where they have lived. Gotta be careful of stuff that implies discrimination, as that can include family size or ages of kids. Lease sometimes can limit number of people who reside, as can some building codes. If you have a network of friends or church members, they might steer reliable applicants. Attorney advice? Advertised as being worthwhile, but I am a doubter ) Just doing a google search on a name sometimes turns up news of arrests or suits. |
#4
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Bad Tenants
"Robert Green" wrote in message ... We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. For the reasons you fear, I had decided a few years ago against buying some rental property. From my experience, with other people's rental properties, you have two ends of the spectrum. You have low end sec 8 low lifes trashing your property, or you have high end legally savvy dirt bags living in the place rent free while you spend piles of money on lawyers trying to evict them. I think that in a lot of the more "liberal" states, the laws are designed to protect the offender and few to protect the evil, greedy landlord, so my best advice would be to find tenants via friends in the real estate business who are willing to "illegally" screen them for you. |
#5
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Bad Tenants
On Feb 1, 9:14*am, "Robert Green" wrote:
We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. *Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. *Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? *How do you prevent them from completely trashing the place on their way out? *I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. *While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. Robert: Here is a question that you will probably not be able to answer: What jurisdiction was that case you saw on People's Court from? Different laws apply in different states -- People's Court takes cases from ALL over the place... Now to address your specific concerns within the law: Nothing REQUIRES you to accept Section 8 housing vouchers, if it concerns you so much don't accept that as a form of rental payment and then the situation you saw on that TV show won't apply to you... You should have your home thoroughly inspected by the local AHJ for any violations prior to ever even inviting potential tenants over to view the place... Address any deficiencies listed on the inspector's report... Then have a re-inspection done where you are given a clean bill of health which you would keep on file in the event of any future disputes... (it isn't a bad idea to have the rental unit reinspected by the AHJ between every new tenancy...) Then you will document EVERYTHING about the house by taking pictures with a camera that uses film... Make sure that the camera prints the date in the exposure... These pictures will be used if there is a dispute between you and your first tenant about the condition of things at a later date... (You will need to do this before every new tenancy and be sure to keep the pictures and negatives in case you need to use them later on in a dispute...) Periodic inspections during the tenancy will alert you to damages being done by the tenant which can either be addressed at once if a code compliance issue, or you could confront the tenant at the end of one lease year about the damages... At any rate, never extend a lease from one year to the next without bringing in an independent inspection firm to go through a house you are renting and getting a report from them on the condition of the home... Effect any repairs that are necessities -- again have it reinspected so that you have a piece of paper created by a 3rd party which states your home is in good condition... Now damages done to your property by people who checked out through your background and credit check process can be addressed by having a thoroughly and well thought out lease contract which is reviewed by a licensed lawyer in your state prior to ever putting a tenant's name on it... Then it is a very good idea to have the lease signed in the presence of a notary public rather than having "witnesses" sign... A notary records the identification information in their log book of every person whose signature they officiate -- that is a non-interested 3rd party record which could be subpoenaed in the event of a later dispute... The terms of your lease should describe the premises being rented, the amenities offered, the responsibilities of the tenants and any rules they must follow (this should include complying with the minimum cleanliness standards that your local health department requires as well as not storing extra disabled cars on your property, etc...) and the process which must be followed by the tenant to report some sort of malfunction or failure of some aspect of the rental unit which would impact its habitability... You must learn and follow the eviction procedures for your jurisdiction... Having the lawyer who consults on the legality and specific verbiage of your lease contract can instruct you on that process... It begins with an official demand letter which is served upon your tenant by a constable who will certify that it was delivered and return a sworn statement to that effect stating that the tenant is x-number of days delinquent in payment of rent... It is important to initiate this action no later than 15 days after non-payment of rent and to keep sending new notices for every month the tenant is in non-payment since after you have your tenant served with a "notice to quit" (the precursor to an eviction process) it can take three to six months depending on how busy your local housing courts are to file an eviction proceeding against your tenant and obtain a judgment against them which can be enforced by the constable/sheriff who can physically remove the tenant and the tenant's possessions from your property after the court grants an eviction... All of this sort of stuff costs money, but you need to protect yourself and your property... Cases in civil court are won or lost by evidence (documentation) and the better your evidence (from disinterested 3rd parties) the more persuasive it can be... DO NOT EVER RELY on your word against the tenants -- that hardly ever works out in totality for one side or the other... If you feel you do not possess the skills to be a landlord, find a property management company who will act in your place on this issue and grant them a power of attorney to act on your behalf (especially if you are going to be moving far enough away so that you can not report to the property in a period of a few hours to approve expensive emergency repairs and then inspect them as they are being completed or just after they were completed) as many things must be done and that 3rd party (property manager) needs to be able to enter into contracts and order services on your behalf in order to properly operate your rental unit... It all boils down to CYA and knowing what your legal responsibilities are as a landlord under the law in your area... If you are not sure as to either of those things don't rent any property until you have learned what you need to do... Otherwise it will bite you on your ass later on HARD and you could be out a lot of money or end up with a useless damaged rental unit which requires very expensive repairs in order to be in a rentable condition... ~~ Evan |
