9 tenant scams that landlords miss
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- เผยแพร่เมื่อ 27 พ.ย. 2024
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Landlords get taken advantage of everyday, and it's mostly because they're trying really, really hard to be nice. What's worse, is when they fall for the same tricks over and over again. Landlords, it's time to wake up and smell the scams. Tenants are getting really good at taking Landlords for a ride, and it's costing thousands.
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The Law Office of Ernie Garcia stands out for its unparalleled expertise in landlord-tenant law, providing essential support to Texas landlords, apartment communities, and real estate investment firms. Whether it’s delivering legal notices, filing lawsuits, or defending landlords against tenant lawsuits and HOA or tax foreclosures, Ernie’s firm has done it all. Ernie Garcia, a distinguished landlord attorney with over 14 years of real estate law experience.
Additionally, The Law Office of Ernie Garcia assists clients with drafting Leases, Deeds, and Notices. He routinely delivers Notice to Vacate, Notice of Lease Termination, or Notice of Non-renewal for Landlords seeking to end a Lease relationship with a bad tenant. Ernie Garcia shows clients how the Eviction process can improve Tenant cooperation and reduces the potentially enormous losses that come from continued instances of partial and late payments.
Who you choose to work with really matters. Experience the difference of partnering with an attorney who truly cares. We are proud to deliver top-notch service to help our clients reach their business and personal goals. Whether you're looking to file an eviction, update your lease, or need help with a difficult tenant, The Law Office of Ernie Garcia, PLLC is here to shoulder the burden of tough litigation to put you in the best possible legal position to win, win win!
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The information and materials made available on this video are provided by The Law Office of Ernie Garcia, PLLC for informational purposes only and do not constitute legal advice. The transmission and receipt of the information in this video does not form or constitute an attorney-client relationship. Individuals receiving said information should not act upon it without seeking professional legal counsel. "
My 2nd tenant pulled 4 of these on me! SMDH. How gullible I was. Never again. Following you closely. I've learned SO much!
Glad to hear that you're getting something useful out of this.
never understood why landords take a person that has high credit card debt and lives payday to payday
Some of the ideas you stated are good. I learned with my rental that accepting payments on the security deposit is a very bad idea. I had to evict that person within months.
As far as utilities go I recently got burned by a tenant we asked to move out discontinued their power nearly 2 weeks before they turnin the keys and cleaned out the belongings they intended to take. I had an automatic continuous agreement so the power was put back in my name before receiving possession back. Of course having the power continued is convenient me to clean and make repairs.
In my lease I have it stated that they need to have all utilities they are responsible for transfered with in 2 days of accepting the keys and I call the utilities and ask if not I ask them to terminate.
Also about the security deposit Ive had a tenant ask if they could use the security deposit as the last months rent after they gave notice they were leaving. Of the answer is NO. Dont do that even for a good tenant. You never know what damages you might find once its vacant and also if you allow them to do this I feel they have no incentives to leave to place clean with all thier belongings and trash removed.
Thanks for sharing these real-life examples! I appreciate you watching and taking the time to comment.
Great information! Thank you very much. Only thing is that it's next to impossible to collect court judgments for unpaid rent or damage to your property. In my experience, it is a joke trying to get tenants to pay you what they owe you. If a “professional tenant” owes you money, you’ll likely never see a penny of it, court judgment or not.
You're very welcome
before you rent, determine how easy it will be to garnish their wages for back rent and damages. Hint hint, they better have been at the same job for many years.
@@TheRogerhill1234 There seems to be an ever increasing number of prospective tenants who have spotty employment histories. Many of the ones I have vetted tend to be irregular in some way, often going through some kind of transition maybe a break up or divorce in between jobs looking for a job and so on. Hard to find a tenant that has their financial act together. So often landlords have to go with the least risky tenant.
I have learned that these people are called “PROFESSIONAL TENANTS”. These people know exactly what they are doing and why. They also are mostly familiar with their rights, and will push those rights to the ends of the earth.
They also recognize that the owners really want their money and would prefer that, over a civil lawsuit.
Nonetheless, I digress.
Thank you for your videos sir.
@@adrianjimenez6034 You're very welcome
In NJ the court does allow tenants to withhold rent for violations unthinkable the unit, however the tenant must have the full amount of the rent owed before they will send an inspector to verify. Otherwise the eviction goes through because the court knows to most of these claims are fictitious and even if they are legitimate it is a waste of time to investigate for a tenant that can’t or won’t pay the rent.
Thanks for sharing information from your state.
NH is the same. You must put the money into an account and show it's been there right along and that they served landlord with a demand letter stating such action is being taken. After landlord proves repairs are done they must be paid.
I’m very clear from day one if you ask for extra days I’ll still start eviction on the 3rd day.
What kinds of responses do you get from tenants with this approach?
