I am dealing with a deadbeat who can’t pay rent.
here is the case:
she complained there was roach problem in apartment and I ordered 2 pest control service, once a month, immediately upon receipt written requests. BTW, her unit was just like a trash dumpster, extremely dirty, no wonder she had roach problems. the prior landlord let her live in without any application!
then she couldn’t pay the Feb rents and I bring her to court for rent and possession. I just want her to leave.
Her monther called me and she told me the tenant’s father is an attorney. From her talking I can tell her father is an attorney and feel this is a professional tenant who take landlord as victim. They said they will pay the half month rents for the March and agree to move by the march 15th, but they will use the security deposit for Feb rent.
She said they will countersue, and said that the building was in “very bad condition” and full of roaches ! ( my pest control team told me the roaches has been controled coz we sprayed all building every 4 weeks!) and they said the building need to be condemned, demolished and rebuilt.
I am thinking if I should hire a lawyer to deal with this.
I wouldn’t get too excited. Being threatened with a lawsuit is a very frequent occurance for landlords. In my experience, they almost never sue - especially when they know that they are at fault. Being threatened with lawsuits is one of the many headaches that we deal with to earn our pay. (I don’t remember hearing that on any of those infomercials and have never heard that at a seminar).
Usually going hand-in-hand with a threatened lawsuit is the “S” word! You know what I mean - SLUMLORD. It doesn’t matter if the tenant brought in the roaches; if the tenant lives like a pig; if the tenant trashed the place; etc - as soon as the tenant decides not to pay, suddenly you are a SLUMLORD and the tenant is being forced to live in a slum!!! Ridiculous, but it happens all the time.
Fortunately, today is March 15th and therefore you’ll know TODAY if they’re going to move out or not. If she actually leaves AND gives you the keys, then hopefully you’ve only lost 2 weeks rent (you can use the security deposit for Feb.) If they pay you 2 weeks for March, all the better! If she doesn’t leave today, then definitely continue with the eviction. If they want to sue - let them!!! You can’t give in to extortion!
One word of caution - DON’T ACCEPT ANY RENT UNLESS THEY LEAVE AND GIVE YOU THE KEYS AND SIGN A RELEASE! Accepting partial rent (any rent) can nullify your eviction. You might have to start over with the eviction if you accept any rent. Many professional tenants know this and will use this as a way to live free with landlords that are less then knowledgeable. (never heard that on an infomercial or at a seminar)
If they do file a frivilous suit, contact the state bar association and file a complaint against the lawyer. If he’s in private practice, file a complaint with the Better Business Bureau. Be aggressive!
It is always important to take photos before and after.Keep all paper work from any thing you did for the property.I always have a house tented when I buy it.I pay around $600 for an 800sqft house.It is so worth it because it will kill everything.You can often extend a warrenty for $100 a year and they will retent once a year.I do my own yard work as well.Go when you know they will be home so you can get a peak at the house.You can put an inspection right clause in your lease if you’d like.Anyone can make false claims,just make sure you are protected if they do.
