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Any landlords here? I need advice...(long post)

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Any landlords here? I need advice...(long post)

Old 10-05-06, 11:44 PM
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Any landlords here? I need advice...(long post)

So the situation is this - I recently moved out of a condo which I decided to keep for a little while and to rent it while I hold onto it. So I put out an ad in early August and had a bunch of people come look at it. There was one couple who came from LA who decided to take it right away. Checked into their financials only superficially because previous rental history of the wife was solid and husband said he owned. They drive a $150K car (Mercedes) so I figured they'd be fine to pay.

Well, I get a check from the husband for the first month and a half (because the lease started in the middle of Aug) plus security and key deposits. He post dated it to the end of August because they were going to be out of town, but I didn't question it. I cashed the check and a week later, to my surprise, I find that it has bounced. So I text him to tell him and he apologizes and says he'll have it wired. Couple of days later (this was almost weeks ago), he texts me to tell me he's wired the money, no worries. Nothing comes into my account for the next week. So I then text him again. He says there was a problem with the wire, his banker will call me the next day to straighten it out for next month and that he will have a check on HIS doorstep the next day.

This apartment is on the other side of town and I'm mildly annoyed by this so I text him to say that I don't have the time to pick up the check and for him to send it to me. Last Sat, he tells me he sent the first payment via USPS Priority and it will arrive any day. Two days later, he texts me to tell me that the 2nd month check will be in HIS mailbox again and that I could pick it up later that night.

It's Thursday now and I have NOT received anything by mail, and I just got back from making a trip up there to get the check just to see if it would be there. Of course, it's NOT in there and he's not at home.

So what I want to know is when I should start looking for a lawyer (if one is even necessary to evict someone). How does one go about evicting someone if necessary? Any other suggestions for what I should do to try and get this guy to pay up? I'm rather pissed off at this point at all the time I've been wasting. So far, I haven't received a DIME from them. I've also e-mailed the wife who doesn't seem to have a clue as to what's going on and says I need to talk to her husband because he handles all the financials.

I've rented out apartments for years now and I've NEVER come across any situation like this. It boggles my mind that someone could be that irresponsible in making their payments. Keep in mind, we're talking about a high end apartment in an affluent part of town and the people renting are completely capable financially of making the payments.
Old 10-05-06, 11:59 PM
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Well that SUCKS... &

From what I understand (here in California anyway, so check your State Law to see what is applicable), we'd need to send them a 5 day notice to pay or quit, then if they don't pay within those five days you need to send them an unlawful detainer and charge them for any legal fees.

Oh, and don't take ANY OF THEIR CRAP!!!

(BTW: Tell them you want a Money Order, Cashiers Check, or a Bank Check.)

-Paul

Last edited by The Edit King; 10-06-06 at 12:05 AM.
Old 10-06-06, 12:04 AM
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It's a 3 day pay or quit premises notice, and most all of it varies by state. Run to Staples and you will find a packet in the legal paper section that has an eviction kit. I just use my lawyer every time. Costs me around $500. Do it yourself and it will cost around $150 if it goes all the way.

You have teh 3 day notice served by the cops, but that is only the start. Then you actually file papers with the court, serve him again, etc. etc. It isn't a short process.

Sorry man. If you can spring for the lawyer, do that and get on with life.
Old 10-06-06, 12:11 AM
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kvr: not worthy not worthy

(BTW: They probably lease the car...)

Gotta do that Due Diligence!

TEK!

Last edited by The Edit King; 10-06-06 at 12:37 AM.
Old 10-06-06, 12:34 AM
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Sorry, I'm not understanding the lingo. 3 day pay or quit? Does that mean after I serve notice, they have 3 days to make payment or they must leave the premises? I thought there was like 14 days for an eviction notice?

Also, if I do get them evicted, does that mean I will not get any of the rent? Is there any way for a judge or lawyer to make them pay even if I successfully evict them? Is there anything I can do to their credit as well or does evicting them already get reported to the credit agencies?