@@LandlordAttorney they paid. They had no issue with knowing I’m starting the clock because so far they intended to pay and did on the day they promised.
I was fooled once so I learned a lot of lessons the hard way. 9 months without a tenant can bankrupt a lot of people.
@andreag8666 Right. It's only worth it if you continue to learn from it.
I agree with this because if, you choose to go down that road to be evicted, I choose so, on the earliest day possible.,
I've always paid rent with cash or money order. I prefer handing them cash and getting a receipt. None of my landlords took electronic payments.
That's awesome
I was a great landlord, got screwed so bad, NEVER AGAIN
@@montanaminck2226 Lessons learned.
that is not what a great landlord is.....
Myself also.
Same !! Rented to a police officer who destroyed the property !! Anyone using there employer for personal gain is a RED FLAG!! Anyone with 2 evictions or more. RED FLAG.
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That's appreciated
These are the reasons why I am getting out of land-lording. ✌️
Sorry to hear that. I know it can be complicated, but once you're ahead of it, it becomes much easier to manage.
@@LandlordAttorney~ My wife & i bought a Single Family House 🏡 within a half mile from a Hospital 🏥 8 Augusts ago; and, our 1st Tenant , an RN, turned out to be an alcoholic & financially irresponsible person. Her first checks “bounced”. Most of our Tenants since have been bad also. I’m discouraged but have a better plan for the future: FURNISHED FINDERS
home prices are up %50 in the last 5 yrs? what's all the crying about?
Me, a tenant. Thank you for the tips.
Me, an attorney. Thanks for the work.
@@LandlordAttorney💪💪
I've been renting a bedroom in my small home. Im in Southern California north of L.A. I charge $700 including utilities. I've tried to get first and last, but no one can come up with it. Last two times I've charged $300 cleaning deposit plus $700 rent, total move in $1,000. But I get only bottom feeders with shaky incomes. I have had people tell me they'll only give me $100 cleaning deposit or ask me to waive it. I ask for check stubs but calling employers is harder. Also, I get a lot of people who list relatives as former landlords, so I can't get a good character reference. It's too long a story, but I'm dealing with a grifter now.
I am also and looking for a way to get her out.
@@michellestewart9948I think is better to charge them weekly, that way it’s easier to evict, ask for one month security deposit and weekly payment of rent, that way if they don’t pay you use the security deposit to start eviction and weekly tenants eviction is faster.
In my rental lease agreement I have that I’m not responsible for any injury and they require to have rental liability insurance where landlord is the beneficiary, also I have move in check list, inventory list, appliances agreement, they are responsible for appliances repair and plumbing, electrical Mantenance, take pictures and video recording, I also write a note letting them know how much they will pay for extra tenant if they decide to add new tenants they have to pay, I also have extra rules sheet, 14 pages lease , it’s really hard to find a perfect tenant, I have to go through over 100 viewing before I find one okay applicant, I ask 2 months security deposit and it’s very hard to find a tenant to come up with 2 security deposit and first month rent
I knowrest this year they can only afford one month security deposit
It’s challenging to find decent tenants.
I knowrest also that tenant are looking to rent apt that they can’t afford, they qualify for a 2 bedroom but apply for 3 bedrooms apt.
I lied on my work record just to get in, I never stiffed nor short changed a landlord. I got into the 1st safe place I had ever lived in my life, it was a head start. I have also been a landlord and played like a fiddle, I gave people chances I rarely if ever got and was kicked in the butt - hard. Being a landlord is very difficult (for the small guys) Large corporate may be a different story - lack of responsibility for safe places is a big problem with big landlords, one the lower end of the income spectrum.
Thanks for sharing your unique experiences.
I have been a landlord (3 properties in total), and after 25 years of owning a home, I decided to rent. I used my savings to pay my monthly rent and bills because I didn't want to draw a lower pension. When I finally applied for my pension ( 8 weeks ahead of the first payment as required), it has been held up for a reason unexplainable (a fortune 250 company and everyone expecting their 224, Jan 01 retirement checks, are still waiting 15 weeks later. I expected to remain 4 months ahead of my rental payment (a senior living facility) and now I don't know what to do.
@@B_Bodziakwhat’s the name of the company that’s not paying? And do they know your new address?
Thank you Ernie!
You are always welcome.
I had a renter who bounced a couple checks on me. This was before things like PayPal etc etc. The bank suggested the next check be written out in my name so that I could cash it and then the renter would be left holding the bag so to speak. But I was able to receive the rent. Did that a few times and suddenly the renter wanted to pay cash for the rent. 😅
Glad you found a solution. However, at the first bounced check, that was probably cause to move on from this tenant.
I got scammed by a renter who provided fake pay stubs as proof of income. As soon soon as she moved in, she stopped paying. It took 5 months to evict her. It won't make that mistake again.
@@allann7333 That sounds rough, but I'm glad you were able to get them out.
The rent amount that I charge includes all utilities.
