Thread: Rental Issue

Originally Posted by Jholden

$500/ Month x 3
$5/Day late fee x 90
$100 cleaning fee
$50/ Late payment x 3

Plus i refunded the month the fire happened since it was the 15th of the month.

So about $2300, but if it comes down to it ya know a mistake is a mistake. This is why i typically dont get involved with family or friends cause everyone at the end of the day is a heartless write-off.

Well, in real dollars, the late fees and late payment is not really a loss of income. It is a cash grab to get a little bit money in your pocket. In real dollars you're losing $1600.

A lesson: never give back money to a tenant. Always use it towards something else that they owe you such as next month's rent.

Also, you'll probaby need to go to the housing tribunal and make a case of it. Then you probably need to take it to a small claims court. Or you could hire a lawyer but you'll pay him/her 30%.

If I were you id just take the loss and move on. I'd concentrate on the next tenant and not making the same mistake. It may sound like a terrible idea but think about how much time you'll waste on this. for how much time you'd waste and how much effort it will cause you, you might want to just write it as a loss, reduce your income, pay less income tax and move on to the next tenant.

Sounds harsh but that's what id do. This is a business, run it like one. Sometimes you win and sometimes you lose. Take it, don't take it personal. (well, other than the fact that your ex-friend screwed you over)

Originally Posted by Jholden

Ill see if i can find it and send it over, but correct me if i am wrong i have a stipulation that this contract can be modified at any time. Written notice of change of address would constitute a change to the contract thus extending it?

The lease is with the property that she lived in originally, when the fire occurred and she moved out of it, that terminated the lease. When you put her up in the hotel and then moved her into the another unit, there was no contract with the new unit unless you had her sign a new lease, they do not carry over. I would be curious to see the clause that lets you modify the contract at anytime, unless if you modifying the contract allowed her the option to terminate the contract. Also can you elaborate by what you mean with written notice of change of address would constitute a change to the contract thus extending it?

So here is the contract took me awhile got to busy. But at one section it says as long as written notice was given change can be made.

Honestly, you're pretty lucky. I know you think you got screwed, and yeah it sucks, but it could've been way worse.

Originally Posted by akiruno

You really put yourself out there: no new contract plus you've been with your tenant…what happens if she gets wise and gets herself a lawyer? Future, you may consider hiring a Property Manager.

...is right. I don't know what state you're in, but CT is extraordinarily pro-tenant and landlords are put through the ringer. Without a lease, she could've stayed in the unit without paying, and you'd have no recourse except court. Lockout laws not only prevent you from throwing her out, but will land you in jail for doing so. Plus, given your 'relationship' with her, she could make all kinds of wild claims. Security deposits can't be used to recoup back rent in many states (again, here in CT), and usually require detailed proof of damages, AND actual repair costs/estimates. ALWAYS do a walk-through with new tenants, and have them sign a property condition report on day one and when they move out. Also, require via the lease that any damage is reported immediately.

Yea i have one but for this didn't feel the need, young learning mistake. I thought about if she were to seek legal counsel. She would end up at a loss even if she won since she would have to pay there services.

Ummm...no. She would likely also be awarded attorney's fees too. Again, depending on your area, the last place you want to be with a tenant is court. And if you learn anything, it should be rules 1, 2 and 3: don't bang your tenants. This is ultimately the result.

Written notice of change of address would constitute a change to the contract thus extending it?

Not unless she signed it.

You have a nice little crop of rentals...Consider yourself lucky, be glad she's out, learn from your missteps and move on.

Good luck