FReepers-please, PLEASE help..I'm scared to death, can't get rid of my rentors. {Vanity}

September 28, 2002 | Sweet_Sunflower29

[Sweet_Sunflower29]

What type of attorney do I look for?

I'm located in NM BTW.

[Sweet_Sunflower29]

Thanks.

:*)

[Sweet_Sunflower29]

Ya' know...at this point, that snake suggestion is looking better and better...

[SamAdams76]

Sad to hear of your situation. Stories like this is why I refuse to get in the renting business (even though it can be quite lucrative). There are other less stressful ways to invest your money. I hope you are able to get these tenants evicted and if I were you, I'd sell the property and invest the proceeds in bonds or something.

Whatever you do however, don't burn the place out like others here have suggested. Arson is a serious crime and these scumbags are not worth going to jail over.

[Sweet_Sunflower29]

No, they have a year lease.

[Teacher317]

The fact that they're on welfare probably gives them the right to act in this way. They'll call the police if S_S keeps intruding on their rights like this.

*sigh*

It's scary that it doesn't sound like a parody these days.

[Sweet_Sunflower29]

No, it's a year lease.
:*)

[LowOiL]

They are monitoring our phone calls with some sort of a ******* scanner. My engineer brother-in-law came over and told us that our phone was at a frequency to high for a normal 'bought at RadioShack' scanner to pick up, so it may be a police scanner.

Humm, interesting. Older cordless phones were in a couple of frequencys. 45-49 area and 900mzh area. The lower frequency was able to be monitored by a scanner. The 900 was not without modifactions (sp)(some were scrambled too). The newer 2.4 gig phones are not only near impossible but most are also scrambled signals. Older cell phones were often available to listen to in the 800 mzh range with scanners, but the newer ones are either scambled or use a frequency that is not usually monitored by store bought scanners.

My best bet is they did not actually hear your phone call, but heard the police radio each other via a police frequency. It doesn't matter how secure your phone calls are to the police, often the police use an unscrambled frequency to communicate. Drug dealers love to monitor those frequencys (so do I for that matter, but not for drug reasons, my dad works for the power company).

Just my two cents...

Low OiL

[Sweet_Sunflower29]

I appreciate the link, thanks...

[chemainus]

I have had rental property for 30 years. If you have a standard state lease, it will contain provisions for deception on the application, raucous behavior, late charges and default due to late payments. You also have the right to inspect the house. Deviation from original condition is grounds for eviction and civil recovery. Take the lease to a good real estate attorney and evict them. Period. There are waiting periods but start the process now. What lesson(s) have you learned? Do it NOW! Waiting can actually negate your legal rights.

[ladyinred]

I don't know what state you are in, but you do have rights as the property owner. They are living in your house and they are defaulting on the rental agreement. You can evict them no matter what, and you do need to do so post haste. Have them served with an eviction notice, makes it seem more official. You may have to follow through with court, but you will be able to get their lousy butts out of there!

[Teacher317]

The tenant's obligations...

• Comply with minimal housing codes imposed upon residents which materially affect health and safety.
• Keep the premises in as clean and safe condition as the premises permit, and return the dwelling in the same condition as when the tenant moved in, except for reasonable wear and tear.
• Dispose of trash in a clean and safe manner.
• Keep plumbing fixtures as clean as their condition permits.
• Use all plumbing, electrical, sanitary, heating, ventilation, air conditioning and other facilities and appliances in a reasonable manner.
• Not deliberately destroy or allow anyone to destroy any part of the premises.
• Not disturb the neighbors' peace, and Abide by all rules and regulations not inconsistent with the owner's or tenant's rights or obligations.

The landlord's remedies

When rent payment is past due, the landlord may give notice to the tenant that he or she has three days in which to pay or move out. If the tenant has breached the rental agreement in some other way, the landlord may give notice that the tenant has seven days in which to correct the breach or move out. If the tenant does remedy the breach, but is served a second seven-day notice of breach within six months, he or she must move at the end of the seven days, without opportunity to correct the problem. In the event that the tenant fails to move when required by proper notice (including proper 30-day notice), the landlord must seek a court order, or "Writ of Restitution," for a legally authorized eviction.
The law also entitles the landlord to sue for damages or injunctive relief when necessary.

I'm guessing that everything you'll need is in these lines, as well as in your contract with them. Go over both with a fine-toothed comb (and a bulldog of a lawyer), and get them out as soon as possible. Don't let that .357 Taurus out of your reach until they are gone... and even after.

Good luck, Sweet Sunflower!

[Teacher317]

Oops! Sorry, AP, #72 was meant for S_S.

S_S, let's look closer:

If the tenant has breached the rental agreement in some other way, the landlord may give notice that the tenant has seven days in which to correct the breach or move out.
If the tenant does remedy the breach,
but is served a second seven-day notice of breach within six months,
he or she must move at the end of the seven days, without opportunity to correct the problem.

This looks like the golden opportunity to me.

[tip of the sword]

As a previous poster said 'Catch them with drugs and have it filed as evidence on a police report.'

We had minorities doing the same thing and they threatened lawsuits but they never did anything and sccesfully kicked them out in 30 days because the case is airtight and the authorities are involved.

[1rudeboy]

One way or another, your tenants will try to screw you, as their actions to this point indicate. Buy a shotgun, a big-a** dog (they hate dogs), and a meat-eating lawyer.

Don't leave the dog alone (take care of him). Let the lawyer fend for himself.

[sneakypete]

These rentors are minorities, on welfare, and seem to think that as such, they are entitled to ignore the rules.

AND....they are right. Thank the "Civil Wrongs Act of 1964" for this.

[Sweet_Sunflower29]

Ok...so in plain English, my next step would be....?

[tip of the sword]

And after the 30 day time period you can have the sheriff come in to see that the place is clear.

I cant tell you how many time I have thrown all of the trash and belongings to the curb for these people to pick up when they don't get the messsge! (with the Sheriff right behind backing me up)

Remeber the rules are there for you to take advantage of as well, not just for the welfare recipients..

[sneakypete]

As many a happy now-Batchelor can tell you,you are never too old to run away from home.

[Revel]

"while the tenants were away he merely removed the doors from the unit."

You could not get away with that where I live. The tenants themselves could rip the doors of the unit and then call authority's who would inform you that if you did not replace there doors then you were going to be in deep trouble. The tenants can trash the house....Rip lights of the ceiling...whatever...Then they call the health department and you get a notice that your the landlord are in violation of state law. If you don't fix it you will be finned, and you cannot rent the property again until they tell you it is OK. By the way...once the tenant calls the health department you can not evict them due to so called "Retaliation Laws". If you evict them after you have received notice then you are break and even more serious law and your goose is cooked.

Or how about this....The tenants trash is piling up outside and attracting rats. The health department gets wind of it. Guess who gets the notice of violation...Yep the landlord. Clean up the trash or else.

There is no justice anymore. The law does not allow it. Of course your best chance is to get a lawyer who is going to charge you $200 to $400 dollars an hour. If your tenants have little or no income then they can apply to legal aid who will pitch a half dozen of there lawyer against your lawyer...driving up your cost. The cost to the teannant...Zero...Zip...notta...That comes out of your taxes. Like I said...no justice...Just laws that protect criminals.