Renters hardly ever pay their trash and sewer bills, and the landlord has to pay those bills before another occupancy permit will be issued.
I do not rent to anyone whose employer does not pay them a per diem above their salary.
These contractors do not cause trouble, damage property, require legal action, or holdover.
They usually leave the property spotless and often better than they found it.
Thank you for sharing your experience.
What do you recommend for a landlord to do if a prospective tenant has a credit score of 625 and has just graduated? The tenant recently found a job, which is why he needs to rent a place in a different state where the job is located. Should his parents be co-applicants? Should I ask for a W-2 form? What documents should I request from him to verify his income/info? How can I protect myself from fraud in this situation? Should I require a larger security deposit from him?Additionally, if I live in one state but the property is in another, in which state should I open an escrow account? My bank does not offer escrow accounts for regular individuals, only for lawyers and businesses. Is it acceptable to place the security deposit in a separate account that is not an escrow account?Lastly, how should I sign the lease when we are in different states? Is it acceptable to do it over Zoom
@vilentlevale6471 First, if you operate rental property outside of Texas, I cannot counsel you on state laws or regulations pertaining to that state, particularly laws regarding escrow accounts or the limits of a security deposit. As for security, you might want his parents to sign a personal guarantee of the lease while he builds rental history. You will want to verify his employment by calling and confirming it directly with the employer. As for Zoom, I always prefer at least one face-to-face meeting before handing over the keys to a rental. Do you have anyone local who tends to your property?
I have someone who handles all repairs, cleans the gutters, cuts the grass, and does snow plowing for my rental property. Additionally, I have smart locks, a smart thermostat, and the ability to open the house remotely.
I am considering a prospective tenant who is 40 years old. When I called to verify his employment, I was unable to obtain any information due to HIPAA regulations. Currently, he does not have a job, his wife does not have a job, and he cannot provide any proof of income for himself or his parent. He plans to use his parent income to pay the rent, but I am concerned about accepting someone with no current income or proof of financial stability.but his future job if it's true,it's a good job..
@@vilentlevale6471 Sounds like too many variables. It is probably best to move to the next prospective tenant.
I made the mistake of trusting a family friend to run my property. In the UK, when you sign up with a wifi or water company, often times, it is for a fixed term contract and can be hard/impossible to get out of. So, you cannot transfer the bill to someone's name. I should have included the bills in the rent but I didnt - assuming they would pay me on time separately. Big mistake but definitely a learning curve!
Understood. It's a learning process.
I haven't seen any information anywhere online about inherited property evictions of a family member. Would the family member be eligible for an appeal if they made no payments ever? Thier name isnt on the title or deed of the house in question nor are they married they are essentially someone that refuses to leave.
Every JP eviction in Texas is eligible for an appeal, no matter the facts.
My second tenant didn’t have the full deposit…I’m waiting on the remainder and feeling like a chump.
It happens to the best of us.
Try to hit them up around tax-refund season.
Here to learn because im planning on renting out a property, i purchased and rehab last year
There's lots to learn. Best of luck to you.
@@LandlordAttorney that's the reason I haven't rented it out yet, I'm scared. But thank you so much 🙏🏽
In my state, passing a bad check in the range of a rent payment is a felony subject to large fines and even jail time. so I dont have much problem writing or accepting such checks.....Im a real nice guy for a landlord, I am known to be kind and generous and quiet spoken ...people simply call me "Godfather".....
@@johntucker2826 Thanks for sharing, Godfather.
Thank you for your video it helps allot. What website do you recommend to do background checks and screen tenants?
As a Law firm, we do not advertise any companies that do Background checks. We do encourage Landlords to be very thorough with their screening though. This video can also help th-cam.com/video/etW6OUNvveQ/w-d-xo.htmlsi=HuuHYutuzMLa_lKl
My tenant fake a false receipt and i had to wait more than 4 months before getting to trial so the judge could take them out of the property.
Thanks for sharing. It's amazing what people can create with their computers nowadays.
around here, its two weeks.
Can you take the rent for the month than few days give him notice you want your property back so you don’t lose a month of payment ?
Are you asking about paying last month's rent and deposit upfront?
What is the typical charge for a landlord attorney to help get a tenant evicted for non-payment of rent?
If this case is in Texas, our retainer is $1500, but generally the fee depends on the county, number of defendants, etc. If you have a more specific question, you can email us at info@attorneyeg.com. We'll be happy to help.
Thank you
@@LandlordAttorney
@@billl3936 You're welcome
My eviction lawyer was only 199.00 and they go to court for you. You don't even have to show up. They also charged me 75.00 to post the 5 days notice to pay or quit and to mail that notice by certified mail too. Then I paid an additional 50.00 to have the Sheriff officer to post the final eviction notice on the door.
@genew5758 thanks for sharing.
