eviction

The Story of My Bad Tenant And How It Began

tenant_screening
In August of 2007, my house in Philadelphia was vacant and I had to put the house back in the market. I tried to rent the house by myself but I had no luck of getting a solid tenant. So I went back to my real estate agent and hired him to do the work for me.

The house is a single family home, two floors and a basement, 3 bedrooms, with a garage and a private outdoor parking space. It is about 1200 square feet and has central A/C. It is situated in the northeast part of Philadelphia, in an area called Mayfair. It is in a quiet and I was told that it is a good neighborhood. It is very close to the highway and about 20 minutes away from downtown Philadelphia. (more…)

Rental Property Update March 2009

PhiladelphiaThis post is an update on my rental property in Philadelphia. In this section, I talk about my landlord experience – the good, the bad, and the ugly. All my posts that are related to the rental property can be found in the Rental Property section, including the bad tenant saga series).

In March, I waited anxiously for my tenant to move out of my house. The settlement allowed the tenant to stay until March 31st, but there was no guarantee that he would oblige by the agreement. (more…)

Rental Property Update February 2009

This post is about my rental property in Philadelphia. In this post, I talk about my landlord experience – the good, the bad, and the ugly. All my posts that are related to the rental property can be found in the Rental Property section, including the bad tenant saga series).

In February, my tenant, Billy was desperately trying to avoid paying the judgment. Billy called the Department of Licenses and Inspections (L&I) and reported violations in the house. I was notified by L&I of the violations in the house and had to follow up on all the issues. (more…)

Rental Property Update January 2009

Rental Property - Second BedroomThis post is about my rental property in Philadelphia. In this post, I talk about my landlord experience – the good, the bad, and the ugly. All my posts that are related to the rental property can be found in the Rental Property section, including the bad tenant saga series).

As I have previously mentioned, I am currently going through an eviction process. The tenant called me up to talk about settlement.

I told a lot of people about my situation. Now many people know about my rental nightmare and follow my updates on this tenant saga, as if I am part of a drama TV series, except it is my real life.

Many of my colleagues find it very interesting that tenants can find loop holes to stay in someone else’s house for months without paying rent. One of my teammate said to me, “If they don’t pay rent in India, they would have been [physically] thrown out in the streets [without any legal consequences].” If only I were in India or pretty much any other country, these tenants would have been out the door faster than they could think of an excuse.

One of the people I talked to and helped me understand the situation better was my manager at work. My manager owns a two-family rental property and had experience dealing with bad tenants. He had already filed two evictions. I told him about my situation with the rental property. He suggested finding a good lawyer who can take care of all the paperwork and answer all your questions.

He mentioned that owning a rental house and like owning a business; in fact it is a business. When managing a rental property, it involves a lot of time and effort. He said that I would have to be more “hands-on” and would sometimes need to take measures to ensure things get done.

He yelled at me for being so soft with the tenants and said that I should take charge and not let them bully me around. He verbally knocked sense into me. He reminded me that I am the owner of the property and I have the right to get my house back if they don’t pay rent. And that I should not fear them or second think about losing the case in court. After the conversation, my head became clear. I thought my manager made a good point. Since I owned the property, I should take house back and not be frightened by the bad tenant’s threats. It is my property and I am going to evict them and get my house back.

Below is a detailed account of some of the events that occurred.

Fri, 1/02/2009:

The tenant called me several times and I reluctantly returned his calls. He asked to settle the case outside of court. First he warned that he has contacted License & Inspections (L&I) and L&I will issue heavy fines on the house. He also said that he would hire a lawyer and start a lawsuit against me. He found out that I did not have a rental license in Philadelphia at the time when he rented the house (however I do have the rental license now) and was planning to use that against me.
After telling me what damage he was capable of doing, he asked to “talk things over” with me. I asked what he was looking for. He said that he wanted to start over again, meaning he wanted to clear all the debt he owed me and sign a new one-year lease with me. He mentioned that he would pay one month’s of rent starting from January 2009. I asked him what about the rent money after that. Then he said that he will try to come up with the rent money going forward. His proposal was totally biased towards one side, and there was nothing in my favor. I did not agree to anything over the phone. I told him that I would need to consult with my lawyer first.

