The day in the life of a landlord

[strickj]

Today was my Dad's court date on a civil suit filed against him from one of his former tenants.

Tha story...

When the former tenant moved out of the house he was renting, he left a whole slue of junk behind. Included in the junk was a Goodwill living room set that the guy got for free out of Goodwill's dumpster. Yeah, Goodwill didn't even want that piece of ****! (We know this because the maintence men helped carry the POS in his house)

When my Dad went through the guy's house he ordered the maintenance men to throw out the wreck he called a couch...along with everything else left behind.

After seeing the condition of the house, he called the former tenant to tell him that he would not be receiving his deposit back due to the condition he left the house in.

The former tenant got ticked off and later decided to file suit for the price of the POS couch that dad threw out.

Skip ahead to today... they are in court and the former tenant claims the "couch" was worth $800 and believes that he is entitled to the money for loosing thus said "couch".

Now, my dad did not know how much he was being sued for (long story) so this amount came as a bit of a shock! But, being quick on his feet, he said, "well, the carpet that his dogs ruined is also valued at $800....so wouldn't we be even?"

The judge agreed

Tomorrow awaits another frivolous suit....

Edited October 2, 2010 by strickj

[Guest 6.8 AR]

That was good news. There are some scumbag renters out there. Makes you

crazy, doesn't it?

[RobertNashville]

Aren't there any landlord/tenet laws in Tennessee or at least in the community where this occurred that specifies who owns what when a tenet moves out and leaves stuff behind? I mean...is the landlord just expected to store the stuff indefinitely?

Anyway; goof for your Dad...I really hate it when lazy, lowlife scum get anything out of their frivolous lawsuits.

[strickj]

Aren't there any landlord/tenet laws in Tennessee or at least in the community where this occurred that specifies who owns what when a tenet moves out and leaves stuff behind? I mean...is the landlord just expected to store the stuff indefinitely?

Anyway; goof for your Dad...I really hate it when lazy, lowlife scum get anything out of their frivolous lawsuits.

Umm...Google "Uniform Disposition of Unclaimed Property." and enjoy

[vontar]

Seems if he left it, he could not claim anything. Plus if he it was going to claim a value, seems he would have to be able to prove a reasonable value.

[RobertNashville]

I'm somewhat familiar with escheat and related laws (although it's been quite a while since my business law classes) but I've never really heard of them applying to property, like furniture (and especially essentially worthless furniture) abandoned by a tenant...I thought that, if it was covered at all it was covered by specific landlord/tenant laws.

[Smith]

Aren't there any landlord/tenet laws in Tennessee or at least in the community where this occurred that specifies who owns what when a tenet moves out and leaves stuff behind? I mean...is the landlord just expected to store the stuff indefinitely?

Anyway; goof for your Dad...I really hate it when lazy, lowlife scum get anything out of their frivolous lawsuits.

Seems if he left it, he could not claim anything. Plus if he it was going to claim a value, seems he would have to be able to prove a reasonable value.

That would seem fair but I can tell you, just as with Strickj's experience, laws are HEAVILY favored to the renters and are anything but fair .... to landlords. And yes, landlords are often expected to carry 90% of the responsibility and liability for idiot renters lack of responsibility.

My dad had a renter in Memphis (section 8) that he couldn't evict even though the renter was 5 months in the rear. Not to mention she had decided to open a salon in the house and had her boyfriend start ripping out walls and cobbling together plumbing and electrical for the "salon". Of course they didn't finish and then refused to pay rent because the plumbing and electrical were now not up to code. The judge wouldn't allow my father to speak at the eviction hearing and gave her another 6 months and required my dad to pay code violation fines (for her work). Needless to say that was the last of his renting property endeavors.

[strickj]

Tennessee Uniform Residential Landlord Tenant Act Law - Landlord and Tenant - Landlord Tenant

JTBH, I'm not entirely sure of what all the laws are regarding everything as that's not what I do.

What I do know is if something is left behind after a move, it is considered trash and gets thrown out. If the former tenant later decides something of value to them was left behind, they can file a civil suit to reclaim. It's then up to a judge to determine the legitimacy of their claim. The above story is about a tee'd off tenant looking for money and trying to sue over trash. The judge recognized it for what it was.

That could happen with anything thrown out from a couch to a piece of paper left laying in the floor.