If you have a month to month mouth lease can you raise the rent and if they don’t pay can you do the 7 days notice ? Thanks
Here's a video on the topic th-cam.com/video/3CsCJQU6PcU/w-d-xo.htmlsi=B3_hSFEo5AhxeD8x
We have a rental property and the local utility company will not allow a tenant to have it in their name. It always stays in the landlords name which means we are the ones holding the bag if the tenant doesn’t pay.
You might seek a higher security deposit on that basis.
What state and county is that property?
Just keep paying the utility bill yourself, and include the estimated charge into the tenants rent (plus a bit more). They pay full rent each month, or they are out.
Hi sir. Would you agree that adding a stipulation that the tenant must maintain "housekeeping" standards and that their "housekeeping" will be checked every 6 months, is unlawful and in fact a reportable human rights violation?
Not a human rights violation, but it might be difficult to enforce, so it's not the best idea.
*I have kind of a complex question that I CANNOT find the answer to no matter how much I search google. So My issue is this: I live in New York, and rented from my previous landlord, lets call him E, and I now have a new landlord, lets call him C. Before C bought my building, E let me know that he "transferred my lease" to C. I paid first and last month's rent to E when I first moved in, but he didn't mention if he sent my last month's rent to C with the 'lease transfer'. I plan on moving out of new landlord C's apartment when the 1 year lease is up. Should I expect to not have to pay last month's rent my last month there? What happens if my previous landlord did NOT send my new landlord my last month's rent, and I am not able to get in contact with my old landlord to ask him if he did? Please help lol*
Well, as I am licensed only in Texas, I cannot give legal advice for a NY case. You may want to seek local counsel. However, if there is a new owner of this lease, that should include whatever future obligations exist with regard to this lease. Without seeing the lease, I can't tell you whether you paid for the last month's rent in advance or whether you paid one month of rent as a security deposit. To know more clearly, refer to your signed lease.
The new owners have to honor your lease signed with previous owners
Contact the new owners to find out this information give them a copy of your lease
The new owners ‘s realtor and attorney handles all rental documentation it’s part of purchase contract
When I sold my rental property I have to hand over rental lease with security deposit
When I purchased a rental property with tenants in place stop paying rent and I have to evict them I was handed over their lease with rent payment history it was in Covid time tenants refused to pay rent
As new owners they told me they have the money but they don’t have to pay me the said 😂 it was a nightmare I finally got them out
I believe in karma
Professional tenants will never get ahead in life because they are too busy thinking how they will scum their landlord
How can you shut utilities off if it’s winter you need heat and pipes will burst
Don't shut utilities off at any time of the year.
If the utilites get shut off, make sure they don't disconnect, but instead the utility switches the billing back to yourself. Frozen pipes will cost you much more than a utility bill. Evict the tenant for the switch.
Very helpful, thank you!
You're welcome
Here in California, they say there is a housing shortage. Well, that's not a surprise. California is such a renter friendly state. Just the fact that you have to go to COURT to gain possession of your own effing property is unbelievable. I'm fine with giving 30 days notice when I want them to go, and 60 days notice if they've been there beyond a year. Aside from that, if they overstay I should be able to put them out myself. There is no reason to involve courts. If you want to stay somewhere and not pay, get your own place and see how that goes. You'll have what's called a foreclosure and lose your place to the bank.
And why does it matter why I need the place back? I don't care if you've been there 20 years, if I need my unit to house my family member, or I'm selling it, or I'm just sick of your face, I give notice and goodbye. I made the mistake of letting my daughter's boyfriend move in to my guest house with her, he's been there 4 months, now I'm having to hire a lawyer. Eff this crap, never doing this ever again. I have a beautiful 2 bedroom guest house I was renting under market including all utilities, and I have an adorable trailer at my RV hookups I'm renting under market, but now I'd rather let them sit and make no income then let this happen again. Too bad honest tenants. California laws ruined it for you. I could have housed 4 individuals in these and they would have enjoyed my one acre property, I have a massive fenced yard and a 500 sq ft "catio" for their pets, pool table, bbqs, firepits, archery range, beautiful place - but forget it now I am never, ever doing this again. California makes it impossible for a small individual landlord to ever profit, renters are allowed to do whatever they like and lawyers will represent them for free. WTF. Never again.
100% you can thank Gavin gruesome Newsome for passing AB1482 during his emergency power for Covid making rent control for the entire state of CA. REMEMBER on ELECTION DAY!!!
what ideas do you have when it comes to renting a room in your home? is it all pretty much the same?
There are numerous complications. You will need a clear lease with specific boundaries and precise limitations. You will want rules in place for guests, noise, pets, use of common areas, insurance, parking, etc.
It was a nightmare for me, I never stated about guest spending the night. She brought her boyfriend and the guy was rude she was thrown out the next day.
@@LandlordAttorney thanks.
@@memo-td6um oh wow. good move.
