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Old 11-08-2009, 01:22 AM
 
Location: Here and there, you decide.
12,908 posts, read 27,984,887 times
Reputation: 5057

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Quote:
Originally Posted by olecapt View Post
Airics...don't borrow trouble. Go talk to the tenant. If they are rational make a deal.

I would agree a new tenant is likely if they get much of a moth behind. But then again even that can be worked to minimze your loss.

So go try and do an arrangement before you start eviction. Does not cost anything and may pay off well.
Supposedly by Monday, she will have the balance of the Oct rent due and in 2wks the November, so we will see....

Sad thing is that I found out that I could buy the same darn house for 95k... I owe 200k and thats after putting 60k down... argh... I wonder if that guy in Washington knows whats going on in this town...
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Old 11-08-2009, 01:26 AM
 
Location: NW Montana
6,259 posts, read 14,673,018 times
Reputation: 3460
Quote:
Originally Posted by airics View Post
Supposedly by Monday, she will have the balance of the Oct rent due and in 2wks the November, so we will see....

Sad thing is that I found out that I could buy the same darn house for 95k... I owe 200k and thats after putting 60k down... argh... I wonder if that guy in Washington knows whats going on in this town...
Just remember that you are violating your agreement with the tenant by accepting late/partial payments. It could work against you in FED court.
Good Luck, sorry on your loss in value, it is completely ridiculous. I am very lucky I got out of Oregon when I did.
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Old 11-08-2009, 01:28 AM
 
Location: Here and there, you decide.
12,908 posts, read 27,984,887 times
Reputation: 5057
technically there is no longer an agreement since the lease has expired...
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Old 11-08-2009, 01:37 AM
 
Location: NW Montana
6,259 posts, read 14,673,018 times
Reputation: 3460
Sorry, did not catch that. Well then you have an unauthorized tenant.
I would think that you now have no bases for collection of rent, do you intend on the tenant staying?
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Old 11-08-2009, 01:46 AM
 
Location: Here and there, you decide.
12,908 posts, read 27,984,887 times
Reputation: 5057
umm the lease goes to a month to month with a 60 day notice to vacate...
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Old 11-08-2009, 01:49 AM
 
Location: Here and there, you decide.
12,908 posts, read 27,984,887 times
Reputation: 5057
wasn't born yesterday about the laws of renting... (just had questions regarding to nevada)
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Old 11-08-2009, 01:50 AM
 
Location: NW Montana
6,259 posts, read 14,673,018 times
Reputation: 3460
That is good!
LL work is often quite complicated. Still if you continue to accept rent payment out of the contract terms you may not be able to succeed in court. Are you writing any of these promises with a clause that you revert back to the original contract terms if dates are missed? This allows you to take partial payments without violating your rental agreement.
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Old 11-08-2009, 01:52 AM
 
Location: NW Montana
6,259 posts, read 14,673,018 times
Reputation: 3460
Quote:
Originally Posted by airics View Post
wasn't born yesterday about the laws of renting... (just had questions regarding to nevada)
Sorry
Did not mean to insult
I feel your pain, many years of tenants under my belt.
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Old 11-08-2009, 10:04 AM
 
Location: Kailua Kona, HI
3,199 posts, read 13,393,765 times
Reputation: 3421
I have never heard that accepting partial payment constitutes violation of lease terms by the landlord. the tenant has already violated the lease by being late. The only thing accepting partial payment does is void a 5 Day if one has been served, making it unenforceable. And I have never seen a residential eviction case make it to Federal court either. Those are local jurisdictions which in the case of Nevada, is a "township".
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Old 11-08-2009, 11:10 AM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,192,639 times
Reputation: 2661
Quote:
Originally Posted by KonaKat View Post
I have never heard that accepting partial payment constitutes violation of lease terms by the landlord. the tenant has already violated the lease by being late. The only thing accepting partial payment does is void a 5 Day if one has been served, making it unenforceable. And I have never seen a residential eviction case make it to Federal court either. Those are local jurisdictions which in the case of Nevada, is a "township".
Yup, Nevada is LL friendly. The issue is did you pay the rent...if not out. A skilled tenant can drag it out a while...but it is not a tenant friendly place.
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