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Yolanda
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| Joined: | Wed Mar 1st, 2006 |
| Location: | Texas USA |
| Posts: | 293 |
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Posted: Tue Jul 15th, 2008 10:49 pm |
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LL Laura and OH LL gave you excellent advice. Give them a notice to pay or quit immediately. This will cover you in case you need to take them to court. If you cannot find a form, you can google or research. You were willing to work with them on the rent, now they are in default for non-payment of rent. They both are liable for the rent regardless of who paid what, when. If they do not pay within that time frame, you can take them to JP court.
Just a word of caution. I am not an attorney, but you could possibly be held liable in the state of Texas if you do not return his clothing. There are certain items you cannot keep such as pictures and clothing. If he is saying you cost him $500.00 and he can prove it in court, more than likely he will win if he could not work. I had a similar situation happen to me, as far as keeping an item due to non-payment. I kept a chain saw and I did not know that I could be held liable. Since the chain saw was used in his job, he did not have the tools necessary; therefore, could not go to work, losing wages in the process. My attorney revealed this information to him in front of me and told him he could sue me. I was foreclosing on him for non-payment of the mortgage! Needless to say, I no longer use this attorney. New landlord/tenant laws have been written within the last year. Just be careful and know the state statutes and local law. Good luck to you and keep us posted!!
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OH landlord
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| Joined: | Wed Sep 12th, 2007 |
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| Posts: | 506 |
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Posted: Mon Jul 14th, 2008 12:57 pm |
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| Quit listening to his or her stories. Neither one has paid the rent this month and both are liable for the WHOLE amount. Their own agreement about who pays what is their problem. Both are liable for the entire rent amount. Serve the Pay or Quit notice that Laura spoke of on BOTH tenants. He has a lease and has no right to terminate it by moving out. He is still liable for the lease, even if he does move out. Serve your pay or Quit, then proceed to evict BOTH tenants under the courts.
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LandlordLaura
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| Joined: | Mon Aug 21st, 2006 |
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| Posts: | 1117 |
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Posted: Sun Jul 13th, 2008 09:45 pm |
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If receiving the rent payment is your top priority, then help protect yourself by following the Landlord Tenant Laws and properly serving the legally-required paperwork. You are taking a chance by continuing to accept empty promises from the Tenant to pay rent "later".
By the way, did the Tenant provide you with a written move-out notification so that you have proof that he intends to vacate your property at the end of the month? Are both Tenants moving out at month end? Did the Tenants supply a Security Deposit when they signed the Lease?
Last edited on Sun Jul 13th, 2008 10:12 pm by LandlordLaura
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bcostenbader
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| Joined: | Sun Jul 13th, 2008 |
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Posted: Sun Jul 13th, 2008 02:26 pm |
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Well I finally heard from him and he said he's going to pay it on Friday. He's making me wait because he claims I cost him $500 by not letting him get his clothes
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LandlordLaura
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| Joined: | Mon Aug 21st, 2006 |
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Posted: Sun Jul 13th, 2008 02:03 pm |
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The written Lease Agreement says that $600.00 rent is due by a certain date each month, right? For legal protection, a Landlord is in the best position when Laws are followed and a "pay rent or quit" (your State's version...) notification is served at the very first opportunity when rent goes unpaid. It is not your issue to get involved in how your Tenants decide to split rent, your issue is getting paid $600.00 each month by the due date.
You should serve both Tenants with your State's version of the legal "pay rent or quit" notification ASAP. Follow the Landlord Tenant Laws for the State/County/City where your rental property is located. You can locate State Laws by using the 'legal resources' link through this webpage or locate by doing an online search. Be sure you read and follow the most recent Laws.
Let us know what you find out and how you decide to proceed...
Last edited on Sun Jul 13th, 2008 02:07 pm by LandlordLaura
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bcostenbader
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| Joined: | Sun Jul 13th, 2008 |
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Posted: Sun Jul 13th, 2008 12:03 pm |
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Here's the situation. I'm renting a room in my house. The people I'm renting it to moved in as a couple and signed a lease. During the lease signing they told me that each was going to pay 300 of the 600m rent. Shortly after they moved in they broke up but were continuing to live together. The first month Nina paid all 600 of the rent since Joe didn't have enough money and told me Joe would pay the whole thing next month.
The second month (this month) Joe tells me he's moving out at the end of the month, that's fine. Then he tells me because he started a new job and he won't be able to pay until the 11th. I say fine, I'm not hurting for cash at that point. Well the 11th rolls around and no money, I call him at 10 PM and he says the checks are still not in and he'll pay me tomorrow.
At this point I'm getting a little frustrated but I say fine. That night Nina tells me that all his stuff but his clothes are gone. The next morning he tells me the checks won't be in till 5 and he'll have rent but he's going to come by at noon to pick up his clothes.
I told him that he can't pick up his clothes until I get the rent. He got upset with me and started saying he's only going to pay the 300, that I need to get the rest from Nina and I haven't heard from him since.
What is my recourse here? My view is that Nina has paid 2 months rent and Joe is a month and a half late. Is their oral agreement on how rent was to be divided enough? What do I do if he doesn't pay and how long do I wait?
EDIT: This is in Texas
Last edited on Sun Jul 13th, 2008 12:09 pm by bcostenbader
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