Posted on 08/11/2010 12:53:22 PM PDT by a fool in paradise
CHARLOTTE, NC (WBTV) - A landlord who says she's fed up with some tenants who refuse to pay their rent decided to take matters into her own hands with spray paint.
Landlord Vanessa McCants spray painted the words "deadbeat tenants" on a house she owns in the Reedy Creek subdivision of Northeast Charlotte.
McCants says the tenants have not paid the $1300 a month rent since June 1st, and have now missed two payments.
McCants says the home is being foreclosed on and will be auctioned off next week.
She believes the tenants figured out she wouldn't be able to legally evict them before she lost ownership of the home, so they stopped paying. She says the eviction process can take several months.
"Why do you think you have the right to stay in someone's home without paying them rent?" McCants told WBTV. "Just because this house is under foreclosure -- that's neither here nor there -- you still have to pay me."
Tenant Shanae Jackson admits she's not paying the rent, but says McCants isn't telling the whole story.
She says she's been trying to move because the home is being foreclosed on, and she says she can't afford both the rent and moving expenses at the same time. Jackson feels the security deposit she gave when she moved in should cover the rent.
But McCants says that security deposit is for damage to the property -- not to cover unpaid rent.
Jackson also accuses McCants of cutting the wires to the air conditioning, which she denies.
McCants said she decided to vandalize her own home after trying to get inside to retrieve things she owns, and being told by police she can't right now.
She believes the law gives a lot of protection to tenants, but not enough to homeowners.
McCants spray painted the garage with "deadbeat tenants" and Jackson's name on the garage Wednesday night. Soon after, Jackson painted over the words.
Jackson called police, who said McCants won't be charged because spray painting your own property is not a crime.
Agreed. But in this case I highly doubt that the landlord will be fixing up the place for another tenant since it is in foreclosure. The LL may have already used those funds for another purpose since she is in such a financial straight that she is not even paying the mortgage...
Who wants to bet this is an instance of “Strategic Foreclosure”?
Welcome to being a landlord.
No doubt people who have not been in this business and see it as an easy way to make money will get caught up in this sort of thing.
They buy a foreclosure house cheap and figure they will get renters. what they get is a whole bunch of problems.
Is that show still on?
If she’s not paying the mortgage, I can’t see how she can collect on the rent.
Spraypainting ‘deadbeat tenant’ is just childish.
I’ve been there where I paid a month’s rent, and had the landlord lock me out, toss my stuff on the lawn and told me to get out.
He wanted his friend to live with him, you see...
Yeah thats what I think.. If I lived in a rental and my landlord had stopped paying the mortgage, I would stop rent payments immediately.
Sorry.. but if I am going to have to move, I am saving my cash for moving.
I think that it will depend on the situation...
Did the owner ever live in the house, or was it purchased solely as a rental? If bought as a rental, then she could be in a jackpot if the mortgage holder learns of the mess, since the mortgage paperwork, most likely, holds a clause that rents are used to pay the mortgage. Since it is already in foreclosure, and the tenants are 2 months behind, is that the mortgage is most likely 3-6 months behind.
I am also curious if the property records accurately reflect if this a non owner occupied home, which usually negates any reductions or homestead credits.
I’d guess that the local authorities could charge the owner with the creation of a public nuisance and make him fix it.
I think they figured that if she isn't paying the bank why whouod they pay her. If they ahve ehld onot that rent money, they may just be able to bnuy the hosue at auction with her money.
I think they figured that if she isn't paying the bank why should they pay her. If they have hold onto that rent money, they may just be able to buy the house at auction with her money.
Legally, if the landlord stops paying the mortgage, you may not be required to pay rent. Depends on the state and the lease.
“Jackson called police, who said McCants won’t be charged because spray painting your own property is not a crime.
“
The tenants still get the “quite enjoyment” of the property and can take legal action against a landlord for being a pest.
Ironic that the landlord isn’t paying her mortgage but thinks the tenants should pay thiers.
Read my whole post.
Well, legally the landlord agreed to rent the house to the tenants for a specific period of time. Now the landlord may have already been arrears to the mortgage holder when the tenancy began. So, the landlord may have been the first to not honor the lease terms by their non-payment of the mortgage.
I am wondering if a Fraud complaint against the landlord may be in the offering since she went public...
Ms Pot, meet Ms Kettle.
So the tenant is 2 months behind.....
In some areas, a fIrst, last, and damage deposit is required prior to move in.
It’s highly unlikely the renter can look forward to any refund on that deposit.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.