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PDF Editor FAQ

My tenants haven’t paid rent in 2 months, can I legally hold their belongings until they pay rent or do I need to take them to court?

Don't step outside the bounds of the law, it will come back to bite you on the butt! My bad tenant wouldn't pay his rent and called the board of health on me to try to not pay. The problem was that he didn't notify me of any issues as required by law, he never gave me the opportunity to view and repair the issues. Now, before he moved in, we went thru the apartment and I listed ANYTHING he saw as an issue and repaired EVERYTHING to his 'satisfaction', documenting this in a video before he moved in. Now, almost three years later, 'there were issues'. His response was to withhold the rent... bad move on his part. (I later found out that he lost his job and felt this would help him 'not have to pay' rent... WRONG!).The town board of health sent me a letter and we met at the property. As HE was the complainant, he was SUPPOSED to be there also. Since he chose to not show, he defaulted so I 'won' that case even though I had no responsibility anyway as he 'signed off' via that video that the property had NO ISSUES at move in. I am not one to sit back so, as the lease stated I as landlord have the right to 'enter the property without prior notice for emergency situations' as long as I notified the tenant after the fact of the entry. Since the tenant listed all these discrepancies and since he called this meeting he had PRIOR notice of this meeting so I was well within my rights to allow the Board of Heath inspector in.We were in for about 5 minutes when the tenant showed, as mad as a wet cat that we were in 'HIS' apartment. He stated that as long as he lived there, it was 'HIS’ to do with what he wanted to do'. That lasted three seconds! I told him all the rent did was give him exclusive rights to LIVE THERE and no more. I added "since you are two months in arrears, you have NO RIGHTS AT ALL to this property so since YOU called this meeting, stop posturing before I call a sheriff and have you removed as a squatter". That shut him up.We went over the list. Since he signed off on the video ALL found was proven to be his doing and HIS financial responsibility to repair. I say financial responsibility as his lease states 'the tenant cannot themselves not (?) arrange repairs without the expressed WRITTEN permission of the landlord' and 'all damages caused by the tenant will be repaired BY THE LANDLORD and full payment for same will be rendered by the tenant to the landlord UPON DEMAND. I also found out he was sub-letting a room (lease violation). When all the dust cleared from his board of health scam he still withheld the rent without reason this time. I saw what was going down so I decided to get him out. I gave legal notice of rent increase. I sent him a notice by putting one copy in his mail slot, one by regular first class mail AND one by certified mail, return receipt requested (to prove it was received and by whom).As allowed in his lease and by Massachusetts law, I was going to increase his rent with the required 30 day notice. On April 28th I sent out the aforementioned notice. His rent went from $1000/month in April to $5000 in June, "one second or all month the total rent is due with no proration due". He was out on May 30th. I then went to court to recover damages and rent. He defaulted. A warrant was issued for his arrest. I gave this to the sheriff to recover and transport to jail pending appearance before the judge. I was advised by a friend to give the warrant to the sheriff the warrant late on Thursday, this would assure that since he would not see the judge on Monday morning, that he got to be a 'guest of the state' from Late Thursday until Monday. I received ALL the monies owed me plus interest. He received a judgement against him, a criminal record and since everything he did was illegal, he moved out of state as no one in the area would allow him to rent with the record, history of non-payment, calling the board of heath and using them as a tool to avoid rent, etc.My advice to you? Bring them to court. You CAN put their possessions in storage. Check with YOUR LOCAL COURT to see what you can and can't do. I have learned that if a tenant runs afoul of the law, less happens than if a landlord does, this at least in Massachusetts which is anti-landlord and pro-tenant'. I seems counter intuitive as it is the landlord paying the taxes. You would think that a tenant that won't pay rent would be more harshly treated but alas this is not so here. Good luck.Addendum: Many seem to think this is fiction, it is not. It happened exactly as written above and herein. I found that this tenant does this everywhere he lives. He frequents three towns to rent in, lives there without issue for about a year, then starts ‘finding issues’ with the apartment so as to stop paying rent. So far I have found a few other landlords he owes and three friends that he conned out of money. He has never rented and left without owing. All the issues he found in my place, he caused so that went south on him real fast. He then had to PAY for the repairs because tenants are forbidden to repair anything in my property per the lease they sign. Once signed, it is a legally binding contract unless something is not lawful. Everything I put there is lawful. When his games started getting out of his control, he began to attempt ramping it up. He is good but alas I am better I have the law behind me. I have found also that he conned one of his ‘best friends’ out of ~$2500 and that when the warrant was issued, he skipped and went back to his home country. (Can’t pay his rent or friends back but had the money for a last-minute ticket overseas). I found that he does this regularly. This is his M.O., it is how he lives on the backs of others. He is now being ‘sought’ because of the warrant. That will never go away. If he comes back, he will be arrested when he sets foot in the U.S.A. and be brought before a judge. At this stage my claim is the least of his worries. His ‘flight to avoid arrest’ is what he now has to look forward to. I hope he is bold and stupid enough to come back as I do so want to see him in court. His bail, if by some act of God is granted, will include his debt to me with penalties and interest and court fines etc. on top of the ‘risk of flight’ bail which will probably be denied as he ran once already.