Mon, 1/05/2009:

I called the attorney office to talk to them and asked to speak to my attorney. She was not in the office that day. The assistant, by the name of Mary, was rude and impatient. She merely told me to wait for the next court day.

Tue, 1/06/2009:

I called the attorney office to talk to my attorney. The attorney was on the phone and the assistant, Mary answered. She was impatient and did not help with my questions and again told me to wait for the next court day. I called my attorney at night and left a message telling her that I have important questions for her.

Wed, 1/07/2009:

My attorney return my call around 11 o’ clock that morning. I explained to her the situation I was in with the tenant and told her about the phone call that took place on Friday the 2nd of January. The attorney said that the L&I dept does not give out fines. Since I have the rental license now, it should be okay.

I talked to my manager in the office. He offered some good points as a landlord.

Tue, 1/13/2009:

My tenant called and asked to talk things over. He wants to settle the case outside of court. His proposal is to wipe everything clean and start over as of January, 2009. The clean state that he proposed would include forgoing all the money he has owed me until the end of 2008 (judgment was $5270). If I don’t agree to his proposal, he said that he would show up in court and hire a lawyer to represent him. He would start a lawsuit against me for renting him the house without a rental license. And he would get L&I involved and have them penalize the owner for unfixed damages in the house.
I did not like his proposal, because it only favored him. Remembering that my attorney told me it’s best to negotiate with him. Therefore, I suggested an alternative offer to him. My offer is I would forgo all the money he owed me and in addition, I would give him some money if he agrees to leave the house. The tenant said that he would think about it and get back to me, and we ended the conversation.

Wed, 1/14/2009:

I thought I was too soft again on the phone. I worried about his thoughts too much. Unfortunately, he could still do damage before the eviction process is over. However, I think my goal is to get the tenant out at all costs. He is like a virus in the body; it must be removed from the system before it further causes more havoc. Once again, I reminded myself to control my emotions and set my mind to fight the battle in court.

Mon, 1/19/2009:

I received a call from my attorney’s office. One of the assistants called and informed me of the court hearing date, which will take place on February 20th, 8:45 AM.

Wed, 1/21/2009:

My manager inquired about updates with the rental property. I told him that I tried to negotiate with the tenant. He yelled at me for listening to the tenant and being frightening by his threats. He reminded that I own the property and those tenants are merely renters. He advised that I should be more firm with my decisions and not fall into their traps. He suggested that I change my phone number if I could not resist from talking to him.

Thu, 1/22/2009:

My tenant left me a voice mail indicating that he would like to further discuss how to settle our case outside of court. I called him back two times but he did not answer the phone on both occasions.

Sat, 1/24/2009:

I received the bill from the water company for the rental property. The bill is several months overdue. The tenant was supposed to pay the bill.

Stay tune for more updates.

Read more:
Rental Property Update February 2009
Rental Property Update December 2008

Rental Property Update December 2008

Rental Property - Master Bedroom Ceiling FanThis post is about my rental property in Philadelphia. In this post, I talk about my landlord experience – the good, the bad, and the ugly. All my posts that are related to the rental property can be found in the Rental Property section, including the bad tenant saga series).

There were a lot of things that happened in December with the rental property. During the beginning of the month, I received a notice from the water company that the water bill was past due. Since the water bill is in my name and is tied to the property, I will ultimately have to pay for the dues.

My tenants reported yet another issue in the house and demanded repairs (details below). My real estate agent suggested that I fix the damages as soon as possible and I did just that.

They had owed me 6 months of rent payment plus other fees. I followed up with the eviction process and showed up in court to receive a ruling against them. However, towards the end of the month, they filed a petition against me and asked for another court appearance.

Below is a detailed account of some of the events that occurred.

Fri, 12/05/2008:

I received a letter from the Philadelphia Water Revenue. The letter is a notice for water shut off. The water bills were 3 months overdue and the tenant failed to pay the bill.

