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OK, as some of you may recall I had a tenet named James who was a 32 year old divorcee who was renting one of the spare rooms in my house. I didn't do a credit check on James because I figured anyone could pay $575 per month in rent (boy was I wrong) and I just let him move in without even filling out an application.
Trouble started almost immediately. I told James I would be out of town the weekend he wanted to move in so I told him to drop the rent money off at my fathers (James said he just didn't have the money for the deposit so I told him that if he paid the rent in full I would give him 1 month to come up with the deposit). James went over to my father's house to get the key then lied to my father claiming I had said James didn't have to pay any money to move in. Of course when I got back I disabused James of that idea and repeated that I had told him three times he needed to pay the first months rent BEFORE he moved in. However, now James had moved in so I was kind of stuck. James eventually did pay the first month's rent... two weeks late.
30 days later James was again late with the rent and he said I told him he didn't have to pay the deposit. On the 7th of the month (the legal limit) I had my father put a pay or quit notice on the door which included the back rent and the deposit. James did pay the rent and $275 of the $575 deposit and once again attempted to claim I had told him he didn't have to pay the deposit. I foolishly accepted this payment rather then tossing him out on his ass. Further more I couldn't charge James the standard $100 late fee since he had deliberately not signed the lease forms and had been "reviewing them" for the past 6 weeks. I told him if he signed the lease forms and agreed to never be late with anything again then I would let him stay but one slip and he's out. Stupid, stupid, stupid me.
James, who I have now began refering to as ****bag to most other people including to my other room mate (who also refered to James as ****bag), was late with the utilities payment and was once again late with his rent payment so I gave him 30 days notice verbally on Nov 1st. On Nov 2nd I put it in writing and taped it to his door with my dad watching me do it. I went to work and when I came home the notice was no longer taped to the door and James was gone (he worked second shift as a security guard). I assumed that the verbal and written notice was enough and that he'd find another place.
So on the 7th James left to go on vacation to St. Louis to visit his family and was gone until last Sunday night. On the 12th I wrote him an e-mail reminding him he had until the 30th to find a new place but received no reply. On the 15th I sent him another e-mail saying this was the second e-mail I'd tried to send him that it was nothing personal but that I needed a tenet who could pay on time, reminded him he had until the 30th to get out, and even offered to help him move with my dad's truck. James claimed he had never received written notice and that it was unfair of me to expect him to find a new place in less then two weeks. I reminded him I had verbally told him on the 1st and taped a written notice on his door on the 2nd. James claimed he thought I was joking when I told him he had 30 days notice and had to be out on the first then again claimed he'd never received written notice. I wrote him another e-mail stating he indeed had and that I had witnesses and I didn't hear back from James until he came back to California last Sunday.
So last Sunday James appeared at 10 pm at night and went straight to his room. The next day he comes out while I'm cooking (which is unusual since James works second shift and rarely gets up before noon) and again claims he never got notice and couldn't I just let him stay until... get this... THE FIRST OF THE YEAR! I firmly tell him no, that he has received fair legal notice and that he must move out by the end of the 30th as I have a new tenet moving in on the 1st of Dec. James walks out without comment. Last night I speak with James again reminding him he has to be out by the end of the 30th to which James says "I'll try but if I can't find a new place in just a week then that's not my problem since you only just told me" , I repeat the same stuff we've gone over a million times, and then James says "Well, if I can't find a place I'll just be staying here until I can and that's just the way it will be". That's bull**** and I won't put up with that.
So this morning I wrote the following e-mail to James. As is always the case I CC my father and the other tenet just so there are witnesses that these e-mails go out and what was said in them.
I know I am in the legal right. I know I have done everything needed under the law. I know this guy has had constent legal trouble (though I didn't know that when he moved in) and I know he has run up bills he won't/can't pay. I won't let him do the same to me.
Trouble started almost immediately. I told James I would be out of town the weekend he wanted to move in so I told him to drop the rent money off at my fathers (James said he just didn't have the money for the deposit so I told him that if he paid the rent in full I would give him 1 month to come up with the deposit). James went over to my father's house to get the key then lied to my father claiming I had said James didn't have to pay any money to move in. Of course when I got back I disabused James of that idea and repeated that I had told him three times he needed to pay the first months rent BEFORE he moved in. However, now James had moved in so I was kind of stuck. James eventually did pay the first month's rent... two weeks late.