What was your biggest regret in renting an apartment?

Got along very well with the landlord and landlady. Both said on a few occasions that my wife and I were “ideal tenants.” No noise, no complaints from neighbors, no wild parties, no missed or late rent, etc. It came to the end of our lease and we’d decided to move out of state.Perfect said the owners because then they didn’t have to feel bad canceling our renewal because they wanted to move her son into our apartment. They came over, inspected and were delighted at how clean we left everything. Her son could move right in, she said. Okay great, how about our deposit. “We’ll mail it to you,” they said. As you know “we have 30 days under state law and 21 days if we happen to find anything we have to charge you for to get you an itemized list.”Fine, off we went thinking that the $1,500 security would come in handy in our new location. But no … we got an itemized list two pages long with charges totaling up to around $1,385 and a check for the balance. For example:dust found behind refrigerator.dining room hardwood floor clean but not recently waxed.windows clean inside but outside (we were on the 2nd floor) needed washing. A hand-written note said we could have “asked to borrow the hose to at least wash them down.”bathroom and toilet cleaned but we didn’t hand clean the grout around the tub tiles. Bathroom mirror cleaned but had streaks when held at a certain angle to the light.two ceiling lights — globes not removed and insides cleaned.… and so on.The final touch, a hand written note from her saying we had been great tenants, perhaps the best they’d ever had. That one left us scratching our heads until we read the rest of the note. “If you choose to dispute our charges, please feel free to file in Small Claims. We will be happy to negotiate a settlement if served with your filing documents. Nothing against you wonderful folks — we always do this. As you know, my husband and I are attorneys and this is our standard practice.”True or not, I have no idea. But I do know that she had to know we were now living 2,800 miles away because the envelop was hand-addressed. It was the same handwriting (at least so it appeared to us as non-experts) as the note. How likely was it that we were going to file a case for the then $500 limit out of the total amount held out under the circumstances.My hunch is that if a tenant did file, they’d probably try to negotiate down to the maximum $500 the court could award and agree to settle at that.

What are some bitter facts about house-owners in Bengaluru?