#6
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Bad Tenants
"Robert Green" wrote in message ... We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. There's not really a hell of a lot you can do, and it depends on the locality, so you may be better or worse. If a person even has one piece of mail addressed to them at an address, they have proof of legal tenancy even if they are not on the lease. It then becomes a legal matter, and that process is lengthy and costly. I own vacation rentals, and the laws are a little better, but not too much. What I did with one was to pull the AC breaker, claiming it was inoperative and that I didn't have the money to pay to have it fixed, and they left without trashing the place. We get $1,000 deposit, so have a little leverage. A house has to be habitable, and that is the responsibility of the owner, but who knows how long repairs take. It is purely a civil matter, so the police won't do anything. And if they take you to court because there isn't any water or heat, you can counter that they aren't paying rent so you have the money to fix it. And if they aren't paying rent, what are you going to lose? If the house is nice, in a nice neighborhood, or close to business or conventions or other attractions, you may want to consider it as a vacation rental. You get a month's mortgage or more for a week's stay. Contact me if you need further information. Steve |
#7
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Bad Tenants
On Tue, 1 Feb 2011 09:14:55 -0500, "Robert Green"
wrote Re Bad Tenants: How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? In liberal cities/states like San Francisco, NYC, Chicago you can't prevent them from trashing the place and living rent free. The answer is as simple as that. Unless you have a lot of rental units so that your "good" units can carry the "bad" ones for a couple of years, you take a bad hit. I've seen it several times. Bottom line: stay were you are until you can sell the house. -- Work is the curse of the drinking class. |
#8
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Bad Tenants
clipped
conventions or other attractions, you may want to consider it as a vacation rental. You get a month's mortgage or more for a week's stay. Contact me if you need further information. Steve We had short-term renters in our beach-area neighborhood in Florida...great for college kids to gang up and drink for a week. It was violation of local code, but was not enforced. Great way to **** off the neighbors. |
#9
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Bad Tenants
On 2/1/2011 9:14 AM, Robert Green wrote:
We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Sure, and you can turn on the evening entertainment and news program and see houses burned to the ground. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. Don't rent to section 8 tenants. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I would say you are overthinking this. Millions of folks rent properties without issues. Use common sense and rent to folks you can check out. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. |
#10
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Bad Tenants
wrote in message ... clipped conventions or other attractions, you may want to consider it as a vacation rental. You get a month's mortgage or more for a week's stay. Contact me if you need further information. Steve We had short-term renters in our beach-area neighborhood in Florida...great for college kids to gang up and drink for a week. It was violation of local code, but was not enforced. Great way to **** off the neighbors. So, were they there on business, or for a convention? Duh. Steve |
#11
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Bad Tenants
"George" wrote Don't rent to section 8 tenants. That can buy you a boatload of new problems with the feds. Steve |
#12
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Bad Tenants
On Feb 1, 8:14*am, "Robert Green" wrote:
We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. *Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. *Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? *How do you prevent them from completely trashing the place on their way out? *I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. *While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. What kind of area is it, what are the people like. I rent apartments everyday, your area determines what you get. But I demand married couples, both work, no smoking and refrences. Houses are hard to rent because of cost. |
#13
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Bad Tenants
On Tue, 1 Feb 2011 12:24:11 -0800, "Steve B"
wrote Re Bad Tenants: "George" wrote Don't rent to section 8 tenants. That can buy you a boatload of new problems with the feds. Another good reason to avoid doing residential rentals. If you really feel compelled to get into real estate do commercial. -- Work is the curse of the drinking class. |
#14
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Bad Tenants
Robert Green wrote:
We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). Bummer. I rented out my house to the Consul General of the Dominican Republic. One Saturday, I get a call at 7:00 a.m. "Mr Spitwheetle?" "Um, yes." "This is Senora Pedro. I wanted to tell you the fire, she is out." "Fire?" "Si, but there was mucho smoke." "Smoke?" "And der is zee hole in zee roof." "HOLE?" "We appreciate it fixed soon like." "IN THE ROOF?!" "Gracias. Good bye." (click) ..... ****ers kept a vat of boiling oil on the stove in case they wanted a tasty snack - like a banana. The crap caught fire and the exhaust fan flame-throwered it to the roof! Oh well. I eventually sold the house to a hippie who decided to commit suicide via the gas log-lighter and a garden hose snaked to the bedroom. He woke up a few hours later and decided to light a joint. ----- Anyway... I see ads on Craigslist for people moving out of a home the don't or no longer own selling everything that can be removed with a screwdriver: doors, toilets, dishwasher, etc. If the eviction procedures are too cumbersome or tenant-friendly in your jurisdiction, you may have to resort to extra-legal or quasi-legal maneuvers. * Are any of the utilities in your name? If so dig up the water service (or whatever) under the guise of "enhancing" or "replacing" it. Take your time. * Repaint the kitchen while they're there. Repaint the bedroom. Leave the drop-cloths at home. * Wait until they've gone for the day (weekend would be better). Unlock the door. Put an ad on CL (using a beard to post it from the local library - they have cameras): "Had to leave the state 'cause my ex-wife is after me. Everything in the house if free! 1111 Main Street. First come, first serve!" * Send 'em a gift for being such nice tenants. A fire truck at 3:00 a.m. is appropriate. Use a disposable cell phone (like the other terrorists). * Can you collect (or buy) a LOT of field mice? * Can you squirt Lock-Tite in the door locks? (Goddamn neighborhood kids, always pranking somebody!) The above should get you started. If you need more suggestions, don't hesitate to ask. |