Sat, 12/06/2008:

My tenant called me during the evening around 7 pm and he reported an issue with the sewage pipe. He said that a pipe in the basement broke and the basement was flooded with water, feces, and urine. He said that the house was not in good living conditions and he threatened to called License and Inspections (L&I) if I do not fix the pipes on that night.
I called my real estate agent and he said that it would not be good to have L&I involved. He advised that I call a plumbing company and fix the pipe problem soon. He recommended a company by the name of Roto Rooter. I called Roto Rooter and they sent someone to the house around 11 pm. Since then I had not heard from my tenant.
I called my real estate agent and he said that it would be best to avoid having L&I involved. He advised that I call a plumbing company and fix the pipe problem soon. He recommended a company by the name of Roto Rooter. I called the company and they sent someone to the house around 11 pm.
I had given my credit card info to Roto-Rooter because my tenant said that he does not have a credit card, as a result of a current divorce with his ex-wife.

Sun, 12/07/2008:

I called Roto Rooter during the morning to check the status of the repair. I was surprised that there were no charges. I had no heard back from my tenant so I left the issue alone.

Fri, 12/12/2008:

I traveled to Philadelphia and attended the court hearing and received a ruling in my favor by the judge

Fri, 12/30/2008:

The tenant filed a petition against me. He asked the judge to have a court hearing and hear his story. We had to wait for the court date.

The attorney office and I had been exchanging phone calls during the month. Sometimes they were not very understanding of the situation and were slow to respond to my calls. It was very frustrating to go through the trouble with the tenant and not get the necessary help from the attorney. As of the end of December, we had to wait for another court hearing date and the attorney said that they would notify me once they have the date of the court hearing.

The saga continues in the next monthly update, Rental Property Update January 2009.

My Trip to The Philadelphia Municipal Court And Results of The Hearing

I was scheduled for a court hearing on December 12 at 8:45 AM in Philadelphia, as part of the eviction process to get my tenants out of the house. I had initially asked my real estate agent to testify for me in court, however he called two days before the hearing and said that he could not make it to the hearing.

Given the importance of the hearing, my attorney advised me to attend the hearing in case I would need to testify against my tenants. Since the hearing was at 8:45 AM, I booked the earliest bus trip from New York to Philadelphia at 5:35 AM on Greyhound’s website.

On December 12, I woke up at 4:00 AM to prepare for my trip. I knew the day ahead of would be full of obstacles and I was challenged from the moment I stepped out of my home. The weather was horrible. It was pouring outside and my feet were soaked by the wet grounds by the time I reached the subway station.

I had just missed the subway train and had to wait 20 minutes for the next one. It was already 5:15 AM when the next train arrived and I was pressed on time.

I arrived at the Port Authority Bus Terminal at 5:25 AM. The bus terminal was closed and did not open until 5:30 AM. When they opened the bus terminal doors, I ran to the gate number printed on the ticket, which was Gate #1. The whole area was empty, and there was no sign of a bus. I became worried and rushed to the Information Desk. The Information Desk was vacant and the Greyhound department was closed. I ran around like a chicken without a head, looking for help. The Information Desk guy was standing in a corner, he saw me and pointed me to the right direction. He told me to go Gate #69, and the time was 5:35 AM. I ran to Gate #69, I was one step too late when I got to the bus stop. The bus had already left.

I had missed the 5:35 AM bus, which was the only bus that would take me to Philadelphia in time for the court hearing. I went to the Greyhound customer service desk and told them what happened. The man working there was drawing pictures on a piece of paper and he seemed too busy to listen.

I paced around the bus terminal and thought for a moment. I decided to take the next bus to Philadelphia at 7:00 AM, even though I would arrive late in Philadelphia, at 9:10 AM. I called my attorney and left her a voice mail that I had missed the 5:30 AM bus and would be taking the 7:00 AM bus. I would rather show up in court late than be absent.

On the way to Philadelphia, the bus hit some traffic. The bus arrived in Philadelphia at 9:15 AM. I rushed to the court house, but mistakenly went to the wrong building. I had gone to the attorney’s office. I went out and walked to the court house, which was the building next to it.

I arrived at the Municipal Court of Philadelphia at 9:30 AM. I looked for the attorney that represented me. He looked for my case file and then told me to sit in the court room until he calls my name.