I have been staying in rented houses in Bangalore from 2010 for the past 8 years and totally I have stayed in 7 houses (which includes present one as well). My answer is based on not only my experiences but also on feedbacks what I have received from numerous number of friends.Of the 7 houses which I have stayed, 2 times I stayed in an house whose owner was a Reddy.Disclaimer: Before I go further, let me explain very clearly that I have absolutely no intentions of hurting any community whatsoever and my answer is based only on years of mine and my friends experiences.Believe it or not, when you stay in an house whose owner is a Reddy, your landlord problems will never end. And more richer the landlord Reddy is, the more cheaper his behavior will be. I am not saying every Reddy landlord will give you problem, but I am saying with certainity, majority of them will be problematic landlords. Let me list the type and range of problems they will create for you.Note: Of all the problems I am listing below, I never had these problems with other landlords.Faulty Electrical Appliances: When you shift into the Reddy's house, the first thing what you will observe is that the electrical appliances like fan, geyser, lights etc will not be working or will be in a very bad state. It is the courtesy of the owner to ensure that the electrical appliances are working fine before the new tenant comes. When you bring these problems to the notice of a Reddy landlord within the first couple of days after you check in, they will very shamelessly say that it is your problem and the owner is not responsible for it. What is worse is that, those faulty electrical appliances will be installed by the landlord just before the new tenant comes and the functioning appliance will be sold/exchanged with the local electrician crook friend of his.PAN Card: If the total house rent is more than 1 lakh Rupees in an year (greater than 8333 per month), then the owner should give his PAN card details to the tenant. To get the PAN card from a Reddy landlord is an Herculian job. For the entire year, they will keep saying that they will give you during the tax filing time and when finally the month of March comes, at best they will give you either their wives or children PAN card details. They will give you a common explanation that the house is under the name of his wife or his children and hence, he can give only their PAN card to you.In one extreme case, my friend was given a PAN card of some unknown person and when he asked whose PAN card was that, the owner(Reddy) said that it is his wife's brother and he is the actual owner of the house. After few months, my friend was shocked to know that PAN card identity belonged to one of the previous tenants and the Reddy landlord is misusing some of his previous tenants PAN card. Based on this, I will advice to all prospective tenants to never give your PAN card details to the owner and if the owner is a Reddy, never ever give it.Unclean corridors but require clean houses: Through out the year, the Reddy landlords will keep on irritating you to keep the house clean but never ever will they bother to keep the steps/corridor/common area clean.Outside damages are never taken care of: If the light bulb on steps/corridor stops working or for that matter if anything requires repairs/replacement and responsibility lies with the owner, the Reddy landlords are very notorious in getting it fixed. For months together, the problem will be there and it will be resolved only after tenants complain about it repeatedly.Require payment of rent on time: If you ask a Reddy landlord to give you extension of monthly rent even by one single day, they will tell you all type of stories to you. They will come to your house on hourly basis and will keep on irritating you. What is worse is that, they will cut the electricity supply to your house and it is going to be you who will have to repair that as well.Inflated electrical bills: This particular issue may happen if the Reddy landlord stays in the same building but chances are less, as most of the times, they have looted enough from people and stay in posh bungalows built by them. What I mean by inflated electrical bill is that your house's electrical bill will be coming high inspite of you being very careful with electricity usage. Upon careful and thorough investigation, it was found out that the wires were all tweaked and house's electricity meter was reading from some parts of landlord Reddy's house as well.Total nuisance at time of leaving house: This is the part of time at which Reddy landlords will show you their truest cheap behavior and their absolute uncultured manners. Upon using the house for a year, it is natural that there will be some dust accumulating on the walls and there might be some small scratches happening on something. Though they will deduct one full month for the painting (inspite painting doesn't cost more than 25% of monthly rent on average), they will try to cheat you by saying that walls have become very dirty and will require extra painting. Also for tiny scratches, they will put heavy penalties on you. And what is worse is that, the very same electrical appliance which you got it repaired/replaced at the time of joining the house, they will notoriously say that it used to work better when the house was given to you and the Reddy landlord will try to cheat you on that as well.Giving back security deposit: If it so happens that you leave the house without collecting the huge security deposit you have paid, a Reddy landlord will take you for a huge ride before he gives it back to you. Due to some extreme reasons, I had to leave the house without collecting my security deposit and then for the next 5 months, I was just being told that he will give me next weekend. If I go to his posh bungalow, his wife/servant will open the door and they are instructed very well to say to previous tenants that he is not in the house and come afterwards. When I call him, the Reddy will use extreme vulgar language and will say people have given him lakhs of Rupees as security deposit and what is my few thousands in front of it?I see many people in other quora threads say that you should send a legal notice etc type of things in such type of cases, but trust me, you will end up spending even lot more money if you do it as I had thought of doing it. At the end of 5 months, I got very badly frustrated and I went to police station which is another corrupted organisation. I bribed a sub-inspector over there of Rupees 5000 and immediately he took me to Reddy's house. Upon seeing the police, Reddy immediately gave me back my security deposit with all the cuts he had told he was going to make.Racism: Reddy landlords will be racist as well. If the tenant happens to be another Reddy, the landlord Reddy will not create these types of problems to him/her. The landlord Reddy will maintain good relations with tenant Reddy for sure.Conclusion: If you see, these are all the type of problems you will have if you happen to stay at the house which belongs to a Reddy. And trust me, the bad experience and trauma lasts with you even after you leave the house. It will keep haunting you in whatever you had to suffer in a Reddy's house. While I will agree that the house of a Reddy might look better in the first impression, you have to understand very clearly that the Reddy has built that house by cheating and duping other tenants who have stayed with him.Based on this, I will suggest to everybody if you happen to take house on rent in Bangalore, avoid the house which belongs to a Reddy. Reddy's have huge presence in the areas of BTM Layout, HSR Layout and Koramangala and I sincerely advise people don't take their houses if you want mental peace. Inspite of me being a Telugu person, I personally feel that it is better to stay in a rented house belonging to a Kannadiga person in Bangalore as they are certainly more cultured and well behaved set of people. I have seen them conducting with proper ethics and they certainly don't have the dirty greed for money of Reddy landlord.

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