Posted: 1/20/2015 11:27:15 PM EDT
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Hey guys. Got a bit of a situation and I'll try to keep it short but it requires a bit of background.
In one of our rentals (small efficiency) we have a tenant who is month to month. He had a year lease and at the end of the year (Sept 2014) he asked to pay month to month until Spring, at which time he would be moving in search of a larger place. My wife owns a large daycare and this guys kids went there for years when they were young. He always was pleasant and always paid on time. He would also do things when he was dropping/ off picking up kids to help out. Like fix a swing or shovel the walkway if it needed to be done. He went thru some hard times, got divorced yada yada yada. We agreed to rent him the efficiency without a security deposit. He is currently paying a lawyer to fight for custody of his kids. Never had a problem with this guy. Fast forward to Nov.....No rent. Chased him for a few weeks and he finally paid. Dec.......no rent. Texted him a few times and he was obviously shitfaced and stated that he didn't have the rent and if we pulled into the driveway to collect it " we would be sorry" I let him cool off a few days, contacted him, he apologized and I got half the rent. Two weeks later we got the rest. Problem now is that it's Jan and he owes us another month. It had become apparent over the last two weeks that he basically is drinking from sun up to sun down every day. He is ruining the apartment and I have the documentation to back it up.. (we also filled the K1 tank for the monitor because he had the wrong shit put in the tank, screwing up the monitor heat and causing us to pay to have it fixed.) He had no money to fix it and no money for the correct oil. So he owes us for that as well. I went to the local PD (small town, know them all) and told them what is going on and about his comment (we'd be sorry if we came down for the rent). They sent an officer down to speak with him and he told him that we would not pursue him for the money or the damage if he was out by Jan 31st. He was drunk, and told the cop to GTFO and that he has rights and isn't going anywhere. He also tried to file a complaint against us for harassment and the officer laughed in his face. He owes us money, we can legally notify him as many times as we'd like . The officer also commented to us about the condition of the apartment stating that he has no idea "how anyone lives like that". So here's the deal...In Maine you have to serve a 30 day eviction notice, then wait two weeks for a court date if he's still there after 30 days. So at best, we're looking at him living there for free until probably March. I know once he gets the evic notice we will never see another cent from him. For the past three weeks we have been trying to get paid and he keeps telling us his lawyer will be in touch because we are harassing him. We asked to contact his lawyer directly and he will not give us that info In Maine, it is also illegal to have utilities shut off to a building if there is a tenant in a unit. As far as I can tell, that means if he has an account with the electric company I cannot call the electric company and tell them to shut his power off. However, the electricity is in my wife's name. He pays the bill directly to the power company. The electricity is not in his name because the power company won't turn it on in his name because he owes them money. He pays the elect bill every month with a bank check, but the account is in our name . My wife wants to shut the power off. She contacted the power company for advice and the power company told her over the phone that she was crazy to keep the power in her name if the guy wasn't paying the rent. They told her they could legally send the tenant a notice stating that the power would be turned off in 7 days unless he switched it over into his name. We have no agreement with him to supply him with electricity and again, there is no lease. Our lawyer told my wife this morning that we could potentially open ourselves up for a lawsuit if we shut the power off. Again, the power company is telling us that we are under no obligation to supply him with power if it is not agreed to on a lease. They also told us that if he has the power switched over into his name that we can not call and have it shut off (same thing the law states). The law also states that the power company must verify that there is no tenant in there before the power is shut off and the power company is still telling us they can absolutely shut it off if it is in our name and there is no lease if the tenant fails to have it put into his name. Unfortunately for him, he owes them money which he does not have and they won't give him an account. My take on it is that we don't legally have a tenant in there, so we'd prefer just to have the power "shut off". If he chooses to stay than so be it. I understand that it's a lesson hard learned, we've been renting to tenants at three locations for 15 years, this guy just bit us in the ass. Won't happen again . So, my question I guess is, as legal council, how would you view this shitstorm if this guy approached you looking to be represented and you had all of the facts? ETA: also interested in hearing from any landlords on what they would do given the circumstances. |
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can you lock him out the second he leaves the building
if so I would hire someone to stake out the place and either notify you immediately or somehow change the locks when that happens then you can get his stuff out and put it off the property and let him deal with it sounds like he is a loser and is just drinking away his problems and nothing good can come out of that |
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Quoted:
ETA: also interested in hearing from any landlords on what they would do given the circumstances. If he's not paying his rent, he isn't paying his other bills either. He's hurting financially. You already realize that you're screwed one way or the other, so I'd try to minimize the screwing that I'd get. With that in mind - tell him that you'll give him $500 in cash (fan out five 100 dollar bills for him to see) if he will be out by <insert desired date here>. Tell him if he can have his things out and somewhere else, you'll give him the $500 in cash in exchange for the keys. On the actual day that you exchange the cash, have him sign a lease cancellation letter. As soon as he walks out the door, change the locks. Now, you'll have to swallow the idea that you're giving this POS money to get out of your place, but it will end up being cheaper than a lawyer, and the eviction process and lost rent over the next few months. |
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Nope. It is against the law to force a tenant out by changing the locks, taking their personal property or shutting off utilities.
