Thursday, June 26, 2008
Eviction. Take Two
11/2 – Now that I am officially owed a third month's rent, this further drives home to the tenant that I want them out. I am delivering a Notice to Quit as well as a letter stating that they have the option to disappear, or I take them to court, have them evicted, and seek my lost rent. This is their option. We shall see.
Who works for Who?
11/1 – New tenants are in and are cracking the whip on projects to be done. But 10/31 has come and gone and I have not received September's rent, October's rent, late fees, or court costs. She is officially gone. I want her out.
A New Hope
10/28 – I meet the new tenants for the other unit. Still a sizeable family, but at least I am aware of income. They'll be moving in at the first of November.
My other tenant has yet to show any sign she will pay, or that she cares. Any instructions that were given have not only been ignored, but further violated. She has 3 days to pay.
My other tenant has yet to show any sign she will pay, or that she cares. Any instructions that were given have not only been ignored, but further violated. She has 3 days to pay.
A Day at the Courthouse
10/5 – Living farther away from court than most people who are attending, I leave the house at 7am for a 9am hearing for the eviction. At 7.10am, I receive a call from the tenant, explaining in detail why I have received no rent payments or communication from them. I listen for 10 minutes, and in this time I find that her story is consistent with her absence, the state of the property, and the prior owner's claims of prompt payments. I tell her to put everything in writing to have present for the judge as well as me at court.
At court, after witnessing a civil marriage (not me as a witness, but just being present), the judge asks all cases where the parties have come to an agreement be taken care of first. For the last two hours I have thought over this tenant's problems, solution, and my own destiny with the Great Scorer. I feel that though this tenant owes me a shitload of money, I will give them this chance.
The judge calls us up and we state that we have come to an agreement that they will stay and owe me for September, October, late fees for September, late fees for October, court costs, service fee, along with November's rent. Essentially, they will owe me four months rent for three months.
I find out after court that rather than have the case dismissed, I should have ad a continuance until money was paid. The mistake here is that if she does not pay, I have to re-file, meaning another court and service fee that will put one of us further in the hole. I can only hope they hold true to their word, both written and verbal.
At court, after witnessing a civil marriage (not me as a witness, but just being present), the judge asks all cases where the parties have come to an agreement be taken care of first. For the last two hours I have thought over this tenant's problems, solution, and my own destiny with the Great Scorer. I feel that though this tenant owes me a shitload of money, I will give them this chance.
The judge calls us up and we state that we have come to an agreement that they will stay and owe me for September, October, late fees for September, late fees for October, court costs, service fee, along with November's rent. Essentially, they will owe me four months rent for three months.
I find out after court that rather than have the case dismissed, I should have ad a continuance until money was paid. The mistake here is that if she does not pay, I have to re-file, meaning another court and service fee that will put one of us further in the hole. I can only hope they hold true to their word, both written and verbal.
Tennis
9/28 – The Notice date arrived and expired. No rent, no vacancy. I could see from a block away that this was how it was going to be. I went to the door, a kid that was supposed to be in school answered through the window. I know I'm not alone in the collection process. I said who I was and where the parent was. The answer of "an hour" came too quick, too generalized. I left. I went to the county court clerk's office and filed eviction papers. I am due in court, as a plaintiff, 7 days from today. By that time I will be owed two months and a lot of late fees. If I tack on court costs, they'll owe me 10% of their income.
Notice the Notice
9/23 – I served my tenant a 5 Day Rent or Quit Notice. I have no reason to believe I will be paid for this month, or any month after. I realize I am long overdue with presenting this letter to the tenant. But I gave the post office, and her, the benefit of the doubt. When you have reached this point, the Notice point, you actually don't want them to pay anymore. You just want them out. If they leave, I feel, it won't be quietly. Every time I go out, I take one look at that half of the property and see what I am dealing with. Garbage, grill coals, toys left where they were dropped, everything stating "I don't give a shit". I just want them out.