#15
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Bad Tenants
On 2/1/2011 3:24 PM, Steve B wrote:
wrote Don't rent to section 8 tenants. That can buy you a boatload of new problems with the feds. Steve Understood, but knowing a place welcomes section 8 drives away other potential tenants. Most landlords don't TRY to get section 8 tenants (unless they haven't been burned yet), but if the complex or houses are starting to show their age, section 8 soon becomes their bread and butter. Standard disclaimer- not all section 8 tenants are bad. Some are merely going through a rough patch, and don't throw wild parties, shack up with drug dealers, and trash the place. An actual married couple is usually pretty safe, if both have jobs. -- aem sends... |
#16
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Bad Tenants
"Robert Green" wrote in message ... We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. I don't do section 8. If they don't pay their rent it takes 23 days to get them out. If they are paying and I don't want them there anymore it takes 33 days to get them out. Here you simply serve them with a notice to pay or vacate or a notice to vacate. The judge does the rest. There are no valid reasons for not paying your rent. The judge doesn't even listen to the excuses. Colbyt |
#17
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Bad Tenants
wrote in message
m... On 2/1/2011 9:14 AM, Robert Green wrote: We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. Might help to talk to the sheriff, or whomever does evictions...may know some loopholes, history. Check the local codes for rentals. Get a good application that requires job and housing history and take a personal look at where they have lived. Gotta be careful of stuff that implies discrimination, as that can include family size or ages of kids. Lease sometimes can limit number of people who reside, as can some building codes. If you have a network of friends or church members, they might steer reliable applicants. Attorney advice? Advertised as being worthwhile, but I am a doubter ) Just doing a google search on a name sometimes turns up news of arrests or suits. That's a good idea, although I wonder in this day and age if asking the sheriff any questions doesn't get you into some damn terrorist database! We are in a college town and have very strict limits on the number of unrelated family members living together as well as many other things. One very bad thing is that code violations are charged to the property and I can get stuck with some pretty hefty fees if I don't get timely notices. I've started talking to a neighbor who's rented out her house on occasion and she's been burned repeatedly by renters who know how to use the strict rules as a club. Her advice is very much like yours - learn all the shall nots, will nots and can nots and make sure you account for them in the lease. The ways she got burned pretty much parallel all of the tricks I've seen pulled on the various TV court (arbitration, really) shows. Today there was another one. A Section 8 renter claimed that broken windows, punched doors and dirty carpets were "like that" when she got the place. That state (NJ, IIRC) had strict time and format limits (and fines) for landlords who withheld damage deposits. Fortunately, although neither side had meaningful photos, the landlord had a Section 8 property pre-rental inspection report that found those items to be new (she had receipts for new carpeting) so the judge threw the deadbeat tenant out. Well, forewarned is forearmed. Lots of research to do. Maybe even spend a day at the courthouse when they are hearing evictions. That could scare me straight into leaving the house vacant while we tour the retirement areas of the country. We really want to be in a natural disaster free zone, having had a lifetime's share of hurricanes, floods and most recently, tornadoes and earthquakes. At some point, rebuilding your life from scratch loses its novelty value. )-" With all these drastic changes in the weather, it's hard to say where the best places to live are anymore. -- Bobby G. |
#18
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Bad Tenants
"RBM" wrote in message
... "Robert Green" wrote in message ... We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. For the reasons you fear, I had decided a few years ago against buying some rental property. From my experience, with other people's rental properties, you have two ends of the spectrum. You have low end sec 8 low lifes trashing your property, or you have high end legally savvy dirt bags living in the place rent free while you spend piles of money on lawyers trying to evict them. I think that in a lot of the more "liberal" states, the laws are designed to protect the offender and few to protect the evil, greedy landlord, so my best advice would be to find tenants via friends in the real estate business who are willing to "illegally" screen them for you. You raise a good point. On the daily court shows, there seems to be exactly the two ends of the spectrum you describe. There's also a third class - the honest beef about what wear and tear is worth. I've yet to see a landlord and tenant agree on that. The worst ones are those that know they can do a hell of a lot of damage that they can never be held accountable for. I want to try hard to eliminate them from the candidate pool and failing that, have some sort of way to feed 100,000 bees into the heating system by remote control and force them out! From what I see, it's pretty painful to have to pay the mortgage for a bunch of deadbeats who are destroying the property while they game the system. Leads a lot of landlords to engage in illegal self-help. There has to be some sort of legal "self-help" that works. What if the place becomes condemned and the local government then is in the role of forcing them out? It just seems so bizarre that so many people seem to be able to get away with freeloading. Apparently a foreclosure notice of any kind seems to be a "rent no longer required" notice to some tenants, even if it was placed there in error. -- Bobby G. |
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Bad Tenants
On Tue, 1 Feb 2011 21:55:34 -0500, "Robert Green"
wrote: I was thinking of something remote controlled, like a kill switch for the furnace or something similar. Something that would make staying in the home, not paying rent unpalatable. Would it make sense to keep the utilities in our name and pass them through so that we could cut them off, or does cutting off a deadbeat's electricity boomerang back on the landlord? Put all utilities in the tenant name. If they go all stupid, don't spend a bunch of money of ways to get them out. Just take the front door off, frame and all. Explain you have to order a custom made Mahogany door from Belize. |
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Bad Tenants
In article , Oren wrote:
On Tue, 1 Feb 2011 21:55:34 -0500, "Robert Green" wrote: I was thinking of something remote controlled, like a kill switch for the furnace or something similar. Something that would make staying in the home, not paying rent unpalatable. Would it make sense to keep the utilities in our name and pass them through so that we could cut them off, or does cutting off a deadbeat's electricity boomerang back on the landlord? Put all utilities in the tenant name. If they go all stupid, don't spend a bunch of money of ways to get them out. Just take the front door off, frame and all. Explain you have to order a custom made Mahogany door from Belize. How about if utilities are in landlord's name and the lease specifies that utilities are responsibility of the landlord? Oops, the furnace had a transformer burn out about a week into January, and the replacement one has a "lead time" of 2 weeks or a month. Preferably, the lease specifies that the tenant is not allowed to perform modifications and repairs to items regulated by building or housing-unit-rental codes. (my words). Furthermore, I have seen leases requiring that tenant must not use a heat source other than landlord-provided heating system for home heating. My experience in delivery jobs suggests to me that problem tenants disproportionately tend to have a problem with indoor temperature lower than 70's F. -- - Don Klipstein ) |
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Bad Tenants
"Caesar Romano" wrote in message ... On Tue, 1 Feb 2011 12:24:11 -0800, "Steve B" wrote Re Bad Tenants: "George" wrote Don't rent to section 8 tenants. That can buy you a boatload of new problems with the feds. Another good reason to avoid doing residential rentals. If you really feel compelled to get into real estate do commercial. -- Work is the curse of the drinking class. I guess vacation rentals is a form of commercial real estate. It definitely pays good. Steve Heart surgery pending? Read up and prepare. Learn how to care for a friend. Download the book. http://cabgbypasssurgery.com |
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Bad Tenants
On Feb 1, 9:14*am, "Robert Green" wrote:
We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. *Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. *Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? *How do you prevent them from completely trashing the place on their way out? *I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. *While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. As a code enforcement officer, I suggest to owners that the rental contract identify them (the owner or representative) as the responsible party for the replacement of the HVAC filter. And that they be very clear about that and the other elements of the contract at rental time. On a certain day of the month, at a specific time, the filter will be changed by the owner. (15th of the month, at 7PM). Tenants can be there if they want. And even though checking the smoke detector function is a tenant responsibility, I suggest doing that at the same time as the filter, and being very obvious about the monthly documentation. Satisfies Landlord-Tenant law, and puts the owner/representative in the unit for a condition awareness once a month. And if a prospective tenant balks at the very idea of you doing it instead of them (I have seen incredibly dirty filters), you can count that you may have just dodged that one. Also, be very wary of people that are ready/willing/having to move in months of bad weather. And even if you don't live there, you are still a neighbor. Several owners in my assignment area have a small sign, like twice the size of a business card, on the storm door facing out. That says "If anyone sees problems with grass, trash, or vehicles at this property, call Property Manager at........." If a neighbor knows that the owner is able to be contacted instead of trying to ignore all issues but collecting the rent, my agency is less likely to be getting the complaint. Just suggesting. as |
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Bad Tenants
clipped
Well, forewarned is forearmed. Lots of research to do. Maybe even spend a day at the courthouse when they are hearing evictions. That could scare me straight into leaving the house vacant while we tour the retirement areas of the country. We really want to be in a natural disaster free zone, having had a lifetime's share of hurricanes, floods and most recently, tornadoes and earthquakes. At some point, rebuilding your life from scratch loses its novelty value. )-" With all these drastic changes in the weather, it's hard to say where the best places to live are anymore. -- Bobby G. Don't know where you will find an area free of natural disasters...if there is one, then man-made disasters probably make up for what nature missed ) My neighborhood in Florida was largely retirees, of course. When the old folks die off, they tend to be replaced by rather useless children...kids who live off parents tend to jump into inherited property, as opposed to kids who have their own stable life. I guessed that 80% of my neighbors had alcohol and/or drug problems. Numerous trust-fund babies. I have no problem with folks having wealth, but there is a definite group of utterly worthless people who have always lived off their parents and have never made their own way...so, a fancy address doesn't mean they haven't had multiple DUI's (lawyered-up, thanks to mommy and daddy), drug use/selling, etc. Prescription drug use was epidemic, and I believe the county had two or three hundred deaths last year from rx drug od's. I wouldn't buy property anywhere in Florida nowadays. There are still plenty of snow-birds who own condos that are rarely used or are rented short-time...condos with non-resident owners are hell-holes because managing is "not my job". I moved back to Indiana, and there are some great buys...have looked at a couple of old homes with really great bones that need to be updated. Also lots of small, starter homes. All foreclosures or HUD owned. Just had news of another local layoff of 200 or more people from one of the larger employers, so things aren't fixed yet. I think employment and housing ref's would be very important, and then trust you gut. I'm thinking if one advertises a rental that it must include that requirement to help avoid discrimination nonsense. |
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Bad Tenants
Robert Green wrote the following:
We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. I've read all the other responses. The one thing I would recommend is to get in touch with a real estate rental agency. Let them do the selection and take care of the rent collection. They take a percentage of the monthly rent that they set, so the higher the rent, the greater the percentage. You won't have to check on the house occasionally since the agent will do that too. Besides, they are up on the laws. -- Bill In Hamptonburgh, NY In the original Orange County. Est. 1683 To email, remove the double zeroes after @ |
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Bad Tenants
In article ,