If something is thought to be of value (maybe they accidentally left something) then the former tenant is contacted and told to pick up their crap.

I'm not sure what the time limit is on holding property.

I do know that holding every piece of trash left behind is not financially possible.

[Guest tnxdshooter]

Today was my Dad's court date on a civil suit filed against him from one of his former tenants.

Tha story...

When the former tenant moved out of the house he was renting, he left a whole slue of junk behind. Included in the junk was a Goodwill living room set that the guy got for free out of Goodwill's dumpster. Yeah, Goodwill didn't even want that piece of ****! (We know this because the maintence men helped carry the POS in his house)

When my Dad went through the guy's house he ordered the maintenance men to throw out the wreck he called a couch...along with everything else left behind.

After seeing the condition of the house, he called the former tenant to tell him that he would not be receiving his deposit back due to the condition he left the house in.

The former tenant got ticked off and later decided to file suit for the price of the POS couch that dad threw out.

Skip ahead to today... they are in court and the former tenant claims the "couch" was worth $800 and believes that he is entitled to the money for loosing thus said "couch".

Now, my dad did not know how much he was being sued for (long story) so this amount came as a bit of a shock! But, being quick on his feet, he said, "well, the carpet that his dogs ruined is also valued at $800....so wouldn't we be even?"

The judge agreed

Tomorrow awaits another frivolous suit....

I kind of can relate to how he feels. I was in a wreck back in 06 down in chattanooga right there in front of the mcdonalds in hixson. Some idiot in a 1987 model blazer ran a red light and smashed into me. Well his idiotic behind tries to sue me for him getting injured. Luckily his attorney was a royal screw up and never filed the paperwork and the statute of limitations ran out on it. So then he sues me for the loss of his car. He wanted 5500 dollars for his car. My attorney had an appraiser come out and valued the car at 1800 my attorney offered him 1800 in front of the judge and the boy began to argue his case. My attorney said that is our final offer take it or leave it. He argued a bit more and just as the judge was about to say dismissed and slam the gavel down the guy said alright I will take 1800 dollars. So my insurance paid him even though it was his fault. Get this that crack head didnt even had a drivers license when he plowed into me yet never got a ticket for it or anything. Also, my parents own a couple rental properties where people have skipped out and of course they have not gotten much money back since they filed suit because the dude will work a while then the court clerk will find out where he works and garnish his wages and then he quits its a big fiasco. Now my parents run back ground checks on everyone and check their references also.

[vontar]

That would seem fair but I can tell you, just as with Strickj's experience, laws are HEAVILY favored to the renters and are anything but fair .... to landlords. And yes, landlords are often expected to carry 90% of the responsibility and liability for idiot renters lack of responsibility.

My dad had a renter in Memphis (section 8) that he couldn't evict even though the renter was 5 months in the rear. Not to mention she had decided to open a salon in the house and had her boyfriend start ripping out walls and cobbling together plumbing and electrical for the "salon". Of course they didn't finish and then refused to pay rent because the plumbing and electrical were now not up to code. The judge wouldn't allow my father to speak at the eviction hearing and gave her another 6 months and required my dad to pay code violation fines (for her work). Needless to say that was the last of his renting property endeavors.

What was that judge smoking

That is a prefect example of what I have said for years. Judges don't get enough action, don't see enough of the world to know what is going on. They don't have a understanding of how the world works. They are so deprived of entertainment that anyone that is willing to stand in front of them and admit to being stupid and doing dumb s**t they reward them. It is like their own personal game show it seems like, except they are not the ones having to pay out the prize money.

Does not see right your Dad was not allowed to speak as the eviction hearing.

Someone that is 5 months behind and doing that much damage should never be given 6 more month for any reason.

I would have ask a Lawyer to find any thing I could sue her for, then if nothing else knowing she would not/could not pay ofter her a deal to get her ass out to drop charges or something. Would need a very smart lawyer to work the right deal.

[kb4ns]

That sucks tnxd. That's why I wish Tennessee had "no pay, no play" laws like some other states do. The "no pay, no play" laws disallow uninsured motorists to recover losses from another person or that other person's insurance company. I don't know a lot about the way those laws work, so there are probably some exceptions to the rule. I'd love to see Tennessee adopt some similar laws and maybe even take it a step further. I don't think that someone should be allowed to collect on losses if they shouldn't have been on the road in the first place (i.e.- no driver's license, suspended driver's license, etc.).

