landlord question - Back Rent

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  • rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,007
    Harford County
    To get an idea of how these professional slugs operate and how the system protects them, watch the movie "Pacific Heights"
     

    Z_Man

    Ultimate Member
    May 23, 2014
    2,698
    Harford County
    my dad had a tenant a few years back who lived in his house for 9 months and paid only the security deposit and 1st months. single lady with a kid, moved in in October, and my dad couldn't evict her until May due to Vermont having laws about evicting people with children in the winter time. Apparently the lady had been doing this for years and probably continues it to this day, well so long as she found another hopeless man to help make another spawn from.

    It is truly amazing how different each states renters/landlord rights work. some states are your rent isn't paid they file eviction the next day, others you must wait 14 to file for eviction, and it takes another 30 before you can evict. Professional renters learn the laws quick and know which landlords to pray on and which states to move to and from.


    I'll have to watch pacific heights one of these evenings.
     

    JPG

    Ultimate Member
    Aug 5, 2012
    6,996
    Calvert County
    Some info for Landlords

    Landlord/Tenant Handbook from MD Attorney General Website:
    http://www.oag.state.md.us/consumer/landlords.htm

    Right now Security Deposit earns 3% (changes to 1.5% January 1, 2015), Except in PG COUNTY where it is and where it will still be after January 1, 2015 4%.

    Make sure you document the condition when the tenant moves in a give a copy to the tenant. No move in report and you end up in court you will likely lose the "he said she said" dispute about the hole in the wall and if it was there when the tenant took possession.

    Starting January 1, 2015 ALL rental homes built prior to 1978 will be REQUIRED to be registered with MD Dept. of Environment (Lead Law). It does not matter what year the house was renovated the year on the tax record rules.

    July 1, 2013 - At turn over in tenancy rental homes are required to have smoke detectors in all bedrooms that have an internal 10-year battery (no more 9 volts). In PG County CO Detector is required on all levels if you have an attached garage (Even if there is no oil or gas at the property)

    PG County REQUIRES a Landlord License. No License and the tenant finds out they are not required to pay rent. Also if you are in an HOA you have to provide PG County proof you are current in your HOA dues, before they will issue and renew (new policy this year).

    Good Luck Ladies and Gentlemen.
     

    Alphabrew

    Binary male Lesbian
    MDS Supporter
    Jan 27, 2013
    40,749
    Woodbine
    FIRST, Change Your LOCKS...

    Second, SELL Every Rental Property You Own...

    Agreed, I tried the rental property thing. Tenants never made a single payment on time and were a high maintenance pain in the ass. The laws are all pro-tenant and anti-landlord. Not even close to worth it.
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    It doesn't help when the courts are stacked against you. I have 6 rental units. I used to enjoy it until a renter sues me for the security deposit back. They won three times that amount. They lied on the stand. And, they were wealthy people with plenty of money. (Rented to their children to attend Saint Mary's College.) No more students for me. Last one threatened me as well.
     

    Z_Man

    Ultimate Member
    May 23, 2014
    2,698
    Harford County
    Some info for Landlords

    Landlord/Tenant Handbook from MD Attorney General Website:
    http://www.oag.state.md.us/consumer/landlords.htm

    Right now Security Deposit earns 3% (changes to 1.5% January 1, 2015), Except in PG COUNTY where it is and where it will still be after January 1, 2015 4%.

    Make sure you document the condition when the tenant moves in a give a copy to the tenant. No move in report and you end up in court you will likely lose the "he said she said" dispute about the hole in the wall and if it was there when the tenant took possession.

    Starting January 1, 2015 ALL rental homes built prior to 1978 will be REQUIRED to be registered with MD Dept. of Environment (Lead Law). It does not matter what year the house was renovated the year on the tax record rules.

    July 1, 2013 - At turn over in tenancy rental homes are required to have smoke detectors in all bedrooms that have an internal 10-year battery (no more 9 volts). In PG County CO Detector is required on all levels if you have an attached garage (Even if there is no oil or gas at the property)

    PG County REQUIRES a Landlord License. No License and the tenant finds out they are not required to pay rent. Also if you are in an HOA you have to provide PG County proof you are current in your HOA dues, before they will issue and renew (new policy this year).

    Good Luck Ladies and Gentlemen.

    thank you for the good info!

    you can never repeat it enough, you must have everything documented for when you will need to go to court eventually
     

    dgapilot

    Active Member
    May 13, 2013
    704
    Frederick County
    If you've got a house older than '78 don't even think about using it as a tenant house. Read the lead laws and it will quickly change your mind. That was what got me out of the landlord business!
     

    truknbear

    Right to arm Bears
    Feb 21, 2013
    241
    HarCo
    If you've got a house older than '78 don't even think about using it as a tenant house. Read the lead laws and it will quickly change your mind. That was what got me out of the landlord business!

    First, I would like to say that I can understand your position. Being accredited to do the inspections (and a generally congenial and nice guy), me thinks you may have gotten the panties in a wad by misunderstanding how the whole program works . Sure, the limited liability provision of the original 1996 statutory law was ditched after one of the TV lawyers pressed the issue. From what I can gather (IANAL) the regs were rewritten to reflect more on the presumptive nature of an exposure of a person at risk and whether the landlord towed the MDE line.

    The preamble of the law dribbles about the intent is to keep a stock of affordable rental housing. From what I recollect (spoke with folks who were starting a franchise for lead inspections in the late 1990's), post 1978 rental housing represented something on the line 90-95% of the stock., with1950-1978 housing being on the line of 60% of that total.

