Rental Property: Legal Question

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ernest_t_bass's avatar
ernest_t_bass
Posts: 24,984
Oct 29, 2011 4:13pm
thedynasty1998;949337 wrote:You had a horrible lease. Who the hell told you to give them a 6 month option? With that said, you are entitled to money, but it's a hassle to collect. It's not worth hiring an attorney and in all likelihood the judge sends you to a mediator where you will end up agreeing to half.

It started as a six month (because we were leaving it on market) then after one month, we opened it back up to a 1-year lease. That one "6-month" part, we forgot to change to "1-year."
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fan_from_texas
Posts: 2,693
Oct 29, 2011 5:31pm
thedynasty1998;949337 wrote:You had a horrible lease. Who the hell told you to give them a 6 month option? With that said, you are entitled to money, but it's a hassle to collect. It's not worth hiring an attorney and in all likelihood the judge sends you to a mediator where you will end up agreeing to half.

This. If you really think it's worthwhile, consult an atty.
password's avatar
password
Posts: 2,360
Oct 29, 2011 7:20pm
Your lease is fucked up at best. You are entitled to the rent and utilities for the month of November and the tenant forfeits the deposit for not honoring the lease. I doubt if they pay you for November so you are out of luck there. Attorney fees will be much more than the one month of rent you could receive, not worth the hassle. You may want to start posting the details of the house in the Buy/Sell section of this site and hope that someone needs a place to live. What city is it located in?
derek bomar's avatar
derek bomar
Posts: 3,722
Oct 30, 2011 10:07am
ernest_t_bass;949081 wrote:Also, my wife and I take a hit on this rental every month. Mortgage is $675/month and we charge them $650. Not big, but we are not making one dime on this house.
you're getting your mortgage paid for, so yes, you are getting a few dimes
ernest_t_bass's avatar
ernest_t_bass
Posts: 24,984
Oct 30, 2011 10:20am
derek bomar;950560 wrote:you're getting your mortgage paid for, so yes, you are getting a few dimes

No, not really
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Sonofanump
Oct 30, 2011 10:30am
ernest_t_bass;949426 wrote:That one "6-month" part, we forgot to change to "1-year."
Whoops, sounds like a contract to me.
thedynasty1998's avatar
thedynasty1998
Posts: 6,844
Oct 30, 2011 10:38am
ernest_t_bass;949426 wrote:It started as a six month (because we were leaving it on market) then after one month, we opened it back up to a 1-year lease. That one "6-month" part, we forgot to change to "1-year."
Forgot? Legally speaking, that's not a great defense.

I think the consensus here is to keep the deposit and move on. It would be worth sending them a couple letters threatening legal action to see if that scares them. But in all likelihood you won't receive another penny from them.
ernest_t_bass's avatar
ernest_t_bass
Posts: 24,984
Oct 30, 2011 11:06am
I got, in writing, that they will pay me rent on a weekly basis, starting next Friday.
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Con_Alma
Posts: 12,198
Oct 30, 2011 11:37am
ernest_t_bass;949081 wrote:Also, my wife and I take a hit on this rental every month. Mortgage is $675/month and we charge them $650. Not big, but we are not making one dime on this house.
Although you may not have positive cash flow on a monthly basis a good account would put you in a positive balance each year with this situation.
DeyDurkie5's avatar
DeyDurkie5
Posts: 11,324
Oct 30, 2011 8:53pm
Con_Alma;950626 wrote:Although you may not have positive cash flow on a monthly basis a good account would put you in a positive balance each year with this situation.
thanks for that insight.