It was about 10:00 AM. The judge came and names were called. He reviewed other people’s cases and I sat there and watched. By 11:00 AM I became worried. I did not know if they would get to my case on that day. Also, I had purchased tickets for the 12 PM bus to return to New York.
One by one, I listened to the judge go over all the cases and people were leaving the court room. I was one of the last two cases remaining. Finally the judge turned to my case at 11:25 AM. The attorney representing me told the judge about the tenants not paying rent. Also the tenant did not show up for the hearing. The judge ruled in my favor. I would get possession of my property and the tenant owed me $5,270. The attorney said that I could leave and called the attorney office later for more details.

It was 11:30AM. I walked to the bus station and stood in line for the 12:00 PM bus from Philadelphia to New York. It was a good thing I bought tickets for the 12:00 PM bus. I arrived back to New York at 2:10 PM and returned to work.

I was glad that the court hearing was over. From the start of my day at 4 AM to the time I arrived back to New York at 2 PM, the whole process from end to end took 10 hours. Through the bad weather, ticket mess-ups, wrong directions, and long hours of waiting, things worked out at the end. It was definitely an experience that I never expected and having experienced it once was enough.

Time Line
4:00 AM – Woke up and prepared for trip to Philadelphia
5:25 AM – Arrived at NY Port Authority Bus Terminal
5:37 AM – Missed the 5:35 AM bus
7:00 AM – Boarded the 7 AM bus to Philadelphia
9:15 AM – Arrived in Philadelphia
9:30 AM – Showed up in the court house
10:00 AM – Sat in the court room
11:25 AM – Judge reviewed my case and ruled in my favor
12:00 PM – Boarded the bus to New York City
2:10 PM – Arrived in New York City

Read more:
Philadelphia Tenants Saga – Part 1
Philadelphia Tenants Saga – Part 2
Philadelphia Tenants Saga – Part 3
Rental Property

Rental Property Update – November 2008

This post is about my rental property in Philadelphia. In this post, I talk about my landlord experience – the good, the bad, and the ugly. All my posts that are related to the rental property can be found in the Rental Property section, including the bad tenant saga series).

Dealing with bad tenants can cause headaches, and that is an understatement in my case. Below is an account of the struggle I have been going through.

On Wednesday night, October 29, my tenant, Bill called me. I asked him to either pay up all the money he owed me or leave the house immediately (and he would still have to pay the amount he owed to me). He said that he had a divorce court case that would take place on the following Wednesday, November 5th, and by the end of the next Wednesday he would have a clear picture of what he will do. If he decided to stay, he said that he would pay me all the money he owed me and he would like to renew the lease for another year. Otherwise, if he decided to leave, he would pay me all the money he owed me and leave on a good note.

I was highly skeptical about this story. I had heard many stories from him and he had lost all credibility. I did not want to expose his stories. Instead, I played along and told him to give me a final answer on Wednesday.

He also told me that he had some money for me, a check for $400. He said that he would put it in the mail the very next day and I should receive it soon. Again, another one of his games. I have not received that check for more than a week (still not yet as of this writing date).

On Friday, October 31st at 9:00 pm, I received a call from my tenant. He reported that some water pipes in the bathroom were leaking and the house was flooded. I was hesitant to do any repair work. I knew the leaked water pipes would damage the property, and I had to fix it no matter what, but I had hope this would force my tenant out of the house. I told him that I would need to speak to my real estate agent.

On Saturday, both Bill and his wife called me. They said that the sewage pipes were backed up and all the sewage waste and liquids were flooding the second floor and leaking down to the first floor and basement. There were poop all over the place.

On Sunday, I called my real estate agent, Eden and told him the whole story. Eden said that he would take a look at the house and if it was really bad, I should fix it. I told him that I wanted the tenant to leave. I thought maybe this flood would force him out of the house. Eden insisted that I should fix the water pipes because the water floods would damage my floors, carpet, wood and ceilings.

Eden went to the house on the following Monday and told me that the sewage pipe had clogged up and all the waste in the pipes had backed up and the fluids were flooding the second floor, down to the living room.

