What to do?

[seconds]

My Chapter 7 was discharged in November of 2009. I have a property in Florida that is still pending in foreclosure. The foreclosure is being held up the Sailor's Act, because of my husband being in the Military. We wanted the house to foreclose so that we can just move on, but GMAC hired a lawyer for us to assist them in the process. According to the court, there hasn't been any action on our foreclosure since September. My tenants who have lived there since 2008, refused to pay us beginning of June last year, after their lease was up. They contacted me again in November of last year to re-negotiate the $1200 rent down to $800 so they can stay at our home until May this year. I accepted to forgive the 6 months that they owe us for the rent, and instead agreed on the lower rent. They paid late since then, and when I called on the 9th of April, 2011. He refuses to pay me again. Saying that he had already paid me too much for a house that I'm not even paying on. I talked to my lawyer, and he advised me to evict my tenants. I kept them there because I live in California now and do not want the house to get vandalized. Long story short, I was wondering if there's anyone in the same situation. And what did you do? I served my tenants a Three Day Notice today, and I'm hoping to kick them out in May. Can I sue them if they leave the house and take stuff out? OR sue them for the rent they never paid? Is it even worth it after the Chapter 7? Thanks!

[ssmdem]

Not near the amount of money you're looking it.....my tenants didn't pay the last two months and left about $1000 in damages to our rental house. I chose to let it go and not deal with the hassle. Ours is vacant now - and yes, it's already been broke into --- can't prove it, but I know it's the tenants we kicked out --- so there's another $500 or so. We're now planning to fix it and just rent it on a month to month basis to a friend at a low price. Figure out the amount you could sue them for and determine if it's worth the effort to you. If you made a substantial amount of rent when you weren't paying -- it may not be. The eviction on their record was enough payback for me!

[StrawberrySu]

Seconds, I feel your pain. My two tenants in my two rental properties are what have triggered my need to file BK. I finally realized how to tell if my one set of tenants was lying ... if their lips were moving. My tenants are two months behind on rent and have been served 3 day notices both months. Didn't start eviction process because she would tell me on an almost daily basis she was bringing the money by. At this point (we haven't paid mortgage since January), I feel if we take them to small claims court, we won't be able to collect, but our trustee when we file bk in the fall will. I am also afraid this would delay our closing while he tries to get money from these two clowns. They make $3000 a month, but can't pay $600 rent. I don't want to pay to evict them unless I know it will go on their record even if they move out before the eviction date, it would be worth the sweet satisfaction then, lol.

Last night was the cherry on top. We had given her notice we were coming by to inspect the property, because when I told her two days earlier her time was up, she said "there is some kind of animal in the house, it's not safe to be here, I am taking my kids to my mom"s!" Yippee, got her out of the house right? No, she's still there. Last night, hubby didn't make it home early, and we decided to wait until tonight. She texts me around 7 asking if he had been by, she had seen our car, etc. Then calls me hysterically, saying "I know you were here today, you left evidence all over! Tried to cover your tracks but you missed things! There is an animal running thru the house! You broke a window! We have the evidence! Honey get the kids we are leaving! Oh my god, the raccoon pissed all over my son's pants! I am calling the police on you! I am calling the police!!!" Then she hangs up.

Well, as you can imagine, we are freaked out. Try to decide what to do.....after 15 minutes, we call the police. Agree to meet them there. Drive half an hour in a thunderstorm. I am shaking all the way and my heart is racing. End result ... no broken window, no sign of forced entry, no animal evidence except for some walnut shells in an old closet next to the attic. Officer shrugs ... maybe a mouse or a chipmunk or a squirrel. Dishes piled to the sky, laundry everywhere, dog not approved, and the officer told us, when we said "what should we do at this point?" ..."get new tenants".

I told this girl once we stopped collecting rent, when it got closer to our filing time, she could stay there rent free until the BK was over. She had the money for the rent, she just wouldn't pay it. She gave up prolly a years free rent because she wouldn't pay now. How stupid is that? I know once she is out the house may be vandalized, but what can you do. My hope is to rent it out after BK. Thinking of posting a note on the door: Attention vandals: home has nothing to steal, copper pipes are all replaced with pvc.

I don't understand how the law seems to be so one sided for tenants and landlords get the short end. We are involuntary LLs at that, like you. As far as your tenants taking stuff or damaging the property, wouldn't that be considered theft and vandalism? I will definitely call the police if my tenants do either of these.. Now, with the cops coming last night, they know what the place looked like, and that our tenants are crazy liars. I think it was worth the trip. Oh, her last text, after we had left, was "I can't believe you!"