[vontar]

That sucks tnxd. That's why I wish Tennessee had "no pay, no play" laws like some other states do. The "no pay, no play" laws disallow uninsured motorists to recover losses from another person or that other person's insurance company. I don't know a lot about the way those laws work, so there are probably some exceptions to the rule. I'd love to see Tennessee adopt some similar laws and maybe even take it a step further. I don't think that someone should be allowed to collect on losses if they shouldn't have been on the road in the first place (i.e.- no driver's license, suspended driver's license, etc.).

I agree 100 percent. That is just common sense. However, common sense just isn't common anymore.

[gregintenn]

There's a whole lot more to renting than just cashing a check every month, isn't there.

[vontar]

yup, maintenance and hoping the check clears.

[gregintenn]

...and phone calls, and summons, and...........

[Smith]

What was that judge smoking

That is a prefect example of what I have said for years. Judges don't get enough action, don't see enough of the world to know what is going on. They don't have a understanding of how the world works. They are so deprived of entertainment that anyone that is willing to stand in front of them and admit to being stupid and doing dumb s**t they reward them. It is like their own personal game show it seems like, except they are not the ones having to pay out the prize money.

Does not see right your Dad was not allowed to speak as the eviction hearing.

Someone that is 5 months behind and doing that much damage should never be given 6 more month for any reason.

I would have ask a Lawyer to find any thing I could sue her for, then if nothing else knowing she would not/could not pay ofter her a deal to get her ass out to drop charges or something. Would need a very smart lawyer to work the right deal.

I should say that particular Judge was very liberal and it was very clear that any landlord was a slumlord in her mind. My dad figuered suing would just cost him more and he would never get anything out of her.

[vontar]

When a Judge won't listen to both sides, that is a judge that needs to go.

I won't watch TV judges because they are all hype and it is all scripts for ratings. I have seen a few of the shows like Judge Judy and others a few times and when they won't let one side finish their side, I just won't watch them.

Sounds like the case you described even went down that road, so it does not sound like it was a fair at all.

[strickj]

My dad figuered suing would just cost him more and he would never get anything out of her.

That's the reason no counter-suit was filed.

It's cheaper and easier just to call paint and carpet "the cost of doing business."

I should say that particular Judge was very liberal and it was very clear that any landlord was a slumlord in her mind.

My dad's suit was held at a small town courthouse.

I'd absolutely hate to see how things go in a large city courthouse

[Guest Volkolak]

My dad had a renter in Memphis (section 8) that he couldn't evict even though the renter was 5 months in the rear. Not to mention she had decided to open a salon in the house and had her boyfriend start ripping out walls and cobbling together plumbing and electrical for the "salon". Of course they didn't finish and then refused to pay rent because the plumbing and electrical were now not up to code. The judge wouldn't allow my father to speak at the eviction hearing and gave her another 6 months and required my dad to pay code violation fines (for her work). Needless to say that was the last of his renting property endeavors.

Ah, the joys of multiculturalism. I'm McLovin' it.

[Guest Volkolak]

I should say that particular Judge was very liberal and it was very clear that any landlord was a slumlord in her mind.

This is not the sentiment, necessarily, of a liberal but rather a pseudo-communist.

[Guest Sgt. Joe]

Some years ago I was offered a deal on five rental properties by a friend who had about 30 of them. These houses were not in good neighborhoods and only 2 of five was livable and rented out. Two more needed minor stuff and the last one was a total disaster. Yet it still was a very good deal and opportunity. I ended up passing on it as it would have drained my savings to get them all rent-able. That was one of the best decisions I have ever made I do believe. I simply would not want the hassle of it all.

But from the other side, the last house we lived in I had been a renter and on time every time for 9+ years, there were several things wrong with the house that the landlord simply refuse to fix, the main one was that it was sinking. I told them over and over again for years (included a letter with every rent check) until it had sunk so much that there were cracks in the walls and ceilings and the door latches were almost 2 inches off. So we decided to move. I gave them verbal and written notice and I was already one month ahead on the rent but went ahead and made it two months. So that I could concentrate on slowly moving as I was working on and off out of town.

