Lawyer advice... rental property

[skelly1982]

I own a rent house and the renters have not paid their rent for the month of January.
Because they had lived there for 4 years I offered to let them use half of the rent from there deposit as long as they came up with the other half by the end of last week… they agreed then the lies started.

"It's in the mail"

"Check shows as being cashed" when i asked for a copy of the check she said "bank won't give it to me"

When I rented they had no credit so to get the deal done there mom signed the lease with the couple and their dad said "if you ever have any problems just let me know" he even paid there rent for the first 2 years.

So I called the father and got no reply… Then today the mom called from California and said "she is flying in and she is going to sue me for calling the ex husband and she is going to make sure I have nothing by the time she gets done with me"

I'm having chest pains over this... can I get some advice??? Do I need to lawyer up? can I really get sued because I called the father?

I can go on and on with the lies i have been told from these people but i don't want to waist anyone's time.

thanks for your help.

 

[lawpoke87]

Get a copy of the landlord/tenant act, follow the eviction process and get them out of there.

As far as mom suing because you contacted her ex? Not my speciality but I don't see any damages on her part.

Good luck and don't let "Mom" push you around.

 

[Gold*]

Small claims, FED action, look at the landlord tenant act, and you can get some forms here. http://www.tulsadistrictcourt.com/

If you would like an attorney, they may be able to recover fees from the tenants. Call the Tulsa County Bar Association for a referral, or if you know anyone off the board, ask around and there are several well qualified attorneys who read this board.

 

[chito_and_leon]

I don't know Ok law but can't imagine how you could get sued for that (getting the money you're owed may be a different story)... Tho of course people can sue for anything, even if they can't win.

We get threats from people all the time that they're going to sue us and maybe .1% ever amount to anything. Most if the time it's batsh:t crazy stuff - as a lawyer it's clear that they're just blowing smoke and think they'll get a reaction. Often with things like "I'll own your company when this is through", which is a sure sign they watch too much TV and don't have the first clue what they're talking about. Which is to say, don't have chest pains just yet.
Posted from Rivals Mobile

 

[Novocaine]

This is a classic example of why I won't get into rental property.
Posted from Rivals Mobile

 

[HuffyCane]

Sounds like Mom is just trying to scare you because she is not in control of the situation and wants to try and get some through threats. Ignore her. I'll never forget the first client that threatened me and their startled look when I replied "Why are you giving me time to set up for it?" She cant sue and nobody would take her case if she could. Lawyers dont take on clients that cant pay their rent.

Three weeks behind on a four year occupancy? I cant speak for Oklahoma, but good luck finding a judge in Florida that will throw two voters out on the street to please one on those facts.

At this point, I would wait until February 6th and allege they didnt pay for that month too. Two months behind on the pleadings looks a little better. Otherwise, you risk a tenderhearted judge finding "problems" and giving you two weeks "to cure them." Meaning, they get more time to come up with the money or find another place to live.

Make sure you follow the notice requirements on demanding back rent or you will be starting over.
This post was edited on 1/28 12:05 PM by HuffyCane

 

[HuffyCane]

And again, I cant speak for Oklahoma, but if you rent out in Florida, dont have them sign a lease, just orally agree that occupancy is based on monthly payments of rent on the first of the month with a $50 late payment due on the 5th.

That way if you want them out for any reason or no reason, you can just terminate the lease before the 15th of the month in writing and tell them they have until the end of the month to get out -- the last day they have paid rent. That way you arent suing for non payment, which judges loathe, but failure to turn over the premises after the term ends, which judges dont mind at all. AND they've already been given two weeks to find a place for their kids to live.

 

[Steve Zissou]

Don't wait too long to evict them. Getting a new tenant that can pay a deposit is much easier during tax refund season than any other time of the year. I'd lawyer up to evict them once they are 30 days late, you might have the parents on the hook for that bill if the agreement they signed hasn't expired. That might help cover your fees. Once they get a letter from a lawyer they will likely stop with all threats.

 

[aTUfan]

extending the eviction ban.
this only postpones the rent and accumulates.
your rent is $1000.00/mth you haven't paid rent for 12 months. you now own the lanoard $12,000.00. when will the renters pay it back?
if people aren't paying their rent. how does the property owner pay his bills now?

get a job. pay your own bills. quit asking the government to bail you out

 

[HuffyCane]

extending the eviction ban.
this only postpones the rent and accumulates.
your rent is $1000.00/mth you haven't paid rent for 12 months. you now own the lanoard $12,000.00. when will the renters pay it back?
if people aren't paying their rent. how does the property owner pay his bills now?

get a job. pay your own bills. quit asking the government to bail you out

Naw. The real scam is the collusion between renters who have been working cash jobs who agree to file the hardship paperwork with their landlords in exchange for lower rent paid in cash. The fraud potential on the landlord buy outs is epic in scale almost wartime pentagon level.

 

[Gold*]

The whole thing is nuts right now. I went to the eviction docket last week and, between the moratorium and this belief that eviction is always bad, it’s unrecognizable and weird. Very little is accomplished. Everyone gets a free lawyer if they want one. The arguments are poor and the sense of fairness even worse.

There are just a lot of people who don’t want to do their job right now.