Check with a local eviction attorney to create a one page lease. Your lease should allow you to give them 5 days notice or a week to move out after the end of the week inwhich they paid for. They should be allowed to give you 48 hours notice to leave. Only do it if you can rent week by week. Collect 2 times the weekly rent for security deposit. Charge for a full background check because there past problems are going to be your problems if they do something stupid like file to get a restraining order against you in your own house. Don't include utilities in your lease (but if they use what's on then that's ok). Payday is every Friday by 6pm. Before you give them the keys have them pre fill out their 3 day (depending on state) notice to vacate for non payment without the date. (They need to understand your serious) Don't rent to anyone with an eviction. If you rent to someone without a car, it will be harder for them to just pick up and move out when you want them too. If you pick someone that is under 26 to rent your room, they will know a lot of single people that they can go sleep on their couch if they need to. Lady's are more likely to bring guys over to visit or stay the night. You need to interview all housemates you rent a room to in your own home. Don't even mention an application until you have met them in your home face to face and have determined they are a good match. Then have them fill out a detailed application and tell them you have a professional screener that will run their application. Background check etc. And lastly know what you arnt looking for in a house mate and don't take more then one weeks payment up front, it's too hard to evict someone that allready paid.
Wow, great stuff
Thanks
I had a tenant pour black paint in the sink and can it mold during inspection. I called them on it , we sat down and talked. Next thing they replied was rent was to much. They ended up abandoning the property. I refunded the remaining rent for the month. Used the deposit as needed and returned the rest. Everything went great as I immediately acquired a new tenant.
That was fortunate for you. It doesn't always turn over so smoothly, but it's always good to hold tenants accountable for lease violations. Good job.
I return the deposit so I can sleep.
I don't want a visit from a vandel
Thanks
You are very welcome.
Great video!
Thanks
During my rental years I always paid my bills and like my home orderly. I usually stayed 4 to 6 years and have never even lost a damage deposit lol. I did usially have to leavean extra damage deposit because of the type of k9s I keep but as I said I did not lose any deposits.
Thanks for sharing!
thanks.
You are very welcome.
My lease ended on 09/30/23 and I failed to give a 60-day notice. So, the landlord charged me $3452 which is two times of Month to Month rate. At first, they said it was the lowest price that they could give. But, when we reached out to corporate management, they lowered the price down to $2852 which is two times of my original rent. However, on the lease contract, it says the landlord also should give us a written reminder before 65 days of my lease end date. And it also says if they fail to give me the reminder, I am only responsible for 30 days notice.
My question is that am I still responsible for 60 days of rent fee if the landlord failed to give a reminder?
(The landlord is arguing that they have put the notice in front of my door, but I never got any notice. Nothing on email too.)
Please help me out. Thank you.
Is this property in the State of Texas? If so, I'd be happy to offer my office's services. If you're not in Texas, I recommend seeking out local counsel ASAP.
Yes, it is in the state of Texas. It is under TAA lease contract.@@LandlordAttorney
Attorney Ernie, I have received an email from 'satisFacts' before 65 days. Email title with "we want feedback about your satisfaction" and when I click the email it says "thinking about renewing lease? we would like to hear about your stay here, click the button to take survey". Does this email count as a reminder to move out? or a reminder for lease renewal?
@@준서-m6n, this is a question for your landlord. If I were you, I'd make sure I heard precisely from them what they will accept and what they will not accept. This way you will know if you have a future with this landlord or if your best bet is to start looking for a new place.
Sorry I think there was a miscommunication. I have already moved out and the landlord has the key now. My current situation is that if the landlord has gave me the proper reminder notice before 65 days of my lease end date. So I was wondering if this survey email counts as reminder. Because I did not get any other reminder than this survey. Thank you for your replies!
Legal and what’s right are two different things. I’m surprised more landlords don’t lock non-paying tenants out and move all their stuff out, even if they have to pay for storage for a few months and give the ex-tenant the key to their stuff.
Illegal lockouts do happen, but they're illegal, so I don't recommend them.
In New Jersey you can be arrested for doing a self help eviction. The only legal eviction is though the court and the use of a court approved constable.😊
@@charlesphilhower1452As they should be. That's insanely illegal.
@@sl4983 The laws are getting more and more corrupt and go why to far to protect deadbeats.
And as a homeless person i can't even get work without a place. Pueblo Colorado sucks or im to stupid. Most days i wish my heart would just give up
Hang in there, buddy.
I have a tenant who was given a sixty Day letter.
Stating, I needed to rent her apartment out to a relative. Am I an owner-occupied property The tenant was the supposed to be out by March 31st.
She is refusing to move. Until April 15th, which I informed that she could not do. She also took it up on herself to use her security deposit as a last month rent without my permission. What am I to do?
