Well, maybe anon was right about this tenant. Either that or the tenant just needs a dose of reality. I mentioned several times before here how I STILL have not received the Inventory and Condition form from the tenant. I told him when we signed the paperwork that I only give tenants a week to fill it out and return it to me. This way, in case they damage the place and say it was already like that, I have proof to the contrary. Of course, I always make it a point now to take a bunch of pictures of the place before renting it out. Not sure it would hold up in court, but it sure wouldn't hurt.
Anyway, on 12/27/06, I called the tenant to reiterate my need to have the form returned. He said due to the holidays, he misplaced the form and gave me a verbal "ok" that the place was in good condition. I told him that wasn't good enough, and said I could get him another copy. The next day, I emailed him the copy (he requested emailing it, since he works rotating shifts). As of yesterday, I still hadn't gotten any response. Yesterday was also the last day for him to pay rent without being charged a late fee. So, I sent him an email both about the form (again) and the fact it was the last day for him to pay rent without being charged a late fee. The 7:00pm deadline came and went without any response.
This morning I called him and he answered almost immediately. I asked him about the form and if he realized rent was now late. He said he was going to send the rent out yesterday, but lost the Lease Agreement (now he lost TWO documents) which has the address to mail the rent checks. I told him if he has my phone number, which he said he does. I asked him why he didn't call me then. He said he was starting to do that right when I called - hence the quick answer on the phone. I told him since it was the first full month's rent, I'll wave the initial late fee but ONLY if he can get me the check today. He said today was his day off and he can either drop it off to me or I can swing by. I told him I'd swing by after work (this will give me a chance to see the inside of the property, too). I also plan to give him another copy of the Lease Agreement.
Lastly, he said that due to the high deposits the utility companies charged him, he wouldn't have the other half of the security deposit until two more weeks. I told him all these excuses weren't looking favorably and I hope this would not become a trend as this would be the absolute last time I would do him any favors. So I told him he had until the 20th to give me the remaining deposit.
I realize I should be more strict, but I'll give him the benefit of the doubt this time. If I don't have the form and/or check tonight then the proverbial $%@& will hit the fan. I've already read-up on Texas law regarding evictions, so I know what I can and cannot do just in case.
Thursday, January 04, 2007
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3 comments:
Anon here....
Just so you know, I do NOT want to be right about your tenant, but I've been there....done that....have the EXPENSIVE T-shirt. The first excuse puts him on a two inch long leash and one foot out the door.
The dead giveaway is the "high utility deposits". No credit, no cash, and you are way down his list of priorities.
Glad you are up to speed on evictions because you are going to need to before this is over....I just hope he doesn't get po'ed and trash the property. You could take him to small claim's court but what good would that do....you can't get blood out of a turnip.
Sell one ASAP and get some cash in the bank....reduce your risk liability by 50%....and then work your '07 plan.
Best Wishes
I always run credit checks on any potential tenant when they submit their application and they pay the credit check fee. Also, when the lease is signed, all forms are also signed by the tenant(he must do the inventory/condition check then). The security deposit must be paid at the signing too, NO EXCEPTIONS. Good luck with this tenant !!
Stanley - I have to swallow my pride and say I've learned quite of few things this past month (30+ days). I usually give people the benefit of the doubt, but this has all left a very sour taste in my mouth. I usually tell people to run their business like a business, yet didn't even practice what I preached. BTW, FWIW, my wife didn't like this person from the get-go even though she has yet to meet or talk with him. I guess I need to brush up on my 6th sense awareness more. :-P
Both - Thanks! Lesson learned (believe me).
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