"Robert Green" wrote: We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. Some random feedback, without having read the other responses: I am both a tenant and a landlord, and the idea that the tenant/landlord relationship must be adversarial is nonsense. Bad tenants are easy to find, so are good ones. I'm a fantastic tenant, and I've got great tenants. Nothing is on paper. Gentlemen don't need paper. You here the nightmare stories, because those are the ones that are supposedly noteworthy. What is your financial situation? (a question for you to ponder, not publicly answer) Around here, housesitting is common. Property owner gets a hyper-responsible person living in and watching over the house, and the sitter gets to pay his rent with something other than cash money. If you don't need the money, it's better than letting the house sit empty for extended periods. Another option, if you live in a city that attracts tourists or traveling businessmen, is the "vacation rental." Your place must be immaculate, but you'll get motel suite rates for it, making a "month's worth" of rent if you rent it out two weekends per month. You can sub-contract the management, cleaning, etc. to people or agencies that specialize in vacation rentals. |
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On 2/2/2011 9:28 AM, willshak wrote:
Robert Green wrote the following: We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. I've read all the other responses. The one thing I would recommend is to get in touch with a real estate rental agency. Let them do the selection and take care of the rent collection. They take a percentage of the monthly rent that they set, so the higher the rent, the greater the percentage. You won't have to check on the house occasionally since the agent will do that too. Besides, they are up on the laws. In Florida, realtors are starving...in our condo, they would rent to ANYONE. The one anyone was an alcoholic woman, with teen daughter, who brought home homeless people to drink with. She trashed a very nice condo..no money to sue her for. |
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On 2/2/2011 9:28 AM, willshak wrote:
Robert Green wrote the following: We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. I've read all the other responses. The one thing I would recommend is to get in touch with a real estate rental agency. Let them do the selection and take care of the rent collection. They take a percentage of the monthly rent that they set, so the higher the rent, the greater the percentage. You won't have to check on the house occasionally since the agent will do that too. Besides, they are up on the laws. Ask the percentage, before they start filling out the forms. Sometimes, market-dictated rent minus their cut, doesn't leave enough to pay the mortgage and insurance. All depends on how nice the house is, and how short the local rental property supply is for people who don't want to (or can't) buy their own place. I've known a couple people that did it anyway, out of desperation, and ended up selling the house cheaply a year later, because the place was still costing them money. IMHO, if you can't rent it out for at least, oh, 130% of your fixed expenses, you are better off selling and getting the loss over with (assuming you are not so upside down it would wipe you out, of course.) -- aem sends... |
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Bad Tenants
On 2/1/2011 8:14 AM, Robert Green wrote:
We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. You can hire a property management company to handle the rental for you, including dealing with evictions. They will tell you what processes they use to screen renters and show you sample rental agreements. If you'd rather not go that route, you should find some of the online forums for people who invest in and rent out rent properties, such as the SDCIA http://sdcia.websitetoolbox.com You can join these forums and get advice from experienced landlords. You will, of course, have to make background checks prospective renters, including credit, criminal histories, rental histories, references. Verify their current employment and income, and confirm their prior rental histories - call the landlord, don't just take the applicant's word for it. It's common for crooked types to give you a fake landlord, usually a friend of theirs - so check the property and confirm with the owner of record that the applicant really had rented from them. If you can, inspect their current home. If it's a dump, you know they'll treat your home the same way. Do a face-to-face interview and look for anything that raises flags, such as dilated or red eyes, track marks, lying about small things, changing their story, repeated protestations of honesty, failing to answer certain questions. Use your gut instincts. You won't catch them all, but you'll spot some of them. Put a clause in the agreement outlining who, and only who, is allowed to reside in the home. You don't want a situation where you discover too late that the couple who signed the lease turned it over to their spoiled kid and all his frat buddies, nor do you want lowlifes renting out every square yard in the house to their friends. If you do have to evict, a strategy suggested by several landlords is to bribe the tenant to leave asap. You and they know they can drag things out, and you don't want them to do any (additional) damage in the meantime. So you phrase it as a service to them: you gotta evict them, but you know it won't be easy for them to find a new place right away. You are willing to "help out" by paying them a relocation fee (usually two-three hundred bucks) to get their stuff out within 24 hours. You will meet them and pay them cash as they vacate. Lowlifes find it hard to resist cash. Don't get worked up about having to pay them to leave when the law's on your side; you have to view the bribe as a cost of business. You're protecting your property from (further) damage. |
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Bad Tenants
"Robert Green" wrote in message ... That could scare me straight into leaving the house vacant while we tour the retirement areas of the country. We really want to be in a natural disaster free zone, having had a lifetime's share of hurricanes, floods and most recently, tornadoes and earthquakes. At some point, rebuilding your life from scratch loses its novelty value. )- Let us know if you find someplace, my wife and I have been wondering where it might be. |
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"Robert Green" wrote in message ... We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Maybe talk to some property management companies and ask about their record of dealing with problem tenants. Using such a company will leave you with a smaller return on the property, but if they know what they're doing the security might be worth it. You could also look at putting the property under the control of something like a revocable trust or even form a LLC to own and rent the house, putting some insulation between you and potential problems. Or join an outlaw motorcycle gang, and make sure your tenants know it, just to discourage bad behavior. ;~) |
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On Feb 2, 9:13*am, "Robert Green" wrote:
Good advice. *Credit checks will be a must, but that just weeds out the already bad people, not the ones that are "ripening" on the vine. *(-: So true about distraction. * We're thinking of finding someone competent to do their own minor maintenance in exchange for a break on the rent, although there are plenty of good reasons not to do that . . . -- Bobby G. Right, the biggest reason to NOT ALLOW a tenant to do "minor maintenance" is because you are allowing that person to decide what gets maintained and how it will be repaired... Might get stuff fixed, but you will often find that the work might not be up to your standards... Too much liability with rentals if substandard work is done and causes a problem later on to not have fully licensed and insured trades workers doing repairs so you are making sure to CYA... ~~ Evan |
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"DGDevin" wrote in message
m... "Robert Green" wrote in message ... That could scare me straight into leaving the house vacant while we tour the retirement areas of the country. We really want to be in a natural disaster free zone, having had a lifetime's share of hurricanes, floods and most recently, tornadoes and earthquakes. At some point, rebuilding your life from scratch loses its novelty value. )- Let us know if you find someplace, my wife and I have been wondering where it might be. God, Mother Nature, Mexican drug cartels, criminal mismanagement and just plain entropy have all significantly shortened a lengthy list of places we talked about 20 years ago as being good places to retire. Aside from natural disasters, we would like to avoid a place that decides that retirees are now its only source of income and begins taxing them into poverty. That process is well underway in a number of places. )-: It won't be long until some corporate shill starts complaining that retirement savings are poison and are keeping the economy from growing by keeping money "locked up" and not "flowing freely." -- Bobby G. |
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"Oren" wrote in message
... On Tue, 1 Feb 2011 21:55:34 -0500, "Robert Green" wrote: I was thinking of something remote controlled, like a kill switch for the furnace or something similar. Something that would make staying in the home, not paying rent unpalatable. Would it make sense to keep the utilities in our name and pass them through so that we could cut them off, or does cutting off a deadbeat's electricity boomerang back on the landlord? Put all utilities in the tenant name. Yep, that seems to be the way to go for a number of reasons. If they go all stupid, don't spend a bunch of money of ways to get them out. Just take the front door off, frame and all. Explain you have to order a custom made Mahogany door from Belize. I suspect that would put me at risk for paying for all the mink stoles, flat screen TVs and bling the tenant would claim were stolen as a result of my doorectomy. Now if I cleverly planted a solenoid that would cause the door frame to fall free by remote control revealing carefully faked termite damage I could claim they had to leave while the house was being bombed. Nah - too much trouble. (-: -- Bobby G. |
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"Don Klipstein" wrote in message
... In article , Oren wrote: On Tue, 1 Feb 2011 21:55:34 -0500, "Robert Green" wrote: I was thinking of something remote controlled, like a kill switch for the furnace or something similar. Something that would make staying in the home, not paying rent unpalatable. Would it make sense to keep the utilities in our name and pass them through so that we could cut them off, or does cutting off a deadbeat's electricity boomerang back on the landlord? Put all utilities in the tenant name. If they go all stupid, don't spend a bunch of money of ways to get them out. Just take the front door off, frame and all. Explain you have to order a custom made Mahogany door from Belize. How about if utilities are in landlord's name and the lease specifies that utilities are responsibility of the landlord? Oops, the furnace had a transformer burn out about a week into January, and the replacement one has a "lead time" of 2 weeks or a month. Preferably, the lease specifies that the tenant is not allowed to perform modifications and repairs to items regulated by building or housing-unit-rental codes. (my words). It seems half the hard work of becoming a landlord is finding an air-tight lease that covers every contingency without being so long and onerous that no one would sign it. Fortunately, modern youngun's are used to signing thirty page legalese-infested contracts without reading them, so maybe I'll slide by. (-: Furthermore, I have seen leases requiring that tenant must not use a heat source other than landlord-provided heating system for home heating. That sounds like an excellent clause considering the sources of ignition my Dad used to find when he was doing forensic engineering work. We literate types don't realize that people without even a HS education don't know about a lot of the things we take for granted. Every year we have several fatal house fires and CO poisonings from just those "other" heat sources you note should be banned by contract. The problem, as I see it, is how does a remote (or even local) landlord know that the tenant has stopped paying his gas bill and is running kerosene heaters or even trash fires in a oil drum? My experience in delivery jobs suggests to me that problem tenants disproportionately tend to have a problem with indoor temperature lower than 70's F. A very interesting observation. -- Bobby G. |
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"Oren" wrote in message
... stuff snipped Cut the front door out with a HF sawzall. You can change minds of the tenants. You're joking, I am sure, but you did remind me of why I bought my first gun and moved from my first apartment. It was a 300 pound guy slamming himself against the front door, breaking a hinge, shouting out "I am going to GET you Joe!" (My name's not Joe, FWIW.) It took the police 30 minutes to respond as I wondered how long the door would hold. The next day I bought a ..380 Beretta I nicknamed "Sergeant." I suppose I could advertise via nym on Craigslist that I looked like Jennifer Lopez and I loved having simulated break-in sex . . . nah, that could backfire in any number of horrible ways . . . (-: -- Bobby G. |
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"Jeff Thies" wrote in message
... stuff snipped You can't do that. Don't tamper with electric or gas or water. I like cutting off the cable idea though. Also, non paying tenants will not move because of no heat or electric, they will call the housing authority. Yes, but they should be shooting themselves in the foot if the utility company itself shut off the gas and power. Then the house might be condemnable and the authorities would be responsible for getting them out. That's something I'll need to find out from the local authorities. What happens if the tenants "go dark?" (or dork, for that matter!) Don't let your tenants keep getting away with bad behaviour. If it violates your terms of lease, throw them out sooner than later. Once you cut them slack they will take advantage. Be nice, but very firm. I suppose that's true. It's a job that might call for being more of a hardass than I can be. I was once a renter and temporarily in some bad financial straits. I tend to be too sympathetic to sob stories. You may wish to find some company to manage the property for you. They know the ropes and since you will be far away, double so. Yes, it certainly might be good to start with a management company for the first year to see what the potential problems are and to learn the rental ropes. -- Bobby G. |