These people had not once came into the house since I had moved in but as soon as I said that we were going to move they wanted to come inspect. I had no problem with that other than knowing that they would then have to fix things that they refused or cried broke to me about.

After they had a look these fools actually took me to court and tried to blame the house sinking on me. Of course the Judge laughed them out of the courtroom. So I guess because they were upset that we were moving and they were going to have to fix everything in order to rent the house again they retaliated against me. They started calling nearly every day and saying that they needed to "show" the house and my wife got ready for that too many times to even count and not once did they ever show up.

About two weeks before I was due to be out the fool changed the locks, I was out of town working and the wife could not get back in so I told her to call the PD which she did. I am not sure just how it all transpired but he ended up giving her a key for the new locks.

Well then they went in while we were not there and stole an entire living room set, couch, chair, tables and lamp and claimed they knew nothing about it. This really chapped me but I was giving the stuff to a friend anyway so it was not a great loss.

What really got to me was that they also ripped off my kids swing set which was going to be the last thing I moved as it was cemented into the ground. They of course again claimed no knowledge of it even though the neighbor had watched them steal it. I later spotted the thing in their back yard! They had taken it for their Gran-kids to play on when they visited. Stealing kids toys is pretty dam low IMO. And remember all the while this stuff was going on I was still legally in possesion of the house as the rent was paid and the Judge had on record the date that we would be out.

I thought long and hard about taking them to court over the stuff but in the end didnt do it as it was going to cost a few hundred to sue them and all I wanted at that point was for these people to be out of my life.

So all that just goes to show that it works both ways, I do not know of a land lord who would not want someone who was on time and even one month ahead on the rent and who not only stayed for years but also did all of the minor repairs to the house without any charge. I even painted the exterior twice for free and put some expensive spray on wall coatings on the inside that I had left over from a motel job, every bit free of charge. There was also an additional lot with the property that I worked on and changed from over grown brush into beautiful grass. When the dishwasher bit the dust I bought a new one and left it in the house even after they screwed me over.

I do partially blame myself for spoiling them from the beginning by staying ahead on the rent and fixing everything for free to the point they felt as if they no longer were liable to do such things.

I figured KARMA would catch up with them soon enough and I did get some satisfaction in knowing that because they neglected the sinking of the house so long that when they did fix it they then had to patch or replace most of the walls and some ceilings in the house, the AC also bit the dust about two weeks after I moved....it took them over six months to be able rent it again and the people stayed for three months, tore the place up and split.

I have been gone from there for four years but do stay in touch with my old neighbor and he has told me that there have been 7 or 8 different renters in there in that time period and pretty much every one of them has stuck it to the landlord. Currently the house is empty and has been since the first of the year. I guess they had to learn it all the hard way. If they had just addressed the settling problem when I first told them about it none of this would have happened and I would probably still be there.

We really loved the house and the idea that it was on the end of a dead end street. I was also told that they would sell me the house, but when I was ready to buy and had a pre-appoved loan to do it they refused and said they had changed their mind and were going to keep it. Again they didnt keep their word but that was their right. I could not at the time find anything else we really wanted. Now since I dont want to stay in this county I am not actively looking for anything here and really can not leave with my wife's dad in very poor health.

And all of this after being the "perfect" renter for 9+ years.

It truly does work both ways but I also realize that in most cases the land owner is the one who gets screwed. Knowing that is another reason why I turned down becoming a landlord when I had a very good opportunity to do so. I also realize the situation I just described is far from the norm, but it sure enough happened.

Payback by way of KARMA is Super Sweet stuff.

[Dolomite_supafly]

My father was renting to a family while he was overseas in the military. The renters hadn't made a payment in a very long time so my father came back to the states to see what what going on. They were still living there and my father told them to settle up or move out. A few weeks later my father came back to an empty house. When I say empty I mean empty, it was a furnished house and when they left they took everything including appliances, light fixtures, sinks, anything they could easily remove. Then there were bullet holes like someone stood in the living room and shot a few rounds thru the house. There was also a some fruit trees that were producing fruit that they cut donw for firewood.

My father took them to court and got a judgement. The courts authorized my father to have a towing company pick up the people's vehicles and hold them until they paid for all the damages. The people went back to court and sued my father for their vehicles back. In the end my father had to release the vehicles back to the people. They said they needed the vehicles back so they could work to pay restitution which never happened.

