Tenants from Hell treated like angels by the courts
while good landlords are treated like Hell.
A tenant it seems has so many protections from bad landlords This is good.
But the system doesn’t seem to protect the landlord from tenants from Hell.
In these days of homes and Condos not selling, many owners are reluctantly becoming landlords out of necessity. Watch out! There are terrible tenants who enjoy playing the game of not paying rent – living for free every month in the home you have to pay a mortgage every month. To makes things worse, some vindictive tenants play the system. In the end they lose but during the course of action the landlord could lose his home.
If a Landlord shuts off utilities even if they are shut off for not being able to pay them because the tenant is refusing to pay rent—the landlord could be fined $1000 per day. The courts ignore the direct relationship of rent paying for mortgagees and utilities.
By time a landlord goes through the process of giving tenants a “Demand for Payment”, “Eviction Notice”, and a court date in front of a Judge—3 months could have passed with no rent paid. Upon winning in court the writ of possession (eviction), a tenant still has 7 days to respond with “an intent to appeal” to the supreme court–30 days to actually write this appeal, and send a copy to the landlord (which they usually wait until the last minute to do) The landlord has only 10 days to respond to this appeal. The Supreme court can take up to 2 months just to review the case.
Upon filing the “intent to appeal”, the tenant is required to pay the district court the current rent on a weekly basis. Amazingly, the landlord doesn’t get the money—so you have tenants who have not paid rent for months, they were evicted for not paying the rent — and the court won’t pay the landlord the money being collected for the current rent during the entire appeal process, –Easily 6 months can pass before a landlord sees a dime he was contractually due in the first place—no mortgage company will agree to wait that long.
The courts can kill a landlord.
There is no incentive for a tenant from hell to be anything less than evil. The tenant who is blatantly “playing the system” is wasting taxpayers money and the courts time, and can force the landlord’s property into foreclosure. What role does our own court system play in protecting the landlord from the total financial destruction caused by these abusive tenants when the court itself is refusing to release the money collected for current rent. Can a landlord evict the court system for not paying the rent?
In the meantime, landlords can loose their shirts, their credit, and possibly their home. All the delays prevent the landlord from being able to advertise and arrange for a paying tenant to move into the unit since it is unclear when the landlord will have possession, even months after winning an eviction case.
A Fair Change in the law is needed.
Here is my suggestions regarding non paying tenants found guilty of –well not paying rent..
A) When district court finds tenant to be in violation for non payment, a writ of possession will be granted.
B) If tenant decides to appeal to the Supreme Court then tenant pays all money owed in the judgment into an escrow account with the court
C) Tenant also be required to pay into the court current rent on a weekly basis–as is required now
D) Landlord is paid for current rent for each week during the appeal period through the court- after all, the judgment was for the PREVIOUS months of unpaid rent, not the current rent.
E) Once the appeal process is complete, and landlord prevails, then he should have all moneys paid directly to him immediately
F) Tenant pays all court costs, all late fees as spelled out in their lease agreement, plus damages and attorney fees to the landlord—which in my opinion should be severe.
G) If tenant is found to be “playing the system” he should face paying all court costs Both the District and Supreme Court should have serious damages against the parties who waste the taxpayers time and money with frivolous and bogus accusations.
H) All tenants found guilty be placed in a state funded deadbeat tenant site assessable to everyone for free (like the sex offender list).
Other flaws in the system.
1) When a tenant appeals to the supreme court, he is required to pay the current rent on a weekly basis to the court. What is never taken into consideration is that the late charges are not being paid to the landlord. This means that the landlord ends up paying late fees to their bank and not being compensated with the late fees. THis is a killer to the landlord.
2) If there is a tenant in default of paying his rent, then the landlord should not have to return the items left in the unit after the 28 day time frame a scollterol until the court has given final judgment/bench warrant for his arrest/ or satisfactory paying arrangement for all monies due. After the 28 days, the landlord should be allowed t charge for storage regardless.
3) If there are tenants who not only refuse to pay but are doing illegal activities, they should be kicked out immediately.
These changes will force abusive tenants to think twice about playing the system. It shouldn’t impact them financially since they were obligated to pay the rent money anyway. It will also help expedite the process of not wasting more months in courts chasing evil tenants for the money they were suppose to pay in the first place. The landlord is financially hurt the first month the tenant doesn’t pay.
I appeal to all the judges, attorneys and landlords to change the unfair system that rewards tenants from Hell. Otherwise, I believe the business of hiring guidos who like to rearrange knee caps will become prevalent. —
Maybe more judges should become landlords.
Click here for a link to a deadbeat tenant list