Is this a Texas lease? If so, a tenant can't use their deposit as rent in any month without the landlord's permission. To me, it sounds like the last month of rent went unpaid, and eviction would have been proper on that basis. Has anything been paid for April? If not, you may want to send a notice to vacate and begin the eviction process because this tenant may not actually leave on April 15.
I have a renter in Illinois who has not paid May & June but has caught up on her last couple of months of rent (July, August, and September). She said that she won't be able to continue paying her rent because of medical issues with her husband and therefore wishes to terminate her lease early, moving out end of October (instead of the end of January which is her end of lease). I have slapped her with a couple of late fees, as she always paid her rent late. What recourse do I have? Can I have her sign a letter (agreement), that states that I will allow her to break her lease early if she promises to pay her existing rent and what she owes me before the end of the year, or else face legal action? Is this even smart?
If you have an acceleration clause in your lease, you can charge all the way through the rest of the lease. However, you are obligated to mitigate your damages and find a replacement tenant ASAP. Once you have a replacement tenant, your damages have been capped. So, if you got two months without rent, that's the max you can charge.
A landlord is not a bank.---The unexpected expense for your daughter's 3rd husband is not to forgo paying the rent.
Ouch.
I have a roommate who came to stay for about a year, then quit her job and is not even looking for one? I just want her to leave. How can I get her out of my house?
@@michellestewart9948 If this is a long-term guest and if you live in Texas, here's what I've advised in the past: th-cam.com/video/ddcdXJom8A0/w-d-xo.htmlsi=VbzA5RwROiW-56XC
I would start eviction right away, if you are a tenant talk to your landlord or move out immediately, if the other tenant is not in rental agreement with your landlord then you are responsible to pay her rent
WA state now requires that if during the move in process the potential tenant requests a payment plan for a security deposit, you must grant the request. 🙄
Wow. Thanks for sharing that.
@@LandlordAttorney NP RCW 59.18.610 is very annoying because we cannot deny the request. And It is always these people who end up not paying rent.
That does not make sense because that leaves the landlord with out security if there is a problem after the tenant moves in and increases the probability that the landlord will need to evict because of a default on paying the security deposit.
@@charlesphilhower1452 Most things here in WA do not make sense.
@@charlesphilhower1452welcome to Washington!
When am I justified in keeping a deposit if tenet can't move in?
Depends on the reason why they can't move in and on state law. Are you in Texas?
I understand from your video that a landlord when the tenant has no intention of paying them, as in when they are in the middle of an eviction. BUt ... if the tenant represents that they had transferred the utilities to their own name, and then if all of a sudden, the landlord receives a disconnect notice, can the landlord just ignore the notice?
Turning off the utilities is is a violation of Section 92.008 of the Texas Property Code, unless there is some kind of construction and/or repair that needs to be done in the unit.
@@LandlordAttorney Yes -- I understand that I cannot proactively "shut off the electric"; was my first sentence -- but I was trying to make a distinction between calling the utility to TELL THEM to shut off Power (which is illegal), compared to service that the ; I'm asking if I have to continue to support these people who aren't paying, even going out of my way to write checks to utility companies, or whether I can ignore the past due/disconnect notices? The result is the same, but is my to a disconnect notice is more passive, rather than actively changing locks, or calling utility to shut off electric? Or would the courts think that I am trying to make a false distinction?
@@tomporter2328 can you share your experience on what happened with your tenants eviction? Thanks
Thanks so much for the info
You are very welcome.
Thanks
@@kitchow5317 you're welcome
How about a smuck who vets fine, then 3 months into their 12 month lease they quit their job to take another they can’t afford all rent? Is that enough to give 30 day notice to vacate?
no. They have to be late over 5 days, then get an eviction notice.
If the tenant is in default, you can issue a 3-day Notice to vacate and start the eviction.
Issue to vacate.
Is that someone I write up myself?
Or
The courthouse gives it to me first to give to the tenant?
@@stevepope5484 You can find forms online for that, and there is software that will write it up for you for a fee (online legal sites)
@@stevepope5484here in ct we go to a Marshall office to serve a legal notice to quit or vacate for non payment of rent
Hello we have another rent that left without verbal or written warning left. they left and we keep on calling calling to see when they were going to pay rent. the been there for 5 years and they was floor damage they we had to rip and all up and put down new how long do i have to take the to court.? they left in Oct2023 but we couldn't get a hold of them until Jan 2024. can i file for property damages.
Your ability to sue is based on a number of factors. Are you within your state's statute of limitations? In Texas, a party can sue for breach of contract within 4 years. If your state has a similar rule, you should presently be able to file that lawsuit.
Hello I gave a missouri notice to quit for unpaid rent on the notice it was non payment . i the space if the rent is not paid in 3 day the tenacey shall terminate and the tenant must vacate the premises by i gave 30 days. The question is do i have to wait until the 30day then file with the courts.?
