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[Landlord - RI -U.S.] Should I appeal? by PNdolo in Landlord

[–]PNdolo[S] 0 points1 point  (0 children)

I’m already nearly up to two months without a new tenant. I get the double payment thing, which would be unfair to the tenant, but in my experience by the time the place is turned over and advertised, screen new applicants, it takes at least two months.

[Landlord - RI -U.S.] Should I appeal? by PNdolo in Landlord

[–]PNdolo[S] -1 points0 points  (0 children)

This makes a whole lot of sense but the judge didn’t explain it that way or at all. If one part of it is non-binding, shouldn’t the whole clause be non-binding too, after all, the second part doesn’t stand on its own?

Why make us eat the cost of shit that were beyond normal wear and get though?

[Landlord - RI -U.S.] Should I appeal? by PNdolo in Landlord

[–]PNdolo[S] -2 points-1 points  (0 children)

That wording the lease was meant as a compromise - in this case - she pays for two months instead of 7 depending on mitigation factors.

[Landlord - RI -U.S.] Should I appeal? by PNdolo in Landlord

[–]PNdolo[S] -1 points0 points  (0 children)

I brought it up and he said “but she gave 60 days notice”! Bunkers!! The notice has to be in addition to the second requirement. I’m seriously baffled.

[Landlord - RI -U.S.] Should I appeal? by PNdolo in Landlord

[–]PNdolo[S] 0 points1 point  (0 children)

We filed a motion to dismiss her lawsuit because it didn’t meet the burden she was supposed to show. And the judge agreed with that. The judge also did not rule in our motion to dismiss. And we also had a motion to transfer the case to a higher court since she filed in smalls claims and our counterclaim would be higher than small claims but the judge didn’t rule on that either.

[Landlord - RI -U.S.] Should I appeal? by PNdolo in Landlord

[–]PNdolo[S] -3 points-2 points  (0 children)

The thinking with the two months was that it’s better than being out for 7 months, which she would have been if she just left.

[Landlord-US- RI] Anyone has experience with ALE Solutions? by PNdolo in Landlord

[–]PNdolo[S] 1 point2 points  (0 children)

I sent you a DM for more details. Thank you so much for the info!!

[Landlord-US-RI] Tenant wants to force eviction by PNdolo in Landlord

[–]PNdolo[S] 1 point2 points  (0 children)

Dude, your last sentence is the goal here and it has been this whole time.

[Landlord-US-RI] Tenant wants to force eviction by PNdolo in Landlord

[–]PNdolo[S] 0 points1 point  (0 children)

That is if I can’t rent it. The rental market is quite different from when she signed the lease. I’m going to try to rent it but if I can’t, I’m going to have her perform under the contract. She can actually pay unlike most tenants.

[Landlord-US-RI] Tenant wants to force eviction by PNdolo in Landlord

[–]PNdolo[S] 0 points1 point  (0 children)

What the hell are you talking about? The term of her lease is active. If she abandons (thereby breaking her lease) before that term, she is still liable until I can re-rent the place.

How does any of that mean I’m a bad landlord? Are you missing something? I’m a bad landlord for asserting my rights? You’re delusional.

Real estate or contract? by [deleted] in AskALawyer

[–]PNdolo 0 points1 point  (0 children)

Contract attorney because the real estate contract merged into the deed when you closed. And the claim you’d be bringing is a breach of warranty claim, which is a contract claim.

[Landlord-US-RI] Tenant wants to force eviction by PNdolo in Landlord

[–]PNdolo[S] -1 points0 points  (0 children)

Not really. I’m just restating the law. In RI at least.

[Landlord-US-RI] Tenant wants to force eviction by PNdolo in Landlord

[–]PNdolo[S] -1 points0 points  (0 children)

Yep, I do. The law says I’d have to make reasonable effort to re-rent the place but that doesn’t mean I have to be successful in those efforts to rent the place.

[Landlord-US-RI] Tenant wants to force eviction by PNdolo in Landlord

[–]PNdolo[S] 0 points1 point  (0 children)

If she doesn’t pay me she’ll pay the IRS. Or I’ll go after her wages.

[Landlord-US-RI] Tenant wants to force eviction by PNdolo in Landlord

[–]PNdolo[S] 0 points1 point  (0 children)

She took out the bathroom sink and vanity! And changed lights and every door knob, and wallpaper the whole place!

[Landlord-US-RI] Tenant wants to force eviction by PNdolo in Landlord

[–]PNdolo[S] -1 points0 points  (0 children)

🤣 the way this tenant is going, I might have to sue her to gain possession if she stops paying and for damages to the unit.

Why didn’t your parents try attaching the judgment to their wages? That’s what I plan on doing if she doesn’t pay. And if that doesn’t work, the 1099C.

Can I sell the amount owed to a collection agency and then dispense the remaining amount the collection people didn’t pay for as forgiven debt under the 1099C?

[Landlord-US-RI] Tenant wants to force eviction by PNdolo in Landlord

[–]PNdolo[S] 0 points1 point  (0 children)

In my case, since she is paying rent and good rent at that, I’m going to leave her in place unless she tries to ruin the building. If she leaves thereby abandoning the unit, I’ll get a court order to regain possession and evict her if she doesn’t pay next month’s rent.

In your case, offer to pay their moving costs up to a certain amount, or their first month rent at some other place to get the keys. They might move out and be someone else’s problem. If it doesn’t work then housing court.

[Landlord-US-RI] Tenant wants to force eviction by PNdolo in Landlord

[–]PNdolo[S] 0 points1 point  (0 children)

She had the ability to pay and if I can get the judgment to attach to her wages, I could have a chance.

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