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    dougmach's Avatar
    dougmach Posts: 1, Reputation: 1
    New Member

    Feb 24, 2006, 09:58 AM
    Property taxes/lien on property
    We have been taking care of the rental properties across the street from us for many years as the landlord lives in Arkansas. We have never been paid for these services. We repair and maintain these properties, and the last tenants we even collected the rent and deposited into the landlordís account, and paid the utilities. On January 6th we went to court as the landlord was trying to evict the tenants for these reasons:

    1. They have multiple people living there; 2. They didnít pay rent for August and September.

    The judge denied the eviction for these reasons:

    1. Right now almost everyone has multiple people living in their houses due to the hurricane.

    2. The judge forgave August and September due to the hurricane (and they were evacuated).

    After this the landlord got an attorney to serve them an eviction notice to have them vacate the premises by Feb 15th. (During the court proceedings, the landlord told the judge he already rented the trailer out to someone else, a friend of his, and that is why the tenants have to vacate). We feel this is morally wrong.

    He has the properties listed as homestead exempt. If he lives out of state, doesnít that void the homestead exemption? Instead of paying $5,246.68 from 2001-2005 he has only paid $110.44. I would also like to know that if a person goes to the assessorís office and pays the back taxes, can they acquire that property? We would like to know exactly what the laws are regarding the above. We have never been paid to maintain and repair the rental properties.

    I checked with 3 realtors here that do property management, and the going rate is the same. They charge 60% of the 1st monthís rent, and then 10% every month after that. They charge an additional 10% to collect and pay the utilities. Just for the last tenant that was there ( I will have to pull out records on the months the other tenants were there as well), he owes us $1,965.00, how do we put a lien on the property? And if we pay the taxes, then he would owe us a total of $7,211.68. This property is in St. Tammany Parish, the address is Slidell, but we are 1 block outside of Slidell city limits. Please advise, thanks.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Feb 24, 2006, 10:37 AM
    Send the owner a bill for what you have stated in the post, you managed the property for him, you services need to be paid for. Document everything you have done.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Feb 24, 2006, 11:11 AM
    OK, I wonder why now you are getting so upset at the landlord.

    And really I wonder why you were doing all of this for free all these years.

    Since you had agreed, verbal contract to do these services for no charge you have no right to bill him for any past service. You need to inform him that you will no longer work for free and that you will charge...
    Write up a contract for that amount and have him sign it to show what you will get paid for your service.

    While each state is different, but each state has its own rules for when taxes go to default and the county/city will have a posted tax sale of properties each year. Those properties going into default for taxes will be posted, the owners notified if possible. At that point you can buy by bidding at auction on the property.

    In most states ( not all) the previous owner will have a certain amount of time to redeem this property after you buy it. They would have to pay the amount you paid, plus a set interest rate ( 7 percent on the last I bought) plus any improvements you added to the property.

    But you need to check with the property clerk of your county for their specific laws and when they have their sale.

    I seldom get to keep the properties since the owners normally redeem them but getting 7 percent on my money is better than my CD's earn.

    If the other owner is not paying proper tax, the county may or may not go for back taxes and penalties, but you are free to report him.
    ( don't expect to get a contract to keep working on their property if you do)

    I would just wonder why you would do all this work for this person, where they a old friend, just being nice?

    ** and perosnally I think the judge ruled wrongly since the judge ruled against a written lease agreement for moral judgement not strict law.
    The verdit should have been appealed. Without permission there is not a reason to violate the written lease. And saying you had another renter my be a lie, but at that point the judge was not following the law and sounds like the owner was trying to get his legal rights.
    ** don't expect "truth, justice and the american way" in court, it is a win and destroy and win with no holds bar situation. Justice has little to do with most courts it is merely what can you legally get by with to win.

    Not right but the way it really is.

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