I don't have a lot of time so I probably would pony up for the lawyer. Besides, if I win, he needs to pay for the lawyer as well, no?

Edit King: I know better next time. I still think it's unlikely he leased though. He's from a very very wealthy family. More likely he just doesn't really care very much about paying. I'm hoping the eviction notice will finally get him off his ass. BTW, how does one go about checking someone else's credit history?
Old 10-06-06, 12:41 AM
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For more info check this out.

What about Equifax?

Best ask dave.

He's a TENANT TERMINATOR!!!

(...when he has to be.)

-Paul

Last edited by The Edit King; 10-06-06 at 02:21 AM.
Old 10-06-06, 12:43 AM
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Originally Posted by hahn
Sorry, I'm not understanding the lingo. 3 day pay or quit? Does that mean after I serve notice, they have 3 days to make payment or they must leave the premises? I thought there was like 14 days for an eviction notice?
That is just the first part of the process that then gets you to be able to file the unlawful detainer. They have 3 days to pay you or move out. But they won't move out. Based on what you have said, they know what they are doing. So after the 3 days is up, you file the unlawful detainer. This is all for WA, but I'll bet OR is similar...your lawyer will know.


Also, if I do get them evicted, does that mean I will not get any of the rent? Is there any way for a judge or lawyer to make them pay even if I successfully evict them? Is there anything I can do to their credit as well or does evicting them already get reported to the credit agencies?
You do not get to go for rent immediately. Your remedy is to either evict them or get the money you are owed. So first you must go through the eviction process, and then you can go for a judgement in court.

And eviction will show up on their credit report. As for getting the money from them after you get a judgement, it all depends. I have several judgements on people sitting in a file cabinet, and some day I just hope they try to buy a house, or car, etc. so that they have to take care of me before they can do what they want, and then I will make their lives hell. MUHAHAHAHAHA!

I don't have a lot of time so I probably would pony up for the lawyer. Besides, if I win, he needs to pay for the lawyer as well, no?
Sure, throw that on the judgement as well.

Ain't being a landlord fun. It always amuses me to see the threads about crappy landlords. We weren't born this way....tenants made us what we are today.

I use to go all the way through the process every time because of the principle of the matter. Then I found that it really didn't do much, so now I generally do whatever I have to to get them out without going to court (lots of bluffing), but it sounds like you have a pro.
Old 10-06-06, 06:25 AM
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Hahn, These people aren't irresponsible in their payments; the husband, at least, is seriously blowing some smoke up your ass. Start the eviction process, and be a goddam hardass about it. This jackball will really start the soft soap act the minute you hit him with the 3 day or quit. Be strong and give this ass exactly what he deserves.

p.s. I'll bet if you did check the credit history, you would find that the 150k Mercedes was actually a payments outstanding lease, probably from a dealership in LA.
Old 10-06-06, 08:14 AM
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get a lawyer to deal with your professional renters
Old 10-06-06, 08:31 AM
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The renters name is not Carter Hays is it???


Old 10-06-06, 11:59 PM
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If they deal drugs or other forms of illegal activity which are dangerous to the other residents, you can kick them out in 24hrs.
Old 10-07-06, 12:56 AM
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Originally Posted by DVD Polizei
If they deal drugs or other forms of illegal activity which are dangerous to the other residents, you can kick them out in 24hrs.
Is that an Oregon thing?
Old 10-07-06, 08:41 AM
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Originally Posted by kvrdave
Is that an Oregon thing?
Yeah, because according to Dave's posts, I thought the law in Washington was if you find someone dealing in Meth, you had to give them a thousand dollar loan.
Old 10-07-06, 10:08 AM
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Originally Posted by kvrdave
Is that an Oregon thing?
Yeah, but it should be in WA and many other states. For Oregon, it's ORS 90.364. Might check it out. Comes in handy.

This 24hr eviction includes, but is not limited to (I love saying that) substantial false information within the last year of the application.

