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-   -   What would you do about my tenant? (https://www.askmehelpdesk.com/showthread.php?t=777067)

  • Nov 29, 2013, 11:19 PM
    pepiano
    What would you do about my tenant?
    A tenant who has a room rented in my house from 10/01/2013 - 06/01/2014 (9 months) informed me on 11/26/2013 that he has checked his finances, and would not be able to come up with the December 2013 rent, and that he only had $160, so if I didn't take them he would understand. Doesn't that imply that he would, first, default on his agreement, and second, be leaving? In addition, he asked me if I would let him not pay rent until April 2014 (5 months @ $350 - $160 all he had for December). He said his grandmother is a tax preparer and would get him a hefty return, and then he could pay me. I was in awe. How can anybody suggest that to a landlord? I said,” let's try to work something out.” The next day, I sent him an e-mail to let him know that he should keep his $160 (I don't want to take them from him; he's a student, and he already told me that's all he has)... and that instead, I had quickly found a person to take over the room to live, and that he could just comfortably leave, not having to honor his contract; that I would simply undo it. He agreed. He knew he would leave by Saturday, November 30th, 2013 the last day, and that he should empty the room, to leave his keys. That's all! Good for him... he'd be off the hook. But, three days later, on Wednesday, October 27 after 6pm, he texts me and tells me he sold his car, and he now has enough money for the rent, even three months. But he already was leaving, and I didn't want to lose rent, and I quickly got somebody else. He is now forcing me to honor the contract because he says that he has money, and is forcing me to keep him in the room, or he will take me to court. He is now switching things around, and he's playing innocent. I'm scared! He and his girlfriend have intimidated me to the extent that I felt insulted and insecure. I have to accept the rent and keep him in the house. But I already feel very violated and uncomfortable with their language, threats, and everything. What should I do?
  • Nov 30, 2013, 07:10 AM
    ScottGem
    You have e-mails where he agreed to vacate? Then he has no case. You made a commitment to a new tenant based on his agreement to vacate. He can sue but he won't win. However, if he doesn't vacate, then you have to file for an eviction order, which will take time and you may lose the new tenant. So first I would try to work something out. But if not, then you have to file Monday for an eviction order if he doesn't vacate today.

    Tell him, that he already agreed to vacate and you obtained a new tenant based on his agreement. Therefore, he has to vacate or you will have to evict him and sue him for your losses.

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