30 days later James was again late with the rent and he said I told him he didn't have to pay the deposit. On the 7th of the month (the legal limit) I had my father put a pay or quit notice on the door which included the back rent and the deposit. James did pay the rent and $275 of the $575 deposit and once again attempted to claim I had told him he didn't have to pay the deposit. I foolishly accepted this payment rather then tossing him out on his ass. Further more I couldn't charge James the standard $100 late fee since he had deliberately not signed the lease forms and had been "reviewing them" for the past 6 weeks. I told him if he signed the lease forms and agreed to never be late with anything again then I would let him stay but one slip and he's out. Stupid, stupid, stupid me.
James, who I have now began refering to as ****bag to most other people including to my other room mate (who also refered to James as ****bag), was late with the utilities payment and was once again late with his rent payment so I gave him 30 days notice verbally on Nov 1st. On Nov 2nd I put it in writing and taped it to his door with my dad watching me do it. I went to work and when I came home the notice was no longer taped to the door and James was gone (he worked second shift as a security guard). I assumed that the verbal and written notice was enough and that he'd find another place.
So on the 7th James left to go on vacation to St. Louis to visit his family and was gone until last Sunday night. On the 12th I wrote him an e-mail reminding him he had until the 30th to find a new place but received no reply. On the 15th I sent him another e-mail saying this was the second e-mail I'd tried to send him that it was nothing personal but that I needed a tenet who could pay on time, reminded him he had until the 30th to get out, and even offered to help him move with my dad's truck. James claimed he had never received written notice and that it was unfair of me to expect him to find a new place in less then two weeks. I reminded him I had verbally told him on the 1st and taped a written notice on his door on the 2nd. James claimed he thought I was joking when I told him he had 30 days notice and had to be out on the first then again claimed he'd never received written notice. I wrote him another e-mail stating he indeed had and that I had witnesses and I didn't hear back from James until he came back to California last Sunday.
So last Sunday James appeared at 10 pm at night and went straight to his room. The next day he comes out while I'm cooking (which is unusual since James works second shift and rarely gets up before noon) and again claims he never got notice and couldn't I just let him stay until... get this... THE FIRST OF THE YEAR! I firmly tell him no, that he has received fair legal notice and that he must move out by the end of the 30th as I have a new tenet moving in on the 1st of Dec. James walks out without comment. Last night I speak with James again reminding him he has to be out by the end of the 30th to which James says "I'll try but if I can't find a new place in just a week then that's not my problem since you only just told me" , I repeat the same stuff we've gone over a million times, and then James says "Well, if I can't find a place I'll just be staying here until I can and that's just the way it will be". That's bull**** and I won't put up with that.
So this morning I wrote the following e-mail to James. As is always the case I CC my father and the other tenet just so there are witnesses that these e-mails go out and what was said in them.
James,
As you are already aware you were given proper notice on Nov 1st that Nov 30th would be your last day. You have received several e-mails over the course of the month of Nov to remind you that the 30th would be your last day. On Nov 30th a locksmith will be coming to the house to switch all of the locks on the doors and on Dec 1st a new tenet will be moving in so you must have all of your stuff out by the end of your 30 days notice. No extensions will be allowed.
Please provide me with a forwarding address as soon as you are able so that I can forward your mail to you and send you the refund of the remainder of your deposit. Once again, if you need help moving your stuff I have a truck and will be happy to help you move.
(my name)
As you are already aware you were given proper notice on Nov 1st that Nov 30th would be your last day. You have received several e-mails over the course of the month of Nov to remind you that the 30th would be your last day. On Nov 30th a locksmith will be coming to the house to switch all of the locks on the doors and on Dec 1st a new tenet will be moving in so you must have all of your stuff out by the end of your 30 days notice. No extensions will be allowed.
Please provide me with a forwarding address as soon as you are able so that I can forward your mail to you and send you the refund of the remainder of your deposit. Once again, if you need help moving your stuff I have a truck and will be happy to help you move.
(my name)
I know I am in the legal right. I know I have done everything needed under the law. I know this guy has had constent legal trouble (though I didn't know that when he moved in) and I know he has run up bills he won't/can't pay. I won't let him do the same to me.
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