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

September 28, 2002 | Sweet_Sunflower29

[Sweet_Sunflower29]

I'm so furious, I can't see straight, forgive me if this is scrambled. I need your help. Mr. S_S and I own the home directly adjacent to us, which we rent out. We have sucessfully managed three previous tennants with no problems; two whom we knew, and one acquired via a rental agency. This spring, we used the same rental agency to find the current rentors.

After the company approved them, we found out that-

They flat *lied* on their lease agreement about their jobs, income, previous addresses and reason for leaving, and about how many people were going to occupy this house.

The 'credit check' area of the lease was left blank by the rental company, leading me to think none was performed; and when the problems began and I called this company to complain, I was basically told that it wasn't their problem anymore, and 'tough sh*t'. I went to the county clerks office, filled out a 72-hour eviction notice 4 months ago and stuck it on their door, for failure to pay rent in a timely fashon. The rent was paid within 12 hours, and rather then involve the law, we [dumbly] decided to overlook it.

The first month, and with every additional month, the rent was late. By late, I mean typically 4-6 weeks overdue-This group has the bad luck to have some type of calamity befall them the first week of each month which prevents the $$ being available. Someone hurting themselves, a birthday, a sister in the hospital, etc, etc.

They are a family of...uh... "_______-American" decent, loudly drinking/yelling/partying/fighting 3-5 nights/week [many past midnight], while waking my children and keeping me up many of these nights. The property looks awful with the beer cans, ciggy butts and trash strewn all over, they've broken the gate leading into the yard beyond reasonable repair, and I am not even planning on going INside the home without Mr. S_S with me.

I should mention that 95% of these problems with noise and drunken behavior happens when Mr. S_S is out of town.

Last night, he was home. 2am, they were outside my bedroom window, music thumping, loud yelling, etc. He stuck his head over the fence, told them to shut up. They didn't. He called the cops, within 2 minutes of that call, they quieted down. I was glad they were out for the night. He was wondering at the chances of them shutting up right after the call was made. About thirty minutes later, two of them were fighting over the beer, again, right outside my bedroom window. We were afraid that they were going to try to drive the truck, and being 'drunk', may end up plowing it through the bedroom instead. Mr. S_S stuck his head out again, told them to 'shut-the-****-up' this time, came to me, brought me my Taurus .357, holstered his Rueger .45, handed me the phone, and told me to call the police; these guys that were fighting were pissed now, and he was ready to fire if it looked like there was going to be trouble.

I called LEO, and while I was on the phone, the ***** next door yelled outside, "shut up, they're calling the cops right now".

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.

WTF am I going to do NOW??

These rentors are minorities, on welfare, and seem to think that as such, they are entitled to ignore the rules. Mr. S_S wants to evict them, using *ahem* unspecified "methods" that won't point back to him. These people are pissed at us, and honestly, I'm scared, mainly because of my little ones being here with me, and because Mr. S_S is gone so much of the time. People have told me basically that I'm screwed, because they are minorities, on welfare, blah, frickin' blah blah blah...

I am scared to death. I really, really, really need some advice, help, anything to point me to where I can find if I have any rights in this.

[alisasny]

I have used lawguru.com from time to time. I also rent an apt and have had great success thus far. Check it out, their is an entire q and a on landlord tenant issues... also start combing through your lease finding out where they are in violation...calling the cops seems to be against the lease they signed...GOOD LUCK and prayers...

[r9etb]

I'm no lawyer, but these people are on your property. From what you've said, there are grounds to evict.

[snippy_about_it]

I believe I would call the rental agency you used and tell them to throw them out or you'll file a law suit against them for not checking out the false accusations made on the lease.

[Drango]

Just post a giant picture of Janet Reno on their font door. They'll leave.

[Ecliptic]

Very simple: get a lawyer..I know, you don't want to spend the money. (If you don't want to spend the money, don't coplain about the renters.)...anyway, let the attorney go after them tooth and nail and you have no more contact with them. In some locales, after the cops are called a certain number of times to rowdy people, they are automaticly arrested.

Start using a non-portable phone so they cannot monitor the calls.

[WhirlwindAttack]

Get another eviction notice. Tell local LEO they deal drugs.
Stay resolved to get rid of them. Sue them for false statements on their application.
Don't rent to people you can't screen personally.

If all else fails burn them out and collect the insurance, sounds like the place is a trashed out roach hotel. Sorry for your troubles. We sold ALL our rental properties because of things like this.

Living out in the sticks now bump.

[goodieD]

One reason I don't use a cordless...get a cheap corded phone so they can't tell when you're calling the cops.. get the law involved, and if they won't do anything, sue the bastards.

