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The Bully Tenant(4)

Diane wrote this comment on my post about Evicting your tenants:

They are not maintaining the apartment – it is filthy. Although lease states they must maintain, isn’t this subjective and how can I hold them accountable? They are also in default with our no pet clause, and having furniture in front of an egress door; do I have to give them a notice of violations with time to correct, or can I do an immediate evict? They are very scary – threats to fall down stairs as “they know the system” and have thrown a ton of bogus allegations of needed repairs as a way of delaying rent, using rent escrow threats. They are a handful – we feel like we are out of our league with these winners! They seem to know the rental law and how to work around it better than anyone! We believe they are using drugs, but have no way to prove, as their behavior is very volatile, erratic, moody, threatening and paranoid. I, too, would appreciate any guidance on resources; I have read MN code and the Attorney General handbook, and continue to research online. I just feel very inept and want to be sure I am doing this correct and legal as they throw threats at us each and every day and I know that they will show up in court and fight anything that we do! I, too, would love to know contact information regarding the service that you mention. I have contacted our lawyer for guidance, but he does not seem too versed in this area of law. Please help.

Diane called me and we talked through her issues.  Essentially she has a bully tenant.  Someone that is going to try and push you around whenever they get the chance.  These tenants are very difficult to deal with.  It is unnerving to be threatened and you lose sleep at night thinking about what they are doing to your investment.

Many landlords just hide and hope this will get better and that if they meet all the demands of this abusive relationship, everything will be fine.  I am here to tell you; this situation is not going to get any better.  I have seen landlords wait 6+ months to do anything.  I was in court Tuesday and one landlord said the tenant had not paid anything in 6 months!  What?  Are you kidding?

This tenant currently owes Diane the May’s rent only.  Although I am not an attorney, I told Diane that she needs to file an eviction immediately for non-payment of rent and for the lease violations (pets and operating a business out of the house).  Unfortunately, I expect this bully is going to be a bigger problem before they get him out.  I hated to say it, but I told her she may have to expect that he is going to destroy the house.   That is just who these people are.

Most importantly, though, the problem will be done.  Diane can repair the house and move on to find a better tenant.   Thankfully we don’t see many of these types, but an eviction on his record may help the next landlord steer clear of him.

New Home Valuation Code of Conduct(3)

Effective May 1, a new law was put into place nationwide in the mortgage industry called the Home Value Code of Conduct. (HVCC). Whether we like it or not, from this point forward, loan originators are not allowed to have any communication with appraisers regarding the value of a property. This includes “comp checks”, purchase transactions and refinances.

All Banks, Mortgage Brokers and Mortgage Bankers are subject to this new law.  When looking at properties, it will become more important than ever to properly assess the value of a property before making an offer so you don’t run into an appraisal issues. To read more about these changes, check out the details at Investment Mortgage Guy.com

Contacts and information

  • 612-281-5419
  • Scott Ficek

Copyright, Scott Ficek-2011

Re/Max Advantage Plus
MN Real Estate Team
17850 Kenwood Trail
Lakeville, Mn 55044
952-898-5800

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