russian rocket Posted December 29, 2009 Report Share Posted December 29, 2009 ok let me ask you this then. if someone is late on rent and hasnt called you about it, do you contact them and see whats going on or automatically start an eviction? Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 ok let me ask you this then. if someone is late on rent and hasnt called you about it, do you contact them and see whats going on or automatically start an eviction? Depends. Quote Link to comment Share on other sites More sharing options...
russian rocket Posted December 29, 2009 Report Share Posted December 29, 2009 Depends. no.....thats not an answer. im sure you would call them and find out why they are late....just like any other landlord that wants his money. Quote Link to comment Share on other sites More sharing options...
Drewhop Posted December 29, 2009 Report Share Posted December 29, 2009 no.....thats not an answer. im sure you would call them and find out why they are late....just like any other landlord that wants his money. Unless he wants them gone. Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 no.....thats not an answer. im sure you would call them and find out why they are late....just like any other landlord that wants his money. Your point is invalid, you cannot withold rent in that fashion. The judge would tell you to pay the fucking rent. I've seen it happen. Tenant wanted carpet changed, they ruined carpet but didn't want to pay for it. Tenant witheld rent on their own. We filed collections, then evicted, Judged ordered tenant to pay rent. Now if the tenant would have sent a notice to remedy letter claiming there was mold in the carpet, and we didn't fix it in 30 days, you would take your rent to the clerk of courts and ESCROW the rent, which is a legal filing with the court system, and the judge would tell the landlord "fix it, then you get paid". If they don't fix it by the end of your lease, there are many cases you get the money back. Although in that case you would have to prove hardship and that you were truly inconvenienced and that it was unlivable. Withholding your rent on your own is ILLEGAL and BAD, INCORRECT, UNINFORMED, AMATEUR ADVICE. Quote Link to comment Share on other sites More sharing options...
russian rocket Posted December 29, 2009 Report Share Posted December 29, 2009 Your point is invalid incorrect, my point is actually very valid. she is having contact issues with landlord, if shes late on a payment the landlord will more than likely contact her to see whats going on. at that point she can discuss the situation at the house. your avoiding my question because you know you would contact the tenant to see whats going on. Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 incorrect, my point is actually very valid. she is having contact issues with landlord, if shes late on a payment the landlord will more than likely contact her to see whats going on. at that point she can discuss the situation at the house. your avoiding my question because you know you would contact the tenant to see whats going on. You are a fucking moron. Of course I would contact the tenant, but that does not satisfy the LAW. You send a letter requesting a fix, after 30 days, you ESCROW the rent. BUT, if I had problems with the tenant before, I would just give them a notice to vacate. Or if I don't want them there, notice to vacate. Also, talking to the landlord on the phone does not satisfy the LAW. It has to be in writing, delivered certified mail, or with a witness to it being hand delivered. On the phone doesn't mean shit. Seriously, you are wrong, 100%. It is illegal to withold rent on your own, and that is very bad advice. Having the guy call her does nothing, she needs to send a letter certified mail. I know WAY more about this stuff than you do, especially since your experience is "well I have rented a few places, so I know more than the guy who's whole family does or did this for a living". Quote Link to comment Share on other sites More sharing options...
russian rocket Posted December 29, 2009 Report Share Posted December 29, 2009 You are a fucking moron. Of course I would contact the tenant, but that does not satisfy the LAW. You send a letter requesting a fix, after 30 days, you ESCROW the rent. BUT, if I had problems with the tenant before, I would just give them a notice to vacate. Or if I don't want them there, notice to vacate. Also, talking to the landlord on the phone does not satisfy the LAW. It has to be in writing, delivered certified mail, or with a witness to it being hand delivered. On the phone doesn't mean shit. Seriously, you are wrong, 100%. It is illegal to withold rent on your own, and that is very bad advice. Having the guy call her does nothing, she needs to send a letter certified mail. I know WAY more about this stuff than you do, especially since your experience is "well I have rented a few places, so I know more than the guy who's whole family does or did this for a living". look buddy, dont get all emotional here. its clear to me that you know more about the laws than i do. im speaking from common sense here. common sense tells me that if you cant get a hold of someone to report the problem, be late on your rent and that person will contact you. at that point she can tell him the furnace is broken, if he doesnt want to do anything about it. then you can start getting into all the legal stuff. in your eyes i may be wrong, but in common sense eyes i am right. you even said yourself that you would contact the tenant if they were late on rent. well thats all she wants right now is to get a hold of the person. and i agree with holding rent is illegal but being late is not. im done arguing with you about this, i understand you know more than me about the legal side of it. but just use common sense.... last post Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 look buddy, dont get all emotional here. its clear to me that you know more about the laws than i do. im speaking from common sense here. common sense tells me that if you cant get a hold of someone to report the problem, be late on your rent and that person will contact you. at that point she can tell him the furnace is broken, if he doesnt want to do anything about it. then you can start getting into all the legal stuff. in your eyes i may be wrong, but in common sense eyes i am right. you even said yourself that you would contact the tenant if they were late on rent. well thats all she wants right now is to get a hold of the person. and i agree with holding rent is illegal but being late is not. im done arguing with you about this, i understand you know more than me about the legal side of it. but just use common sense.... last post I'm glad it's your last post, so that you stop giving this shitty advice. "Hey I know, let's make my rent LATE so that I have to pay MORE to live in this shitty apartment, so that the guy will call me, then he won't do anything for ANOTHER 30 days, then I will get evicted because I never went through the proper process to begin with to save myself time and money". Seriously, it's shitty advice. AND, he can file collections for unpaid late charges as well. Quote Link to comment Share on other sites More sharing options...
zeitgeist57 Posted December 30, 2009 Report Share Posted December 30, 2009 http://columbus.bizjournals.com/columbus/stories/2009/12/28/daily10.html I just saw this court ruling...could be helpful in alleviating responsibility for the gas line from your friend. Sounds like it could be Columbia Gas' problem now! Quote Link to comment Share on other sites More sharing options...
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