A tenant entered my home in April. The security deposit is $1300. We agreed in writing on the lease agreement that she would pay installments to me for the security deposit. Rent is due on the 5th of each month then it is late.
June she paid late(25th) and not in full.
July %26amp; August she didn鈥檛 pay at all
We went to court and I won a judgment but I told the judge I would work with her instead of kicking her out (not a good move I know this now) She paid me some money but it didn鈥檛 cover the judgment at all of her back rent.
September she tried to pay me on the 25th (again not in full), I told her I would not accept it unless it was payment in full including the security deposit. I also received a letter stating that her section 8 had been terminated.
It is October and she has not paid me at all, so I started the eviction process and she has stopped it once again.
She is saying that she is going to sue me because I have not made any repairs. She is saying that there is mold in the house because I have not fix the heater/air conditioning unit, and that it is a health hazard and that I鈥檓 liable. I haven鈥檛 fixed anything because I have no security deposit money to take from and I鈥檝e been paying her portion of the mortgage for the last 4 months. She also said I鈥檓 going back on my word about payments on the security deposit.
My questions:
Did she breach our security deposit contract when she didn鈥檛 stopped making payments on it? Am I a slumlord, am I liable? Do I have to make repairs when I have no money? Will the judge be on my side when I tell him y I haven鈥檛 made repairs? Do I have to accept rent from her if she comes up with it?Will I ever get this woman out of my house??????
|||First off, the Judge will not be happy that once again you are in court with the same woman. Take it as a lesson, when you get a jugement, stick with it and kick them out. Yes, you are liable to still fix the things in the house even though you have no money, that is one of the downfalls of owning the property. The Judge will not be on your side about the repairs. You do have to accept the rent from her if she comes up with it but, you can still get her evicted for constantly being late. You will get her out of your house. Go to court, do the eviction and stick with it. Do not take her agreements any longer.|||your quite welcome, good luck with it..
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|||All non rent payers come up with the very old mold story!
Kick her out and do not fool with section 8.
Yes she is in a breach!
How can a section 8 person afford this or even get it approved is beyond me?
I no longer take it for the problems you are having.
If you are going to be a landlord, sorry nice guys always get used!
Also if she cannot pay her rent, how can she get a lawyer.
Old renters trick, always the old lawyer story.
Enforce your Judgment.
|||Gawd what a mess.
NEVER let anyone in who does not pay upfront.
She was a loser before you rented to her, you should have seen this coming.
If the heater really is broken and you really are not fixing it you are screwed. The law states you have to provide a heat source (not AC) and it does not matter if she has not paid you for a year.
Follow through with the eviction, make her prove the heater is broken, that you knew that it was broken and you took no action.
Sue for full damages, back rent and try to get Contempt of Court for the previous court order.
This will get her out of your house.....but you may never see a dime if the judge believes that you knew about the heater. Hopefully the judge will not believe her (good chance because he will see she is a scumbag).|||If sec 8 terminated then the lease is terminated. As for repairs have they notified you in writing that they are paying the rent into an escrow account set up at the court house until repairs are made? You do not have to accept rent from her however if you do accept payment since you restarted the eviction you will void out the latest eviction process and have to start over yet again. Soon as you get this tenant out be sure to take photos of the unit to document damages and whatever mess they leave behind so you have proof to charge them for repairs and follow through by reporting the final amount owed to the credit bureaus .|||Your renter is in the wrong and you will get the eviction. From your story, it sounds like you live in the house too. You, yourself, are proof that there is no mold problem. If there was, you would be sick too.
Don't listen to any of tenants BS. Sue her and get rid of her. If you live in a small community (versus a large city), you may want to just call the courthouse before your hearing and leave a message for the judge. It's possible, that since the judge has already heard the facts of the case and has already issued a monetary judgement (that your tenant has violated), he may be willing to just issue your writ of posession, without another hearing. Worst case scenario is that you go back to court to get it. Worth a shot.
In the future, I strongly recommend avoiding Section 8 Programs. They are a pain in the *** with the all the inspections and paperwork, plus you usually end up with less than desirable tenants.
(BTW - All other issues aside, you have a right to terminate her lease, simply because Section 8 terminaited her assistance payments).
Good Luck!
|||I've never been a landlord but have rented rooms out before and never had a problem.
I'm basically speaking for the renter.
If you rent a place, you go into it knowing you can pay the rent. Period. Those that do not keep their word, even after signing papers should be evicted. Sorry, but giving your word and backing it up with a contact is just something you don't break.
I also have always paid early and made sure it got there on time.
If anyone does not pay, they should be evicted; no second chances. Spots on a leopard and all that. Just my two cents worth.
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