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Bad Tenants
"jim" wrote in message
news:31ae9b9a-b53e-4b98-99dd- stuff snipped I owned and rented a 2 apartment home in the GTA. The basement tenants complained of water dripping from the ceiling in the livingroom area. This was a constant issue for him - not a one off. Upon investigation the east indian family renting upstairs had a tarp on the floor, 2 swimming pools filled which contained rice patties. As well in one of the bedrooms there was what I can only consider to be a commercial deep fryer - no vent / ceiling driipping with grease. This rental agreement indicated 3 people (wife, husband and kid). In one bedroom there was a 3 three teir x 2 of hammocks. Soon after that I got out of the rental business. Is that Greater Toronto or Greater Tehran (two names suggested by Google!)? Wait, I see CA in your email addy so it must be Toronto. Seriously, though, when I first moved here there were 17 people in a similar house across the road. My house had been inhabited by a family with 11 kids (and ONE bathroom). We have strict limits on the number of occupants in the local housing because it's a college town. The landlord across the way said the toilet bowl kept coming loose from the floor because the tenants, from a third world country, would stand on the rim and squat when they used the toilet. Different cultural norms, I guess. When I was in college, I worked for the defunct Washington Star as a police reporter. I'd follow cops around with my scanner and camera. I got to see plenty of very low end living situations. I've seen bathtubs used as toilets, zoos with animal feces everywhere, needles, pools of vomit, dead animals, shrines of all sorts, collections of anything you can think of, refrigerators full of dead animals, newspapers stacked to the ceiling. One hoarder that was on the news recently required 7 trucks to carry away the possessions she had acquired over 20 years in one small house. Yes, renting your house is not for the faint of heart and it seems obvious now that inspections, whether monthly or more, are a necessary "smart move" to prevent the place from turning into a slice of Southeast Asia or worse. Thanks for your input! -- Bobby G. |
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Bad Tenants
"Evan" wrote in message
... On Feb 1, 9:14 am, "Robert Green" wrote: We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. Robert: Here is a question that you will probably not be able to answer: What jurisdiction was that case you saw on People's Court from? Actually, they always mention the location because, as you note, the laws concerning rentals vary wildly from state to state and city to city. This, IIRC, was in NJ. Different laws apply in different states -- People's Court takes cases from ALL over the place... Agreed. Now to address your specific concerns within the law: Nothing REQUIRES you to accept Section 8 housing vouchers, if it concerns you so much don't accept that as a form of rental payment and then the situation you saw on that TV show won't apply to you... Are you sure about that? I thought you could get charged with housing discrimination if you refuse a Section 8 rental. You should have your home thoroughly inspected by the local AHJ for any violations prior to ever even inviting potential tenants over to view the place... An excellent idea. This last case was decided in favor of the landlord BECAUSE the Section 8 law requires a pre-rental inspection by their inspectors. Those records indicated the windows were not broken and the rug was brand new and contradicted the lying tenant's assertions otherwise. An independent 3rd party inspection carried great weight with the judge. I assume it does with most judges/arbitrators. Address any deficiencies listed on the inspector's report... Then have a re-inspection done where you are given a clean bill of health which you would keep on file in the event of any future disputes... (it isn't a bad idea to have the rental unit reinspected by the AHJ between every new tenancy...) I've always relied on pictures and video to prove the condition of things I rented or borrowed. It seems like your method is a much greater guarantee of "acceptance" by a judge in landlord/tenant court. Good idea! Then you will document EVERYTHING about the house by taking pictures with a camera that uses film... Make sure that the camera prints the date in the exposure... These pictures will be used if there is a dispute between you and your first tenant about the condition of things at a later date... (You will need to do this before every new tenancy and be sure to keep the pictures and negatives in case you need to use them later on in a dispute...) I've always done this - with expensive rental tools, when I rented a POD storage unit (now outlawed by the local government!), etc. Cuts down on the "he said/she said" sort of disputes. On the People's Court case that started this ball rolling, the tenant had a few worthless pictures, but it was clear she had also adjusted the date between shots, documenting things that couldn't have happened on those dates. The judge managed to catch it, though. I wonder how many other judges would have. Periodic inspections during the tenancy will alert you to damages being done by the tenant which can either be addressed at once if a code compliance issue, or you could confront the tenant at the end of one lease year about the damages... At any rate, never extend a lease from one year to the next without bringing in an independent inspection firm to go through a house you are renting and getting a report from them on the condition of the home... Effect any repairs that are necessities -- again have it reinspected so that you have a piece of paper created by a 3rd party which states your home is in good condition... I think that's excellent advice, Evan. Thanks. Now damages done to your property by people who checked out through your background and credit check process can be addressed by having a thoroughly and well thought out lease contract which is reviewed by a licensed lawyer in your state prior to ever putting a tenant's name on it... Then it is a very good idea to have the lease signed in the presence of a notary public rather than having "witnesses" sign... A notary records the identification information in their log book of every person whose signature they officiate -- that is a non-interested 3rd party record which could be subpoenaed in the event of a later dispute... It's amazing the number of low-lifes who claim "I never signed that!" Another good idea. The terms of your lease should describe the premises being rented, the amenities offered, the responsibilities of the tenants and any rules they must follow (this should include complying with the minimum cleanliness standards that your local health department requires as well as not storing extra disabled cars on your property, etc...) and the process which