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View Full Version : How to get a problem tenant out who knows how to work the system


Eddieazalyn
Jun 14, 2012, 02:35 AM
I have a problem tenant who will not move out and who has threatened my husband and used vile language toward me. He went to court today and the judge gave him two weeks (June 27) to get an attorney. The tenant was given a three months lease June-sept. 2011. He said that he was in the process of buying a home andonly needed a place to stay for three months. He pays everything in cash. He wantedto give me $4,600 in cash to rent for three months but I informed him that I was notcomfortable carrying that kind of cash. He did give me a cashier check. After the tree months was up, he did not move out. H was informed before he moved in that he hall light and the basement was on his meter. He had no problem with this. We agreed to pay 3/4 of the utilities and we did. Each month, he would deduct it from the rent which was to be $1,100. But he would deduct $250 from the rent each month. He did not want a rent receip and did not give us a receipt for the utilities. In March 2012, we decided to put the utilities in our name because we felt that he was deducting too much from the rent. In April 2012, he paid the full amount of rent $1,100. This was around April 10 or 11. On April 12,2012, I guess he received a utility bill. He called that night very irate and was swearing at my husband demanding his money back. This person lives next door to me.He is very arrogant, violent, and cunning. He asked my husband to come to the fence where they meet when he pays the rent. My husband told him that they would have to sit down tomorrow and discuss it like men. On April 13,2013, my husband had to go to work. The tenant called my husband several times threatening him. My husband works for himself in construction. He told my husband that he wa goint to wait for him outside and when he sees him pull up if he did not have his money he was going to f- - k him up.The police was called. The tenant did not come to the door. After the police left, he called again and said that we have gotten the police involved and we just took it to another level. We reeived utilities bill for this same month. The utilities bill that he received was $180. I knew the typed of person I was now dealing with and I gave his wife a money order for $135. 3/4 of the utilities in question. I then sent him a notice to move out in 30 days by certified mail he did sign for it. He signed for it on April 19 2012. On April 24, he apparently sent us a letter stating that he has been advised by his attorney that we owed him for utilities that was billed to him outside of his common unit. Today in court, he asked the judge to give him time find an attorney. Why would he need an attorney to move out of my house? He also told my attorney that this was retaliation because he said that he because he said that he was going to sue us. I never heard of this until after we called the police. When he moved in, the only reference we received was from his uncle. The tenant also told me in conversatin that he had to move because a house was quick claimed to his mother and he moved in,and fixed up the place. But the children showed up and he had to move out. He is a used car dealer. I believe in addition to being a con person that he is involved in illegal activity. He has license plates from two different states MO and IL. He changed them when he gets a ticket on one of his cars. He has had three accidents within a year. The car is always hit from behind or in front next to headlight. I have tried to report the two different license plates to police (311) but was told that maybe it could be legal and if I thkin that there is illegal activity going on they would transfer me to 911. I did not think that this was a 911 situation so I did not want to be transferred. I just need this person to go away and leave us alone. I need him to be happy in his life but stay out of our. We are very afraid of this guy. He is always pacing from (on the sidewalk) my huse to his house sweaing at someone on the phone. How can I get this guy off my back? Can't he sue me from across town? Can I request a polygraph?

joypulv
Jun 14, 2012, 03:05 AM
Tenant law varies by state, so we need your state.
But you are going to have to wait, now that he has been awarded time by the court.
Even if you have a written lease for the 3 months, you accepted his rent after that, effectively allowing him to be a tenant at will. You have given 30 days notice and that date has passed, so now you should start the eviction process. (Some states allow for less than 30, but a few require more, so again, it goes by state.)

I fear you started some of this by not having separate electric meters for common areas, which is not allowed by law, regardless of 'agreements' to pay a share. Then when he got a bill for usage up until the time you changed it, he had a right to be upset. You should have made sure the bill went to you. And when your husband went off to work after telling him they would discuss it the next day, that sounds like another right to be upset. But all that clouds the legal issues.
Yes, he sounds belligerent and he knows the system, but that's one of the risks of being a landlord. He hired a lawyer, so you are now pretty much stuck with paying your lawyer to work it out with his, or his lawyer will win. The court may very well order you to reimburse him for all electric charges, even if he clearly used some, because the court cannot determine who owes how much.

ScottGem
Jun 14, 2012, 03:21 AM
As Joy noted, by allowing him to stay you allowed him to become a periodic tenant and the lease became month to month.

I'm not clear on who owes what here. The lease established a monthly rental I don't understand why he was deducting utilities, but its your contention that the $250 he was deducting was more than 3/4 of the utility bill. Correct? Then you need to get copies of all the bills for the time in question and either add the difference to what you are suing him for or file a separate suit apart from the eviction.

Since you have gone to court, you have to let this process wind through the courts. You have an attorney, so discuss what evidence you need to bring to court to show how much he owes you.

I assume you have a new hearing set for 2 weeks? Correct? Make sure you are prepared. But forget the double license plates, that has nothing to do with your eviction case.