Eden had to hire an emergency plumber to fix the sewage pipes. I was still response for the bill. Bill paid the plumber with his credit card, and would deduct the payment off the rent that he owed me.

I was tired of the stories and tired of dealing with my tenant. I did not want to speak to them any more. I would focus on removing them from my property.

On Monday, November 10, I mailed all the information to an attorney who would file an eviction application on my tenants.

On Friday, November 21, I received a letter for court hearing at 8:45 AM on Dec 12, 2008.

On Monday, November 24, the attorney office returned my call from last Friday.

On Tuesday, November 25, I spoke to the attorney office again. They told me that I would need to have someone to represent me in court. I asked my real estate agent and offered him $50 for the time. He would be able to make it since he does not have work during the morning.

On Friday, November 28, I mailed my real estate agent a copy of the court hearing notice and a copy of the latest water bill.

On Saturday, November 22, I received a water bill from the Water Company. The bill was 2 months overdue, and the total outstanding balance is now $148.32. My tenant was responsible for the water bill but he did not pay it. I thought I would leave the water bill alone, and let the water company shut off the water, but I was concerned the lack of payments may show up on my credit report.

This month has been hectic. I still have not received that check he promised on October 29. I can no longer expect any checks from him. We will wait for the results of the court hearing on Friday, December 12th.

Summary
10/29/2008 – Spoke to tenant, tenant refused to leave
10/31/2008 – Tenant reported broken pipes
11/02/2008 – Report broken pipes to real estate agent
11/03/2008 – Real estate agent, Eden visited my rental property
Hired a plumber and fixed broken pipes
11/10/2008 – Sent mail to an attorney and file eviction
11/21/2008 – Received mail notice of the court hearing
11/24/2008 – Spoke to the attorney
11/25/2008 – Hired real estate agent, Eden to show up in court to represent me

*The names are changed to protect the individual’s identity.

The saga continues in the next monthly update, Rental Property Update December 2008.

Philadelphia Tenant Saga – Part 3

Continued from Philadelphia Tenants Saga

Two weeks later after the last phone conversation with my tenant and his wife, I received a phone call from my tenant. He said that they have the $400 check for me. They were supposed to send the check one week ago, but I let it go. He also said that he would send me the full payment for the water fees. I received 2 checks three days later and deposited them. One check was for $400 (the second part of the rent for one month) and $134 (the full payment for all the water fees.)

The funny thing was that he emphasized the water fees check amount was written for $134.00, instead of $133.98. He told me that he didn’t like to write checks with loose change so he rounded up the number for good sake. I did not see the good cause. So he gave me two cents extra on the check, but he was late on his payments for many months and gave me many headaches. I found it difficult to appreciate his good sake to round the check amount up to the nearest dollar.

The good news was that I have received my business and rental license approval. I could legally file an eviction, but I would hand it to an attorney who has experience. Before I would contact the attorney office again, I thought of giving my tenant a final warning and ask my tenant to leave. I guessed I could persuade them to move out without an eviction, but I could be wrong.

In any case, I would have to recalculate all the amounts my tenant owed me. If my phone call would not prove to be successful, I would send the updated numbers to the attorney office and proceed with the eviction.

Breakdown of Amounts the Tenant Owed me
Rent Owed
$900 – Rent for July 2008
$900 – Rent for August 2008
$900 – Rent for September 2008
$900 – Rent for October 2008
Total Rent Owed: $3,600.00

Late Fees
$45 – Late Fee for July 2008
$45 – Late Fee for August 2008
$45 – Late Fee for September 2008
$45 – Late Fee for October 2008
Total Late Fees Owed: $180.00

Water Fees
$3.66 – water fee from previous outstanding balance
$69.11 – water fee for July 2008
$61.21 – water fee for August 2008
Total Late Fees Owed: $ 133.98

Miscellaneous
$50 – maintaining the lawn

Total Owed (Rent Owed + Late Fees): $3,963.98

Payment Collected
$500 – check from September 2008
$400 – check from October 2008
$134 – check for all the water fees
Total Payment Collected: $1034.00

TOTAL OUTSTANDING BALANCE: $2,929.98

Read more:
Philadelphia Tenants Saga – Part 1
Philadelphia Tenants Saga – Part 2
Rental Property

Philadelphia Tenants Saga – Part 2

Continued from Philadelphia Tenants Saga

I was tired of dealing with my tenants, so I handled over the job to my real estate agent. He told me that he had called them many times but it was very difficult to reach them. And whenever my agent got a hold of them, the tenants would always come up with some excuse and try to delay paying rent.