Generally, if you state that your tenant has until a certain date to do something, you have to wait until that date. It's especially hard to comment on your notice without being able to read it or your lease, which might also have key information about this process. However, you will want to seek out a local attorney licensed in your state. I'm licensed in Texas only.
I have the deposit money but the landlord wants me to Zelle it then sign online and get an access code to the unit. The unit I visited was a keyed entry. I asked why do I need an access code and haven’t received a response. I asked when we can meet in person to exchange the payment and the keys. Question ignored. Is this just a scam?
@@MonaLisasApple Maybe. Sounds odd. I like in-person transactions for leases whenever possible. Bad communication is a terrible sign.
Is there a formula to use to establish the security deposit? Someone told me that it should be about the same as the rent payment. What do you think?
A good security deposit is based on multiple factors. There is no one-size-fits-all amount for deposits.
it is regulated by law in your area. You can only requires so-much deposit. Get all you can
Actually that's abuse from the landlords to assume is not legal or would be liable in court
Not sure what you mean. What would be abuse from the landlords?
Wished you were my lawyer!
thank you for your kind words.
17:54 So the tenant works. They get paid on March 17. Luck of the Irish. Why would they not put away from that paycheck the amount needed for April rent? Make that make sense.
Nah. That that's too early.
@@LandlordAttorney Well…then pick a different date.
My apts are charging me $125 late fee because the grace period is the 3rd of the month and i slipped my money order thru the door on the 2nd which was Saturday. The 3rd was on a Sunday. Come monday i got the email for the late fee. This doesnt seem fair as they are unavailable to collect on the 3rd
That's going to hinge on the terms of your lease. What does it say about how rent is properly delivered?
@@LandlordAttorney it doesnt specify it just says the 3rd of the month
If this apartment complex is in Texas, we'll be happy to help you review this Lease and draft you legal strategy on how to proceed. Please feel free to reach out if you need help lawofficeoferniegarcia.as.me/schedule.php
@@LandlordAttorney Yes im in Texas, do u have a number i can reach u at?
I have a question? I noticed as I look on TH-cam and I listen to everyone it seems that they are catering to the renters the ones that are taking advantage of the landlords I don't understand I even went to file at the courts and I see that they have places there where they can help the renters some of the renters that have taken advantage of the landlord they're always giving help but what about the landlords they are the ones that's taking taking crumbs and being taken advantage of they need to change things change things and help the landlord is going through things with renters that are being untruthful,
This is why I'm here every day. I know that most people give free advice to tenants, and many look forward to giving tenants the advantage in a kind of rooting for the underdog scenario. They see these lawsuits as black and white issues of those with property and those without it. They don't understand the risks that landlords take, so they can't see anything but injustice when a landlord wants to recover possession from a tenant who can't (or won't) pay.
Some lost ideas here too this is utube but 98% good
Like what would be proof that animal is emotional support ? The service animals have training and etc
It is within your rights to request verification of the fact that ESA is justified as a necessary medical therapy.
A letter (on letterhead) from a doctor or LCSW (with medical license #) stating the person is disabled and needs the ESA.
Im homeless and don't know how to even find much less get into a place. 😢😢😢😢
You can try contacting the Justice Court in your city now for information on assistance for housing available for someone in your economic condition.
Never take personal checks for the first month’s rent and deposit!!!!
Good advice
Actually, it's hard to get a paper checking account these days. You have to have good credit, and prove your identity to even get a checking account.
And always watch for hanger ons , emotional support animals are not registered service dogs , it's a violation of law to claim they are. I include the eviction start in the lease by putting in that after the rent goes by 30 days unpaid they agree to vacate the property. In 15 days upon notice from landlord
Thanks for sharing.
Emotional Support Animals are covered by Fair Housing Act. If the tenant has a disability, they can legally have ESAs which are exempt from pet rent and pet deposit. Violating that is discrimination (a federal offense), and last time I checked, first violation costs you $21,000+ second violation costs you $65,000.
Tell me cause I need to know...my landlord needs to be scammed
Come on. Don't be that guy.
@@LandlordAttorney hahaha lol no I'm a law abiding citizen...just having a little fun lol 😂 I believe n treating others like I want to be treated..
@@imanjones8240, you had me there for a second.
I'm in Wisconsin I'm getting evicted because my fiance left after years of being discriminated against now I can't afford the apartment and she made me get rid of my emotional support animal and I have a doctor's statement that I need need a emotional support animal due to PTSD and Anxiety and depression
If you can’t afford the apt is time to move out before you get yourself an eviction record
Ernie I have a renter who says they can't pay the WHOLE deposit ... Is a sect 8 renter yet the state say it's discrimination and LL will be FINED so the state making me do this a do the renters. I talk to sect 8 and they said .. It's my rental yet the DA say I could be FINED. This is all double talk. So you lawyers out there in the podcast world .... What do you say when the renters wont comply yet the legal system hold us hostage? Us small mom pop business who also PAYING the city to do business in the city? Hippocrites SSSSS
Unfortunately, I am not able to counsel you on California laws as I'm only licensed in Texas. I do know a good Landlord attorney in California though: The Kian Law Group, Inc. (949) 424-8206 g.co/kgs/Jtj27GX
Interesting working for slumlords
I'm the Landlord Attorney. The Slumlord Attorney has his own channel.
