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PDF Editor FAQ

My tenants are always late on their rent. Can I send them a strong letter advising them to pay on time legally?

I don't know where you are, and probably don't know the laws specific to your location. But there shouldn't be any legal issue with sending a letter. The legal issue usually centers around whether the content of the letter is enforceable. In my state (CT) there is a nine day grace period, and after that, the landlord can charge the late fee provided for in the lease. If the tenant is consistently late, the landlord can initiate eviction proceedings. But that's expensive, and you also end up getting stuck with your tenant for up to three months even if the lease expires. During this period any money you get is not referred to as rent, but as usage and occupancy. The laws regarding its collection are different, and collection is harder. Many tenants end up getting three months free during the eviction. In CT, once a lease expires, it converts to a month-to-month agreement. Good tenants are usually kept, bad ones get a 30 day notice that they must move. You still have to go through the eviction process if they refuse, but they usually leave when you serve the notice to quit, because court is expensive for them too. Lawyers cost money, and there are usually no opportunities for the lawyer to work on contingency. Some tenants, though, knowing they will lose, won't hire a lawyer but will hang on for dear life for the three months because their prospects aren't good and they can get that three months free. Background checks in the beginning help avoid this.By the way, I've never been a landlord. I own my own home now, but I'm writing from the perspective of a tenant.

Why would someone say that halting evictions during the coronavirus is not as good as it sounds? Are landlords’ rights being taken away?

Why would someone say that halting evictions during the coronavirus is not as good as it sounds?Let’s just conjure up some numbers to help illustrate the big idea.Suppose you have a 4-unit apartment building. Each month, you (landlord) must pay your bank about $3,000/mo. If you don’t pay, the bank can retake the property.To help pay this mortgage, you rent your property. That’s what many many landlords do. Effectively, many tenants are living on their property, based upon on their landlord’s credit.Now, each of your 4 tenants have agreed to pay $1000/mo. If they do not pay, they have breached their lease and they have no right to on your property. Make sense?Sometimes, tenants refuse to leave. And if they refuse to leave, then a landlord has to remove them from the land. In the US long ago, landlords just moved the tenant out themselves. Self-help evictions. They can get a little… heated.Police: CT man decapitated landlord with swordTo prevent conflict, landlords must now go through the courts and get permission. Then, (usually) a sheriff will actually do the eviction.Now, COVID-19 nonsense happens.Now, if 2 of your tenants stop paying, you’re collecting $2,000 per month. Not enough to keep the bank happy.And maybe you want to work with the tenants. Maybe partial rent. However, right now, a lot of tenants have refused to pay anything. Which doesn’t make sense—especially with the bailout and unemployment benefits for the past few months. And yet, there it is.Some banks have been very understanding. Some haven’t been. If you’ve got an “uncooperative bank”, then you’re going to have to pay. It’s not a great environment for banks to foreclose. But, if you got for 6 months with non-paying tenants, you’re going to be several thousand dollars late on your mortgage.So, each month, you need to find an extra $1,000 out of your own pocket to give to the bank. While your tenants live on your property, at your personal expense and on your credit. And you might not be able to keep this up indefinitely. Especially smaller landlords.So, you need to get them out and find paying tenants. Hopefully.You go to the courthouse and say, “Hey, I have to follow this process,” and the court says, “I’m sorry. There is nothing we can do for you.”“But it’s my property, and if I don’t remove these tenants, I will eventually lose my property to the bank.”“Sorry, nothing we can do,” says the court. “You’ll have to wait 4 months before we hear any more landlord cases.”Now, you know that your tenant who is 4 months behind? He’s never going to pay up and become current. He’ll either leave in the middle of the night or he’ll just wait until you evict him. It usually takes a few months to actually evict someone, so it’s best to get the balling rolling ASAP.But you can’t: the courts refuse to enforce your property rights.Now, during emergencies, courts have sometimes “delayed” landlord-tenant proceedings as a matter of procedure. But, eventually the argument of “procedural delay” becomes a substantive deprivation of rights. Literally, we can count—in dollars—how much it costs. Courts exist to enforce legal rights, so you end up in this strange world of people asking, “What good are you?”The effects ripple outwards, unfortunately.And further, if you do end up in serious arrears to the bank, all 4 tenants may eventually lose their place to live.Are landlords rights being taken away? The longer eviction delays occur, the more likely that is accurate.Some people seem to think, “Pandemic!” is an excuse for taking people’s rights of all kinds away. That’s kind of a trash argument. Our legal system evolved in an environment which was much more chaotic than this. And it evolved to give people a sense of social, legal and financial certainty.While arbitrary delays may be well-intentioned by politicians, they don’t have the big picture in mind. Well-defined property rights—and the implied ability to enforce them—are the foundations of a prosperous society.

Can a tenant install ADT in his rental without landlord permission?

Can a tenant install ADT in his rental without landlord permission?A friend has a garage unit he is renting to a tenant he wants to evict. He let him move in over 15 days ago without paying rent, and with a verbal agreement that he would vacate by March 1st. Recently the tenant installed ADT security without permission. Is this grounds for eviction? State is CT.First I have to say that I am not familiar with CT requirements, or the requirements of the specific location you are referring to in CT. There are a few issues I see, with the scenario you described.It sounds like you ‘rented’ a storage unit, as a residential unit, although you did not actually ‘rent’ it.Allowing anyone to move in (even in a residential rental unit) without paying anything is advance, is never wise.ADT should not have installed anything on property that you own, without your permission. I would contact them immediately.Since it sounds like you did not “rent” the unit to him, but you let him move in, that different processes may be required to ‘evict’ him. Contact your local Clerk of Court and explain the situation specifically to them in order that they may be able to point you in the right direction to get things resolved.Contact the police immediately because the ADT system should not have been put in without your permission, and it also hints at the possibility of some illegal activities taking place on your property.Thanks for the A2A.

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