[John Jorsett]

You have to evict them. Go to a law firm that specializes in evictions and let them handle it. And if they're monitoring your phone, get one with a cord to use for the time being. Or if you feel like spreading a little disinformation, make some calls with a confederate on the other end in which you talk about them sending a squad of knee-breakers out if there's any trouble over the eviction.

[Humidston]

Two words: VIDEO CAMERA!!!

Get a lawyer NOW. Video every brawl they have, every piece of crap strewn around the yard. Take photos, gather your evidence before the fur starts flying out of control.

(BTW, as an ex-realtor, I think that if the agency didn't run a credit check, you may have a case against them UNLESS you signed off on the lack of same when you signed the lease.)

Also, never ever accept partial rent payments without counsel of attny. In TX it automatically bumps your right to demand full payment back by 30 days. Of course, check with your own state. (That's just another reason you really really need a lawyer!)

Good luck!

[knak]

Put it up for sale?

[Aracelis]

Bump for some expert freeper help.

[Humidston]

BTW, I have an Asian friend who owns tons of rental property. She is a shrewd and brilliant businesswoman.

She told me she NEVER lets her tenants know she is the owner.... She tells them she's "just the property manager who has to follow the boss's orders" so that if there's trouble, they don't come after her!

[witnesstothefall]

While I sympathize, your own decisions were what let the agency and the rentors get you over this barrel. Now it's up to you to stick it back to them. Defend your property rights, in court if necessary.

[Freedom2specul8]

Dittos Dittos Dittos your #10.

[lsee]

This may be a case of "your money or your life"...

if you are reluctant to consult with an attorney or involve the law because it might be expensive, ask yourself how expensive it will be when one of the "friends" of these lovely people decides to break into your house and steal from you. Or decides they don't like being told to "shut up" and "accidentally" fires a gun. Just knowing you HAVE a gun or two in the house could easily inspire some gangster pal to break in just to steal the guns.

Expensive to evict? Oh, yes...but what about your peace of mind and preserving your life?

There are legal avenues for you, although the low-cost ones may have a waiting list. What you're doing isn't working, obviously, so expense or not, getting rid of these pests must become a top priority, even if it means other bills don't get paid in the meantime. Don't be intimidated by their leverage. The laws that protect them only go so far and you are the winner eventually. Keep your head. Put the guns down and reach for the telephone. Then be prepared to reach for your wallet. Could be an expensive learning experience.

[Abcdefg]

"Tell local LEO they deal drugs.

I thought it was illegal to file a false report. Dont' get yourself in trouble over this.

[Orbiter]

They're probably pretty stupid, so play to that with the following:

1. Make really nice for a month or two.
2. Have someone you know whose a good "actor" arrive one day
when you and the tenants are both home. Have your friend, with briefcase in hand, walk to your door, making sure he's "noticed". You two talk about the weather or whatever for 10 or 15 minutes.
3. Have your friend exit your house and walk over to the neighbors and ask to speak to one of the parents. Introduce yourself as a "man from the bank that owns the mortgage on the house. Seems he's gotten behind on the payments, and the bank's gotta do what needs gettin' done. Now, we're all sympatheic -- care 'bout a man's family, and all -- him paying for his widowed aunt's cancer treatment. Nice fella, him. Just hate havin' this be part of my job, but the bank's gonna have to sell the house to get what it's owned. Maybe y'all would like to buy it -- only way I can see to keep you nice folks living under this roof. Other than that, the bank can't keep up with a contract y'all signed with him. And I hate to think how the foreclosure judge and my bank's president are related and what he might do to get y'all moving along, least from what happened last time them two hooked up on a similar case -- like this one. Poor fella. Well, y'all take care. Man, that foreclosure judge and the police doin' that to someone..."

[lelio]

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.
What he probably means is that you have a 2.4GHz phones, which came on the scene a couple of years ago. The old ones were 900MHz which any scanner could easily pick up. Sales of scanners that pick up 2.4GHz are banned in the US (in each scanner there's a chip that allows you to go around that frequency, but not listen to it), but you can pick them up in Canada or over the internet.
But that's bucks ($800+) and if they can't pay their rent I doubt if they are buying scanners. Well unless they have a need for it.
We have the exact opposite problem here: person rented out his house to some clowns that blast music at all hours, constantly are drunk, etc. So far it looks like he hasn't done anything to correct the problem. But based on your experience I doubt if he can do anything.
How about setting up a video camera to record the goings on? Dollars to doughnuts you'll catch them doing something illegal that you can show the cops.

[eastforker]

Is there a clause in the lease what happens if you sell the property?If not,sell it to a relative for a buck,let them take possesion,the tennants will have to leave,then let the relative sell it back to you for a buck,that is of course unless it is financed,than again your rentors may not be that bright and merely typing up some papers showing change of hands may be all that is needed.