After many phone call attempts and a few weeks later, my real estate agent finally received a check from the tenant. The check was for $500, which was about half the amount of the $900 monthly rent. My real estate agent told me that it took a lot of work for him to get money out of the tenants, and asked for a small bonus of $75 in return.

I told my real estate agent that I needed to make sure the check did not bounce first and then I would give him a bonus. I wanted to offer him 10% of all the money he could get back from the tenants for me, however he refused it. He thought it would be too much work. Even though he could potentially receive a bigger bonus from a 10% basis, he would rather receive a fixed amount from each check. I deposited the check and waited about 10 days and when the check cleared, I sent my real estate agent a check for $75.

My tenants were already 3 months behind rent. I called them on September 22 and wanted to cut a deal with them. I wanted to offer them a wipeout of the outstanding balance they owed me if they were willing to move out immediately. However, the plan did not go accordingly.

When I called my tenant, he did not answer. He called me back 15 minutes later and told me that he also had his wife on the line (probably through 3-way calling). Immediately, they started arguing over the phone. The man told the wife that she needed to pay rent. The wife screamed at the husband for not giving him money. The drama went back and forth for several minutes and during that time I was listening and speechless. Finally, my tenant told the wife to shut up and allow me to talk. I told them that my concern was the payment of the rent and fees they owed me. They still owed me 3 months of rent, plus 3 months of water fees.

The wife said that she would come up with $400 by the end of the week. She already had $300 saved up and would get $100 from the husband, making a total of $400. I told them that $400 would not cover the rent payments they owed me. They said that they would try to make additional payments throughout the weeks. I also told my tenant that he was responsible for all the water bills and that I had been paying the bills for him, and he still owed me money. He told me that he had the money for me and asked me to send him the total amount he owed me for water. I had previously sent him a letter indicating the total amount he owed me for the rent and water. However, I did not argue with him, and I told him that I would send him another letter. Additionally, I indicated that going forward, he would be responsible for all the water payments. I would only forward the water bills to him and I would not be paying them. I sent him a letter indicating the total amount he owed me for the water bills, and I mailed the letter certified.

My tenants also complained about my real estate agent. They said that he was loud and rude, and that he would show up drunk. With my tenant’s credibility, I was skeptical about what they said. When I related the information to my real estate agent, he laughed out loud and almost fell off his chair. It was the most ridiculous thing he had heard, and said that my tenants were making stories to get the real estate agent off their back.
This whole issue with the tenants was very frustrating. It took up much of my time and energy. The tenants owed me 3 months of rent, late fees and water bills. And when October comes, it would be another month of rent to add to their outstanding balance.

Breakdown of Amounts the Tenant Owed me
Rent Owed
$900 – Rent for July 2008
$900 – Rent for August 2008
$900 – Rent for September 2008
Total Rent Owed: $2,700.00

Late Fees
$45 – Late Fee for July 2008
$45 – Late Fee for August 2008
$45 – Late Fee for September 2008
Total Late Fees Owed: $135.00

Water Fees
$3.66 – water fee from previous outstanding balance
$69.11 – water fee for July 2008
$61.21 – water fee for August 2008
Total Late Fees Owed: $ 133.98

Total (Rent Owed + Late Fees + Water Fees): 2,968.98

Payment Collected
$500 – check from September 2008

TOTAL OUTSTANDING BALANCE: 2,468.98

I decided to start the eviction process, but I needed to apply for a business and a rental license first. I had already completed the applications for a business and a rental license at the beginning of September and was waiting for a business license number that would be sent back to me. Once I receive the license, I would proceed immediately with the eviction process.

Read more:
Philadelphia Tenants Saga – Part 3
Philadelphia Tenants Saga – Part 1

Rental Property