I feel that on the 4th day at the 23rd hour, I am going to get a phone call begging me not to throw them out. I have never been owed this much money before, so I can see why I am pissed. But then you realize that you've been taken for a chump for the last 23 days. Those stamps were used for mailing in other things. Those letters were used as napkins. And my property was a free hotel. When I arrived, I had intentions of getting minor work done, and delivering the Notice. When I got out of my car, she pretended she was on the cell phone. Besides, they were leaving for church and her kids were around. She doesn't have enough pride left for me to hand her this envelope right in front of her kids. While fixing up a few things, my newly posted For Rent sign attracted a potential customer. As he made his way through the unit, he remarked how certain people trash the place. I wondered if my other tenant was one of those people. As I was finishing up, I thought I would try to stop the dripping faucet in the kitchen that was running up my water bill every month. If I knew that one minute later I'd have a geyser in the kitchen, I would've left on the spot. But then a tenant would've had the same problem. I got on the phone with a handyman and he was there in a flash. As we were heading out to the store, I caught her by surprise on the porch. She couldn't even look me in the face. At that point, I knew that all concerns I had about her maybe not being able to send the rent, or the check getting lost in the mail were gone. She knew she didn't pay. And she knew that I knew it. I had bigger fish to fry at the moment, and less than an hour later I had a working faucet. On my way out I dropped the notice in their mailbox. They weren't home and that was for the better. I figured any final misunderstanding about the rent, I would've gotten a call that day. Never came. They have 5 days to get their shit, and get the hell off my property, and out of my life.
I feel that on the 4th day at the 23rd hour, I am going to get a phone call begging me not to throw them out. I have never been owed this much money before, so I can see why I am pissed. But then you realize that you've been taken for a chump for the last 23 days. Those stamps were used for mailing in other things. Those letters were used as napkins. And my property was a free hotel. When I arrived, I had intentions of getting minor work done, and delivering the Notice. When I got out of my car, she pretended she was on the cell phone. Besides, they were leaving for church and her kids were around. She doesn't have enough pride left for me to hand her this envelope right in front of her kids. While fixing up a few things, my newly posted For Rent sign attracted a potential customer. As he made his way through the unit, he remarked how certain people trash the place. I wondered if my other tenant was one of those people. As I was finishing up, I thought I would try to stop the dripping faucet in the kitchen that was running up my water bill every month. If I knew that one minute later I'd have a geyser in the kitchen, I would've left on the spot. But then a tenant would've had the same problem. I got on the phone with a handyman and he was there in a flash. As we were heading out to the store, I caught her by surprise on the porch. She couldn't even look me in the face. At that point, I knew that all concerns I had about her maybe not being able to send the rent, or the check getting lost in the mail were gone. She knew she didn't pay. And she knew that I knew it. I had bigger fish to fry at the moment, and less than an hour later I had a working faucet. On my way out I dropped the notice in their mailbox. They weren't home and that was for the better. I figured any final misunderstanding about the rent, I would've gotten a call that day. Never came. They have 5 days to get their shit, and get the hell off my property, and out of my life.
Where's the Money?
9/9 – I write a letter to be mailed to her stating that the rent is now 9 days late and I will waive late fees if I get it by the 20th.
Eco Up the place
9/9 – Today was more clean up from more mess the tenant made. I give the place a once over with Febreeze and tighten all the screws. I also added CFLs to all the light fixtures. I notice the prior owner only put one bulb in all the ceiling fixtures, so I do the same. 13W is much better than 120W. I provide the tenant with the remaining envelopes I promised, along with a letter stating their purpose and my contact information.
Check May Be in the Mail
9/6 – Most people by this time would feel that they bought at the wrong time or that the landlording industry wasn't for them.
I had a 45 day ordeal with closing the property. Problems, though minor, with the water department, a thriving population of spiders in the basement, keys that don't work, doors that wouldn't belong on a tool shed, 1/2 occupancy, and a weed problem. But now the thought that I may have a deadbeat tenant has entered my head.
I handed over my welcome letter and an addressed-stamped envelope, and told them more of those were coming. I figured, I'm willing to spend $4.92 a year + envelope costs to get my rent. It's worth it. I handed this over last Thursday, 8/30. If she read the letter, it said to get the money in the mail to ensure timely delivery. Granted, it was Labor Day weekend, but how far back does that set the system?
The very first rent payment!
The fact that this tenant is three business days from me being bound by law to start eviction is fascinating. First off, this is no way to start off relations with your new landlord. I have the first impression that this tenant is unreliable. Second, this costs me money. I don't care how many kids you have, how bad your job is paying, what credit cards you have to pay off first. I don't know you and you owe me money. There is definitely a deadbeat in this situation, and I haven't had enough time to prove myself to be a deadbeat landlord. So it is either the postal service, or the tenant.
This is a business I am trying to create and run. And seeing as I have to, literally, go the extra mile for this business, the least I should get is a trip to the mailbox.
But this is not deterring me. Everything has gone wrong so far. Now it will be perfect.
I had a 45 day ordeal with closing the property. Problems, though minor, with the water department, a thriving population of spiders in the basement, keys that don't work, doors that wouldn't belong on a tool shed, 1/2 occupancy, and a weed problem. But now the thought that I may have a deadbeat tenant has entered my head.