    There tends to be a significant difference between pre and post WW2 housing (most primary metals were diverted to the war effort during WW2, and post WW2 the powers that be figured out they had a problem since the Eurocrats banned the lead in paint in the early 1900's resulting in the manufacturers putting a voluntary limit in the lead content of interior paints in the early 50's).

    That being said, for those owning post WW2 housing, any lead paint is most likely on the exterior. So if the entry doors into the structure (including the basement) and windows have been replaced there probably isn't a lot of interior lead paint (assuming the prior owners did not work for a steel mill or other place where they swipped battleship gray or highway yellow paint for decorative purposes). For post 1950 properties meeting these parameters (and the cornice, fasicas, soffits have been enclosed) they probably would meet requirements to be considered lead free and exempt from further inspection requirements.

    The final important thing to take into consideration is that a provision was placed into the law that when a rental housing license is required (Baltimore City, Baltimore County, AACO multi-family) then those folks running those programs are required to make sure the property is in compliance with the State lead requirements before issuing the license.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Keep it in small claims. Waive part of it as good faith and realise that the court may reduce the judgement anyway and you will never see court costs. Get the judgement. Then decide if you want to spend time and money collecting... but the judgement will be find able and follow them around for while thus will help others not be taken in the same way...

    If they ever try and buy a car.... or anything else they will come to you to settle.. ;)

    Plus you can potentially sell the bad debt and make it someone else's problem.


    Do not start with real lawyers for such a low amount..

    That's what I would do... but since I am also not local I would need an Atty either way..

    Just an opinion...
     

    Fishguy

    Ultimate Member
    Jun 30, 2009
    5,080
    Montgomery County
    Keep it in small claims. Waive part of it as good faith and realise that the court may reduce the judgement anyway and you will never see court costs. Get the judgement. Then decide if you want to spend time and money collecting... but the judgement will be find able and follow them around for while thus will help others not be taken in the same way...

    If they ever try and buy a car.... or anything else they will come to you to settle.. ;)

    Plus you can potentially sell the bad debt and make it someone else's problem.


    Do not start with real lawyers for such a low amount..

    That's what I would do... but since I am also not local I would need an Atty either way..

    Just an opinion...

    You can buy a car or a house or get a credit card with bad credit and judgements. A bankruptcy makes getting credit even easier. I think it is a waste of time to pursue a judgement in court for tenants; the judgement will prove to be uncollectable and the deadbeat won't care anyway. It's not going to hurt them at all and it will only waste the landlord's time and money.

    Get them out as soon as possible and get a paying customer in immediately then forget the back rent; you'll never see a dime.
     

    G O B

    Ultimate Member
    Nov 17, 2007
    1,940
    Cen TX
    !. If you are keeping the deposit, you MUST send a registered letter listing damages that exceed the deposit amount.
    2. Sell the debt to a collection agency. The 30 cents on the dollar will be more than you will ever collect from the deadbeat. You may also be able to sell their new address to their creditors if any come looking for them. I haven't had a rental house since the 80's but I made $150 bucks back then on selling their new address!
     

    JPG

    Ultimate Member
    Aug 5, 2012
    6,996
    Calvert County
    If the judge rules with you can't you get a collection agency involved or somehow hit their credit?

    If you get a judgment for rent (monies owed - late fees, attorney fees, rent, etc.), a "Landlord Judgment" with the amount owed will show up on the credit report. The credit agencies get that info from the courts - you don't need to tell them it is automatic.

    GO to District Court for all your Landlord cases.
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    33,860
    Most of the above problems could have been avoided if the tenants had been properly qualified and screened before the lease was ever signed.

    If you have a property to rent, and unless you are willing to put the time and effort into vetting and getting to know a prospective renter and his/her qualifications before you sign all the legally required disclosures and documents, list it with a realtor who can prequalify prospects. It will cost you probably the first month of rent on a one-year lease, and won't guarantee anything (they work on commission, too), but if you choose your realtor carefully, it puts your prospects through a qualification hoop that lots of the above complainers probably didn't use.

    I've had some instances where damages were deducted from the security deposit, but haven't had to take a deadbeat to court for rent.

    Because I don't rent to deadbeats in the first place, and neither should you, unless you choose to play that game.
     

    mattyrayb

    Member
    Feb 23, 2010
    53
    waldorf
    Sorry to resurrect my old thread, but my court date is on Monday and I'm going through my paperwork trying to make sure I have my bases covered so that the judge doesn't rip me a new one.

    When the renters moved out they left some damage behind that I took pictures of and fixed, but now in hindsight I realize that I should've gotten an estimate from a contractor/handyman company so I have paperwork to show justification for keeping the security deposit (as if nonpayment of rent shouldn't be enough).

    Is anyone here a contractor/handyman (or knows someone who is) that can give me an estimate based on the damage/repairs I can send via PM?

    Thanks.
     

    ngman

    Active Member
    MDS Supporter
    Apr 19, 2013
    602
    Western Howard County
    Even though it's over the $5,000 limit you mentioned, I'd still go through small claims court and sue for only $5,000. It shouldn't cost very much to get the case filed and summons served. (Check for small claims court info online in your jurisdiction). As others have mentioned obtaining a judgment should be easy, collecting will be harder. At a minimum, it will hopefully screw up their next attempt to rent, or obtain credit. I'm sorry that happened and wish you success.
     

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