This happened in the 80's.

Dolomite

[Guest Sgt. Joe]

My daughter and her hubby have tried to do it the old fashioned way and work for their properties. They first bought a double wide mobile home and lived in it until SonIL got a better job in Raleigh NC.

They then bought a nice new house in Raleigh and rented out the mobile home. Within six months the renters were three months behind and they had to be taken to court and kicked out. They left the place a mess and it cost my daughter a bunch of money to get it ready to rent again.

Their second renters ended up being arrested for drugs and again they were out several months rent but at least the place did not require much repair. The third renter stayed the longest but they also got way behind on the rent and had to be evicted. So they once again had to fix up the place and then they put in up for sale. It sat empty forever while they still had payments to make on it.

SonIL then got another much better job inside the beltway and they moved to W. Springfield VA., bought another house and rented out the house in Raleigh.

Same crap happened again as these renters got behind and then they just disappeared. This time they had to take out a darn loan to fix the place back up as it was a disaster, she said that there were holes in the walls, doors torn off the frames and what looked to be paint spilled on the carpet. the house at this time was less than 3 years old. And yes they had run a credit check on the people. Since neither place was paid for they really needed the rent money to make all their payments.

Son in law has a really good job but it was taking everything to make all the payments

They did the first of this year finally sell the mobile home to a management/investment company but did not make a dime on it.

They fixed the house back up and rented it again. This time all they ever got was the first and last months rent (as a deposit) and those people required being taken to court also and evicted. Again they were out several months rent and they had to again replace carpet that was less than a year old and re-paint the whole interior again.

They have since then placed the house up for sale and she says it will sit until it sells. Her endeavors as a landlord were very short and not at all sweet. In todays market there is no telling how long the house will sit before it sells but she refuses to even consider renting it again and I can not blame her.

I simply could not do it. I have been in this house for four years (Jul) and my landlord has 20 something properties, since I have known him I know of at least 6 different times that he has had to repair and evict people, at one point a few months ago he had two going on at the same time, I just dont know how people put up with it. My landlord has told me that in all the years he only has two other houses that have stayed rented for more than two years and one other renter that has never been late. That person has rented from him for over 10 years and the other for nearly ten years, I as I said am at 4.

The difference in this guy and the last people I rented from is he is extremely responsive to anything that goes wrong, when our heating system went out the first few months we were here I called him on a Sunday, he had a man out here late that same day and by the next night we had a brand new heat and air unit installed and running.

I replaced a faucet once and made the mistake of mentioning it to him, I had no intention of having him pay for it but when he found out he sent me a check for 100 bucks and told me to not fix anything else without sending him the bill. Now I fix little things and just make sure I dont say anything. I dont mind taking care of the little things in places that I live in even if it is someone else's stuff.

Heck when the fridge went out that was nearly as old as the house (about 27 years) I just went to Sears and bought my own and had the delivery guys put his out in the garage. A few months later I told him that he could come and get his but that it was shot, I knew this because I had called a friend who is in the business to work on it. Well when the man found what I had done HE went and got a new one and had the people put mine in the garage and hooked the new one up in the house. He gave me hell about not telling him but in a friendly way. He is a Nam Vet and we get along really good.

It truly does work both ways and I feel for you folks who have rental properties and the crap you have to deal with at times. It takes all kinds in this world and being a landlord is just not something I could handle. I certainly hope to one day be a home "owner" but will never be an landlord.

Sorry to inject so much into this thread but over the past 5 years I have seen both the very good and the very bad of this situation from the renters view. It has been as different as day and night and I figured I would share my experiences.

[perstare]

Well, I learned something from that post, regarding irresponsible tenants: There are a lot of deadbeats around. (Surprise, surprise!!)

Looking at it the other way around:

In my lifetime, I lived in one rented apartment for awhile and then moved to a better one. This was after I got a job, after I moved out from Mom-and-Dad's, before I got married.

I paid my rent on time. Always. I kept the place clean. I didn't make much of an effort to be best buddies with the landlord. I just came and went like a phantom. I was the "invisible tenant."

No wonder, then, that I was regarded as an unusual tenant.

Mike B

[lowbud]

just goes to show you just how screwed up the legal system is. Not only is it wasting our time it's wasting taxpayers time too. the whole system is a flippin joke.