must be followed by the tenant to report some sort of malfunction or failure of some aspect of the rental unit which would impact its habitability... Yes, finding the best lease might take a while. It's also why I might be tempted to go with a management company for the first year. You must learn and follow the eviction procedures for your jurisdiction... Having the lawyer who consults on the legality and specific verbiage of your lease contract can instruct you on that process... It begins with an official demand letter which is served upon your tenant by a constable who will certify that it was delivered and return a sworn statement to that effect stating that the tenant is x-number of days delinquent in payment of rent... It is important to initiate this action no later than 15 days after non-payment of rent and to keep sending new notices for every month the tenant is in non-payment since after you have your tenant served with a "notice to quit" (the precursor to an eviction process) it can take three to six months depending on how busy your local housing courts are to file an eviction proceeding against your tenant and obtain a judgment against them which can be enforced by the constable/sheriff who can physically remove the tenant and the tenant's possessions from your property after the court grants an eviction... Gack. The six months part I definitely DO NOT LIKE. I'll have to check in with the local housing folks to see how long it takes to get an average eviction and if they have any words of wisdom for me about protecting my rights. All of this sort of stuff costs money, but you need to protect yourself and your property... Cases in civil court are won or lost by evidence (documentation) and the better your evidence (from disinterested 3rd parties) the more persuasive it can be... DO NOT EVER RELY on your word against the tenants -- that hardly ever works out in totality for one side or the other... I did computer support for a big DC law firm for 10 years and my dad did forensic investigation work, If there's anything I know, it's how to make a civil case. Everything you've suggested is right on the mark! If you feel you do not possess the skills to be a landlord, find a property management company who will act in your place on this issue and grant them a power of attorney to act on your behalf (especially if you are going to be moving far enough away so that you can not report to the property in a period of a few hours to approve expensive emergency repairs and then inspect them as they are being completed or just after they were completed) as many things must be done and that 3rd party (property manager) needs to be able to enter into contracts and order services on your behalf in order to properly operate your rental unit... I have a very good and knowledgeable neighbor I can depend on for doing some of that. Fortunately, with electronic cameras and the net, you can get a detailed report from half a world away within minutes. There's certainly a lot to think about before becoming a landlord. It all boils down to CYA and knowing what your legal responsibilities are as a landlord under the law in your area... If you are not sure as to either of those things don't rent any property until you have learned what you need to do... Otherwise it will bite you on your ass later on HARD and you could be out a lot of money or end up with a useless damaged rental unit which requires very expensive repairs in order to be in a rentable condition... Something I profoundly wish to avoid! Thanks for all your input on this subject. It has been very educational. -- Bobby G. |
#40
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Bad Tenants
"Steve B" wrote in message
... "Robert Green" wrote in message ... We've been thinking of renting our current home rather than selling in this down market while we rent in some of the places we're thinking of retiring to. Unfortunately, movies like "Pacific Heights" where a bad tenant who knows all the tricks of staying in a place without paying rent, haunt us. Yesterday I saw a 'People's Court' episode where a deadbeat had managed to stay, rent-free, in a Section 8 rental for three years by using a loophole that says a tenant can't be evicted from Section 8 housing if there are code violations. Every time he was about to get evicted, he just broke something to forestall the eviction process, eventually plugging all the sinks with rags and flooding the place. How can you drive a bad tenant out from a rental in such situations? How do you prevent them from completely trashing the place on their way out? I know that tenants should be checked out thoroughly beforehand, but even so, people can have no record of evil behavior but still turn evil. While I'd probably NOT rent to any Section 8 tenants, I could easily see someone losing their job or some other such tragedy and so decide they wanted to live in my house rent-free for as long as they could get away with it. I'll entertain all solutions, even extra-legal ones (as long as I can implement them without getting caught!). -- Bobby G. There's not really a hell of a lot you can do, and it depends on the locality, so you may be better or worse. If a person even has one piece of mail addressed to them at an address, they have proof of legal tenancy even if they are not on the lease. Yes, in watching these cases play out on TV, it's clear that once a tenancy has been established, even tenuously, all sorts of "protections" for the tenant come into play. It then becomes a legal matter, and that process is lengthy and costly. I own vacation rentals, and the laws are a little better, but not too much. What I did with one was to pull the AC breaker, claiming it was inoperative and that I didn't have the money to pay to have it fixed, and they left without trashing the place. We get $1,000 deposit, so have a little leverage. Yes, I would assume the thought of losing $1,000 makes even the most determined house trasher stop and think whether it's worth it. The AC breaker idea is an interesting one, and since it's outside the house, I wouldn't have to enter to deactivate it. I'll keep that in mind. A house has to be habitable, and that is the responsibility of the owner, but who knows how long repairs take. It is purely a civil matter, so the police won't do anything. And if they take you to court because there isn't any water or heat, you can counter that they aren't paying rent so you have the money to fix it. And if they aren't paying rent, what are you going to lose? If the house is nice, in a nice neighborhood, or close to business or conventions or other attractions, you may want to consider it as a vacation rental. You get a month's mortgage or more for a week's stay. Contact me if you need further information. It's in Maryland, just outside of DC, so there's potential for vacation rentals as it's close to the Metrorail. Unfortunately, from what I've been able to tell from the County website, they are oriented toward tenant, not landlord, protection. It may turn out that the political climate is just so unfavorable to landlords that we'll either get a house sitter or leave it empty as we travel. -- Bobby G. |
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