I handed over my welcome letter and an addressed-stamped envelope, and told them more of those were coming. I figured, I'm willing to spend $4.92 a year + envelope costs to get my rent. It's worth it. I handed this over last Thursday, 8/30. If she read the letter, it said to get the money in the mail to ensure timely delivery. Granted, it was Labor Day weekend, but how far back does that set the system?
The very first rent payment!
The fact that this tenant is three business days from me being bound by law to start eviction is fascinating. First off, this is no way to start off relations with your new landlord. I have the first impression that this tenant is unreliable. Second, this costs me money. I don't care how many kids you have, how bad your job is paying, what credit cards you have to pay off first. I don't know you and you owe me money. There is definitely a deadbeat in this situation, and I haven't had enough time to prove myself to be a deadbeat landlord. So it is either the postal service, or the tenant.
This is a business I am trying to create and run. And seeing as I have to, literally, go the extra mile for this business, the least I should get is a trip to the mailbox.
But this is not deterring me. Everything has gone wrong so far. Now it will be perfect.
Curb Appeal Chapter 1
9/2 – I get my first private moment with my new investment. It's more than holding a stock certificate, or a diamond, or a college degree. It is something for everyone to see, and it's bigger than anything you can hang on a wall or slip on a finger. It will make you or break you.
My moment with my property involved four huge garbage bags, a rake, rodent poison, a broom, and paint thinner. I set out to improve the immediate value by 1%. I think I did 3%. The spider webs in the basement are biblical. The accommodations in the basement are only reserved for spiders. The back of the house resembles a trash pile. The bushes are lint traps for bottles, cans, bags, and anything else purchased at a convenient store. Doors are broken, lights are missing, and everything stained. These are not complaints. Except for the spiders.
My moment with my property involved four huge garbage bags, a rake, rodent poison, a broom, and paint thinner. I set out to improve the immediate value by 1%. I think I did 3%. The spider webs in the basement are biblical. The accommodations in the basement are only reserved for spiders. The back of the house resembles a trash pile. The bushes are lint traps for bottles, cans, bags, and anything else purchased at a convenient store. Doors are broken, lights are missing, and everything stained. These are not complaints. Except for the spiders.
Sign your life away
8/30 – Closing Day is here. For real. Finally. This date has been pushed back for 3 weeks. On my way out my attorney isn't happy with the seller. In turn, he's not happy with me, and he's not happy with the drive.
The good thing is, the closing goes smoothly. No discrepancies with names, documents, or locations. The whole process took about 1.5 hours. I walked over to the City Hall to get the water and trash utilities in my name and met the seller at the house a short time later.
My personal recommendation of what to do as a new landlord is to come off to your tenant as someone who is always available, very organized, and covers his ass. I had an introductory letter, and enclosed the addressed and stamped envelope for the first month's rent. The letter told the tenant what is mine and my responsibility, and what was theirs and their responsibility. I followed suit with the old landlord to avoid confusion. Most of the guidelines I agreed with, some I was surprised by, that were in my favor.
I did a check of the vacant unit, and proceeded home on my new venture.
The good thing is, the closing goes smoothly. No discrepancies with names, documents, or locations. The whole process took about 1.5 hours. I walked over to the City Hall to get the water and trash utilities in my name and met the seller at the house a short time later.
My personal recommendation of what to do as a new landlord is to come off to your tenant as someone who is always available, very organized, and covers his ass. I had an introductory letter, and enclosed the addressed and stamped envelope for the first month's rent. The letter told the tenant what is mine and my responsibility, and what was theirs and their responsibility. I followed suit with the old landlord to avoid confusion. Most of the guidelines I agreed with, some I was surprised by, that were in my favor.
I did a check of the vacant unit, and proceeded home on my new venture.
Empty your pockets
8/19 – Dealing with a lender may seem easy. They want your business and know that you can shop anywhere else. They also know that you will be screwed just as much by the next guy, but it will be less painful. I chose to use a lender that I had used as recently as 8 months prior so I figured they had at least half of what they needed. You deal with a guy at the head office and they will refer you to the most local branch. The rate I got locked in at was higher than my rate on my house. This being because not only is this a second property, but also an investment. Research (questions to people I knew would know this) told me that this is not a set rate or trend. You can get a rate of 5% or 15%. It's the preference of the bank you select.
The branch and representative I was connected to for the duration of the process was very nice, but slow. I had to come to realize that I wasn't dealing with people who ever use the terms haste and hustle. I felt like she perpetually sipped decaf while eating some sort of fruit pie, savoring every bite.
The branch and representative I was connected to for the duration of the process was very nice, but slow. I had to come to realize that I wasn't dealing with people who ever use the terms haste and hustle. I felt like she perpetually sipped decaf while eating some sort of fruit pie, savoring every bite.
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