Professional Deadbeat

If you rent to someone, and they don't pay the rent, you have to go to court to evict them.

Does this make sense, that the person is holding your property hostage and yet you have to pay to go through a tedious time consuming process to get them to leave?

Well, we have what Harry calls a "professional deadbeat" holding our rental house hostage. And, we are discovering that he is way more clever and dangerous than we first imagined.

This man brought his pregnant wife and three sons here from Chicago. He told Harry an elaborate story about why they had needed to leave that area and that he was a trucker and would be making long hauls with his own truck. He paid up front for the first month and security deposit, no problem. There was a problem with the air conditioning and when Harry went to the house, he was thrilled at how clean they were keeping it. The first of the next month came and went - no rent. Harry contacted the tenant after it was late for a few days and the tenant said that his wife had delivered the baby and was depressed and he had needed the money to buy her mother a plane ticket to come here from Poland. Because she was so depressed, he hadn't been able to work as much but would catch up. My radar was catching some clues that made me uncomfortable when he starting ranting on the phone about the poor medical treatment his wife had received after the delivery. Of course, he has no insurance and the hospital will be eating the expense but instead of gratitude he was full of complaints.

More time passed, no rent. We didn't here from the tenant unless we called which is always a bad sign. If someone has intent to pay you, they call and ask for an extension. He said his truck's computer had been stolen causing him extra expenses. Then we received a call from the next door neighbor saying the police had been to the house twice in the middle of the night with a warrant for the tenant's arrest but he was not there. We got nervous and made arrangements to inspect the house and the wife told us that she would not move until "the court throws me out." Not what I would call a responsible attitude! I did a photo inventory and discovered beds and mattresses that were part of the furniture in the rental were missing. Much of our furniture was placed on the upper porch out in the elements. Harry noticed that the garden hose was up on the upper second floor deck.

Harry started the eviction notice and a three day notice was taped to the inside of the door because it was raining. The wife called the police. (Yes, Harry was wrong, you cannot enter the house without permission - but you know he is a bit of a buckaroo). Then, the tenant called one evening ranting and raving and not making much sense. He accused Harry of slashing his wife's tires and denting her car! Harry hung up the phone and called the police. He said he just wanted on record that he had received a threatening phone call but did not want to file charges. The eviction proceedings continued, only to be thrown out by the judge on a technicality - that we had a P.O Box and by law the clients needed two more days than normal in the proceedings. Of course, no one told us that. Going to the court house to do this process is like finding the light switch in the dark in a house you have never been in because you have no idea what you are doing and get zero help from the clerks. Harry had great luck finding a person in another city who took the time to answer his questions, but at our court house, forget it.

So, the proceedings began again. The tenant made another veiled threat to Harry. In the meantime, the tenant is back at home with his semi in the front yard and a hose broke spewing hydraulic fluid all over the street and yard. This is very caustic material and the neighbor called, yet again and reported the tenant to the code violation people. Poor neighbor, I am sure he is just thrilled with our renter at this point who now has a semi in the yard. Harry visited the renter again, who now seemed rational and shared a long tale of woe with Harry about how he didn't get paid for $25,000 worth of hauls because the contractor went bankrupt and how his truck is broken, his father is an alcoholic and cannot help and wants to give up and move back to Poland. At this point, we cannot wait to get the man moved out and Harry is willing to help him in any way (including giving him money) to get his truck fixed, loaded and out of town. I told Harry he was nuts, that this guy is trouble. He vacillates from charming and engaging to threatening. Fortunately, Harry kept his wallet in his pocket!

The kicker came today. Our realtor accompanied Harry to the house today along with the Bank Appraiser on an appointment set up several days ago(all legal and part of the lease) and the tenante would not let them in but pointed through the front door to a huge hole in the front hall ceiling and the tenant begins a story about mold with more veiled threats to Harry that the tenant is going to go to court and say that he hasn't paid the rent because the landlord hasn't taken care of the house. The realtor commented that there has never been any damage to the ceiling before she has been in the house many times. What Harry discovered is that the hose he noticed on the second floor deck is now running into the house upstairs throught the sliding glass door at the spot of the hole in the ceiling. Fortunately, I have photos taken two week prior and the condition of the house is perfect.

So, Harry is at the courthouse yet again, filing charges for destruction of property, threatening phone calls, and whatever else the police suggest. He is also trying to find out what happened with the warrant for arrest that was outstanding before - but interestingly, the contract is in the wife's name and we have no clue what the husband's (who I have been calling the tenant) last name is. Therefore, we cannot assist the police in searching their records for a warrant. Wily fellow!

I imagine the tenant threatened the man in Chicago who supposedly didn't pay him and that man filed charges. Maybe my imagination is running wild with that idea, but if someone is willing to create the chaos he has so far, nothing would surprise me. I will have to keep you posted, because when the judge rules the family has to leave, they have 24 hours, period. That should be interesting.

The very sad thing is that the children are caught in the middle of a maelstrom with two very devious, "professional deadbeat" parents. And, at the suggestion of the sheriff, we need to hire an attorney to make sure that we get these people out. So, kiss more money goodbye. Harry's mistake, he should have done a background check. However, who thinks like that? Not us. What happened to a handshake and a deal's a deal?