So, for example, if you have someone who you know is a shady but is obviously using the laws in your state to float a few months of free rent, do some investigating in their criminal background and dig deeper. If there is something there which is NOT on the application which would have given you cause to NOT rent to them, in Oregon, you can give them 24hr notice.

These situations are known as "outrageous in the extreme". They must be more "extreme" than a typical 30-day eviction notice.

So, for hahn et al, check with your state about a similar law. Then go seek an attorney to draft the paperwork. I find most attorneys are idiots when it comes to "finding the appropriate legal response" and they don't know 1/10 of the law (don't mean to offend lawyers here but I've encountered enough of them in my state to write a book about incompetency). You have to tell them what to do for you. It also saves you money.

Last edited by DVD Polizei; 10-07-06 at 10:11 AM.
Old 10-07-06, 11:34 AM
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[hijack]

Sonicflood:

From Merriam-Webster online dictionary:

Main Entry: Re·al·tor
Pronunciation: 'rE(-&)l-t&r, -"tor, ÷'rE-l&-t&r also rE-'al-t&r
Function: collective mark
-- used for a real estate agent who is a member of the National Association of Realtors

[/hijack]

Carry on
Old 10-07-06, 03:16 PM
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Originally Posted by DVD Polizei
So, for hahn et al, check with your state about a similar law. Then go seek an attorney to draft the paperwork.
Hahn is in your state, so that might work out. I'll look around for WA, but I don't think we have that. It would come in quite handy.
Old 10-08-06, 03:13 AM
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Originally Posted by kvrdave
Hahn is in your state, so that might work out. I'll look around for WA, but I don't think we have that. It would come in quite handy.
Thanks for the tips dave and everyone else. I found a lawyer on friday who referred me to someone else who has more experience with real estate law. I'll call him on Monday morning. But I think I will also go into a police station on Monday morning and see if they can escort me to the apartment so I can see if there's even anyone living there. The lawyer I spoke to thinks it is a scam and that they may have done it to just rip off the appliances. She was worried for me that they may have trashed the place. She was also worried they may have turned the place into a meth lab. She said that they could have easily looked me up online and found out the high school I went to (which he claimed up front he went to also) in order to gain my trust and that anyone can open a checking account with $1 so it's quite easy to fake an identity.

What I got worried about is that they may have used the access to the building to steal from OTHER people. I don't know if this would be enough to convince the police to come with me or if they need a warrant. But I figure it's worth a shot. I'll let you know how it turns out. There's definitely something wrong at this point. I've heard NOTHING from him in spite of my leaving him messages that we need to talk.
Old 10-08-06, 10:25 AM
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Crazy stuff. Good luck tomorrow and hope things don't turn out as bad as they could.
Old 10-08-06, 12:17 PM
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Originally Posted by hahn
Thanks for the tips dave and everyone else. I found a lawyer on friday who referred me to someone else who has more experience with real estate law. I'll call him on Monday morning. But I think I will also go into a police station on Monday morning and see if they can escort me to the apartment so I can see if there's even anyone living there. The lawyer I spoke to thinks it is a scam and that they may have done it to just rip off the appliances. She was worried for me that they may have trashed the place. She was also worried they may have turned the place into a meth lab. She said that they could have easily looked me up online and found out the high school I went to (which he claimed up front he went to also) in order to gain my trust and that anyone can open a checking account with $1 so it's quite easy to fake an identity.

What I got worried about is that they may have used the access to the building to steal from OTHER people. I don't know if this would be enough to convince the police to come with me or if they need a warrant. But I figure it's worth a shot. I'll let you know how it turns out. There's definitely something wrong at this point. I've heard NOTHING from him in spite of my leaving him messages that we need to talk.
I would hope the PD would investigate. Meth and ID Theft are two of the highest problems in Oregon. Definitely get access to the place for sure. With or without cops. You need to find out how the place is. Because if the place is trashed or appliances are missing, that's an automatic 24hr eviction and you take it over. In fact, any reaspnable judge would let you take it over once you discovered the crime happened and/or the place was trashed. Because you're also dealing with other resident safety as well.

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