Landlord Question and Answer Forum

NC - Somebody please help! I have tenants who have been late since they moved in. I filed a summary of ejectment once, then then made the mistake of doing a late payment agreement due to sympathy, which she breached also! They have not even finished paying for Feb rent and still owe for March, April, and May. She plans to file "indingent" (poor and unable to make rent due to loss of job), and says that her attorney tells her she has a great case. She is part of a lumbee tribe with her aunt as the president. She is waiting for the house to foreclose so she and the tribal place can buy the property. I currently live in AZ and have a property manager who I just hired this past Monday, so that she could serve notices. I was agreeing with the tenant to accept small deposits and such forth until she got caught up and she keeps saying she is waiting for her tax refund. Well, the mortgage company called me last week and told me I had to pay $2700 by 25th of May or they will start foreclosure. I explained this to her and told her I needed her payment or had to start eviction processes. She states that is illegal because we made an agreement by email to accept small deposits. My property manager delivered the 10 day demand notices last thursday and the tenant had her children answer the door swearing she wasnt home until my property manager said she would wait and let the authorities know that there was an 8 year old child left unattended at the house. Her husband suddenly appeared out of the woodwork and my property manager served him the papers. Well, I started getting calls at 3am from my tenant saying she is pressing charges on my property manager for threatening her child and that she demands my attorney's information. That I made a big mistake doing this and that she WILL win in court. Does this lady have a case? I mean she is $3950 behind and has never even shown proof of renters ins which is in the lease. She says she is taking her daughter to court with her to prove my property manager was threatening and blew smoke in her face. My property manager also took a Military Officer with her to the property as a witness. I cant see why a judge/magistrate would award her to stay being that she owes so much and has not even paid for three months. Also, what all do I need to provide my Property Manager to take to court? Should I send paperwork stating my house is about to foreclose? should I write a statement on my behalf on why I would like her to be evicted and payup? Can I take out the money she owes me as a lien on her business? One more thing. I would like to report this to the credit agency.

On the 10th of May, she was given a 10 day demand for compliance and a 10 day demand for rent. That was when she decided she would get all mad and send me emails cussing and telling me that I lied and so forth. She emailed Sat and said that she received her tax check and she would forward it to me as soon as I end all this. I responded that when she pays all her dues, this will end because I would have no reason to take her to court. Havent heard from her since.

Posted by patricia s, NC on Tuesday, May 15, 2012

If that were my tenant, I would proceed with eviction. Too much of a headache.

Posted by Jessica B, MD on Tuesday, May 15, 2012

well i would love to but the whole point in renting my house out was to not lose it, due to losing my job! so I rented it out! now if I dont have $2700 to the mortgage co by the 25th of May, my house goes into foreclosure, which is from what I hear, what she is trying to do, because the Tribe will help her purchase the house once it goes into foreclosure. So its like she has been planning this all along

Posted by patricia s, NC on Tuesday, May 15, 2012

Do a search under "government mortgage bailout." You may find some help here. I would still consider getting the "tenants from hell" out, depending on your search results. Sometimes you have to multi task. Stop listening to excuses. Take a deep breath, dig in your heels and do what you have to do. Best wishes. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Tuesday, May 15, 2012