Cashiers checks can be faked easily
Easily?
@@LandlordAttorney just Google the people that try to pay with cashiers checks for craigslist stuff
Can I legally move back into my property after issuing a 3 days to quit to my tenant that has not paid in full?
My tenant has been very late to pay rent since they moved in aug 2023 & breached the contract having a dog at the property. The lease states no animals. Once i issue the 3 days to quit can I move back into my property with the tenants? I know this is wild,but I will do it.
In tx
No. That's not legal. You transferred the right to exclusive possession to your tenant. The only one who can remove that right in Texas is a judge, so the full eviction process is necessary before you are able to recover possession (assuming the tenant does not vacate voluntarily).
@@LandlordAttorney thanks for responding!!
@liltuna777 no problem. Let us know if you need any legal assistance.
WRONG @13:06
It's impossible to prove an animal is an esa animal..😂. There's no certification or for ESA ANIMALS DO HOW WOULD THEY POSSIBLY PROVE THAT TO YOU ?The only thing you can ask for is a doctor's note or something, but it's about the PERSON. NOT THE ANIMAL.
I could have an ESA tarantula if I wanted to 🕷️🕸️
It's about documentation. Upon Landlord's request, the Tenant should supply documentation from a licensed medical professional indicating the medical need for an emotion support animal.
*The landlord said she spent 3k on painting the walls before we moved in... My brother in laws are in construction.. dry wall.. etc. And when I told them she spent 3k on painting the walls.. They almost fell over in laughter..I am not going to pursue any of the deposit.. I feel bad that we couldn't give a 30 day notice.. She can use the security deposit for that 15 days.. We are not GREEDY people.. But my God... She was trying to pick my pockets on the way out*
Proof of payment is not actually enough. The Landlord would also have to prove that the work paid for was itself reasonable if any amount of it is going to be charged to the tenant or deducted for the tenant's deposit.
you will forever be paying for the work she put into the property you are moving into every month for as long as you live there + 2% increase in rent each year, some landlords are just greedy
@@rochester3 seriously, what level of rent would be fair commerce and not "greed" in your mind?
@@LandlordAttorney definitely not 2200 for 1 bedroom 650 sq feet apartment ..i live in Toronto.. 1200 for 2-3 bed room would be nice
@@LandlordAttorney *It's not nor was the rent amount... It was the GREED she exhibited after I moved out and had no issues with her keeping my security deposit... She wanted an additional payment for the 15 day notice.. I handed her the keys and wished her well*
In California rents are 2.8k for 2 bedrooms 3.2k +- for a 3 bed how is it that’s a family asking for a bit more time to give that 1 deposit after giving their first months rent wrong? Why should it be normal to rent a place giving 5.6k to move in? Asking for time DOES NOT CONSTITUTE BAD TENANT. I’ve seen places that ask for a down payment even if credit is good. So, landlords can also be very greedy.
The real question is, "Can this particular family afford to live in this particular house?" The honest answer may be, "No."
They don't have to be bad people to be a bad fit for a lease that is out of their budget. This is a business decision, and business principles should be applied.
Welcome to North Dakota! Rents here for a 2 Bedroom apartment can be as low as $600/month!
@@kianbb2031 There you go. Most problems have a solution. I'm happy we worked that out.
@@LandlordAttorney like gentrification? And I’m speaking from a stand point where a tenant has the qualified income but the landlords looks for a way to push 2 deposits in “not enough rental history” I’ve seen it. You can’t argue with me that there aren’t greedy landlords if you believe there are terrible tenants.
@lenamasverat No, you're right. There are both bad landlords and bad tenants, but shrewd business strategy is not the same as greedy business.
Slumlords GREED
Tenant breach
Just what we all need, a big fat lawyer sympathizing with overpaid slumlords.
Go check your prostate.
It must be tiring to be a professional victim
ESAs are not covered by ADA only true certified SDs are. ESAs are a joke and you have every right to count them as a lease violation.
For landlords, you would need to refer to the Fair Housing Act on a federal level and any such legislation on your state level. The FHA differs from the ADA, particularly on the matter of emotional support animals.
@@LandlordAttorney I personally have a legitimately certified SD through K9s for warriors. Trust me Ive been made well aware of the fake service animal industry and we as landlords need to educate ourselves and start cracking down.
ESAs are covered under Fair Housing Act and do not count towards the Pet Limit. For example, if you have a limit of 2 pets, a tenant can have 2 pets plus two ESAs for a total of 4 pets.
On the flip.side I've been scammed by a slumlord