The shutting off utilities part appears to mean that I can not shut things off that I have agreed to provide or shut utilities off in his name that he is paying for just because I own the building. |
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Tell him if he can have his things out and somewhere else, you'll give him the $500 in cash in exchange for the keys. On the actual day that you exchange the cash, have him sign a lease cancellation letter. As soon as he walks out the door, change the locks. Now, you'll have to swallow the idea that you're giving this POS money to get out of your place, but it will end up being cheaper than a lawyer, and the eviction process and lost rent over the next few months. I honestly don't think he'd leave. He already owes us $1200 and he ain't going to find another place to live w/$500. It is more cost effective for him to stay put and he knows it. Not to mention he's done about $4000 dollars worth of damage to the unit. I'll hash that idea over with the wife, but I'm fairly certain she is going to say fuck that. We offered to let him stay till the end of Jan and walk away scott free if he was out by the 31st and he basically told us to fuck off. He also seems to be around more during the day so I'm assuming he's not working as much. Always has money for beer and cigs tho. Maybe I can tell him I'll do that and once his shit is out change the locks before giving him any cash. Then if he pursues it legally I can tell the court I thought he moved out cause the place was empty  . I'm not normally that big of a dick but in lieu of everything we've done for this guy I don't feel I owe him anything. Including honesty. He had the balls to text my wife Sunday and said he would like to work this all out thru his lawyer with no hard feelings as he needs us to help him with character references in June when he goes to court for custody of his kids. Are u kidding me?
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so you cant cancel the utilities on a building you own or pay for
because he can have them put into his name bad credit or previous fees due is not your concern or problem he is an adult and is trying to live or use that building you rent to him, he is not a child and has responsibilities its not like there is no way to have utilities there once you cancel them under your name he can put them into his name if he refuses to thats his problem he can buy a generator and bottles of water then so you might as well start the eviction process asap get that going so it will end quicker |
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Yeah the lawyer was drawing up the paperwork today. I am going to talk to him tomorrow again about the utilities. He says I can't do that. However I have to question whether he is correct on that. Hate to question a lawyer....but...my wife may not have been clear that the power is in our name.
The power company has to answer to the public utilities commission and they are well aware of the problems they face if they shut power off to a tenants unit. It is illegal for them to shut the power off in the winter for lack of payment, too...if you already have an account. He does not. By them telling us they will send him a letter stating he must switch it into his name within 7 days or they will disconnect it makes me believe that they can legally do it. They have a lot more to lose than I do. I also know for a fact that he owes them money and cannot get an account set up in his name. Not my problem. |
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Quoted:
Yeah the lawyer was drawing up the paperwork today. I am going to talk to him tomorrow again about the utilities. He says I can't do that. However I have to question whether he is correct on that. Hate to question a lawyer....but...my wife may not have been clear that the power is in our name. The power company has to answer to the public utilities commission and they are well aware of the problems they face if they shut power off to a tenants unit. It is illegal for them to shut the power off in the winter for lack of payment, too...if you already have an account. He does not. By them telling us they will send him a letter stating he must switch it into his name within 7 days or they will disconnect it makes me believe that they can legally do it. They have a lot more to lose than I do. I also know for a fact that he owes them money and cannot get an account set up in his name. Not my problem. yeah I figure he can sucker a friend into getting that stuff in their name because if he's not paying rent, he is not a renter but then I know nothing about all that legal crap, seems like its always in favor of idiots and not common sense |
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I'd try the $500 offer to move out. He may take it figuring to go crash with friends / family. Doesn't hurt to try it. If he will not move for $500 be sure point out to him he is also getting the rent he has failed to pay. Sounds like a drunk that crashed and is now burning. |
| If your lawyer is recommending that you not shut off the utilities, then I would not shut off the utilities, regardless of whether the power company says. You are paying your lawyer for legal advice and you should probably heed that advice. The electric company will not be responsible for any judgment that may come out of a unlawful eviction action or for any of the costs in successfully defending yourself. |
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If your lawyer is recommending that you not shut off the utilities, then I would not shut off the utilities, regardless of whether the power company says. You are paying your lawyer for legal advice and you should probably heed that advice. The electric company will not be responsible for any judgment that may come out of a unlawful eviction action or for any of the costs in successfully defending yourself. I agree. Wife does not. Waiting for lawyer to call back and clarify before we do anything. Eviction paperwork was started yesterday. Shit bag texted my wife today and said he would like to meet with us and thinks he has his finances in order. Not happening. He's obviously become unstable due to the booze.I would like to meet with him to collect what he is willing to pay but don't think I'll have time to do that before he gets served. I need to ask the lawyer if ignoring his request to pay will hurt our situation. I also need to clarify with lawyer what the eviction notice says. In Maine, you can evict an at will tenant with a 30 day notice without giving a reason. If he put "lack of payment" on it, I may not be able to collect what he owes and continue with the eviction. Sorry for fuzzy details- My wife is the sole owner of the property and she was the one who spoke with our lawyer. I'm going to try to clarify a few things with him tomorrow. At this point it's not about the money. He needs to go. ETA: Thanks for all of the tips and suggestions so far |
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Update:
Collected partial payment Thursday afternoon. He left us with a note with the payment outlining his plan to get caught up on the rent over the next few weeks. Funny how just 24 hours prior to that he was broke. He was served last night by the Sheriff. He's not happy. Just found out his kids are currently staying there so we will definitely keep the power on until he vacates the property. He has 6 weeks to vacate or the Sheriff will physically remove him . It's amazing how far some people will try to push you until they realize you aren't fucking around. |
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Update: Collected partial payment Thursday afternoon. He left us with a note with the payment outlining his plan to get caught up on the rent over the next few weeks. Funny how just 24 hours prior to that he was broke. He was served last night by the Sheriff. He's not happy. Just found out his kids are currently staying there so we will definitely keep the power on until he vacates the property. He has 6 weeks to vacate or the Sheriff will physically remove him . It's amazing how far some people will try to push you until they realize you aren't fucking around. Collecting a partial payment may reset the clock on him depending on your state's laws. |