I'm A Foolish Landlord
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
I'm A Foolish Landlord (by Lawrence [OR]) Oct 24, 2017 8:36 PM
       I'm A Foolish Landlord (by Livethedream [AZ]) Oct 24, 2017 9:44 PM
       I'm A Foolish Landlord (by Salernitana [CA]) Oct 24, 2017 10:01 PM
       I'm A Foolish Landlord (by Lynda [TX]) Oct 24, 2017 10:29 PM
       I'm A Foolish Landlord (by BRAD 20,000 [IN]) Oct 24, 2017 11:10 PM
       I'm A Foolish Landlord (by BRAD 20,000 [IN]) Oct 24, 2017 11:19 PM
       I'm A Foolish Landlord (by RB [MI]) Oct 25, 2017 3:46 AM
       I'm A Foolish Landlord (by Lee [IN]) Oct 25, 2017 3:49 AM
       I'm A Foolish Landlord (by Vee [OH]) Oct 25, 2017 4:27 AM
       I'm A Foolish Landlord (by Gail K [GA]) Oct 25, 2017 4:40 AM
       I'm A Foolish Landlord (by Andrew, Canada [ON]) Oct 25, 2017 5:07 AM
       I'm A Foolish Landlord (by elliot [RI]) Oct 25, 2017 5:11 AM
       I'm A Foolish Landlord (by S i d [MO]) Oct 25, 2017 5:16 AM
       I'm A Foolish Landlord (by Doogie [KS]) Oct 25, 2017 5:23 AM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 25, 2017 5:41 AM
       I'm A Foolish Landlord (by Nicole [PA]) Oct 25, 2017 5:47 AM
       I'm A Foolish Landlord (by allin [VA]) Oct 25, 2017 5:48 AM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 25, 2017 6:03 AM
       I'm A Foolish Landlord (by Roy [AL]) Oct 25, 2017 6:10 AM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 25, 2017 6:29 AM
       I'm A Foolish Landlord (by Roy [AL]) Oct 25, 2017 7:18 AM
       I'm A Foolish Landlord (by Tom [FL]) Oct 25, 2017 7:29 AM
       I'm A Foolish Landlord (by Sandy [OR]) Oct 25, 2017 7:35 AM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 25, 2017 7:36 AM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 25, 2017 8:05 AM
       I'm A Foolish Landlord (by Tom [FL]) Oct 25, 2017 9:05 AM
       I'm A Foolish Landlord (by Salernitana [CA]) Oct 25, 2017 9:32 AM
       I'm A Foolish Landlord (by Wilma [PA]) Oct 25, 2017 11:22 AM
       I'm A Foolish Landlord (by melinda [MD]) Oct 25, 2017 11:44 AM
       I'm A Foolish Landlord (by Homer [TX]) Oct 25, 2017 12:37 PM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 25, 2017 1:13 PM
       I'm A Foolish Landlord (by WMH [NC]) Oct 25, 2017 1:46 PM
       I'm A Foolish Landlord (by Liza [TX]) Oct 25, 2017 3:58 PM
       I'm A Foolish Landlord (by Don [PA]) Oct 25, 2017 10:20 PM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 26, 2017 4:56 AM
       I'm A Foolish Landlord (by Wilma [PA]) Oct 26, 2017 11:22 AM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 26, 2017 12:28 PM
       I'm A Foolish Landlord (by WMH [NC]) Oct 26, 2017 12:50 PM
       I'm A Foolish Landlord (by Liza [TX]) Oct 26, 2017 2:35 PM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 26, 2017 3:11 PM
       I'm A Foolish Landlord (by WMH [NC]) Oct 26, 2017 3:16 PM
       I'm A Foolish Landlord (by don [PA]) Oct 26, 2017 3:25 PM
       I'm A Foolish Landlord (by don [PA]) Oct 26, 2017 3:26 PM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 26, 2017 3:27 PM
       I'm A Foolish Landlord (by don [PA]) Oct 26, 2017 3:28 PM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 26, 2017 3:32 PM
       I'm A Foolish Landlord (by Don [PA]) Oct 26, 2017 11:13 PM
       I'm A Foolish Landlord (by WMH [NC]) Oct 27, 2017 9:13 AM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 27, 2017 2:55 PM
       I'm A Foolish Landlord (by Katherine [TX]) Oct 27, 2017 8:16 PM
       I'm A Foolish Landlord (by mike [CA]) Oct 31, 2017 1:14 PM
       I'm A Foolish Landlord (by Lawrence [OR]) Oct 31, 2017 8:00 PM

Click here to reply to this discussion.
Click Here to send this discussion to a friend

I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 24, 2017 8:36 PM
Message:

I would like to tell all the foolish thing I did. I hope to pass this on so as to help anyone and everyone. No ones fault but my own I know. I feel like worse than a schmuck!

----I had a married couple and a child for tenants for 6 1/2 years who paid the rent on time every month. He was a teacher and his wife was a student. Very upstanding?

The only home inspections I performed was when the city performed their required inspections approximately every 2 years. The tenants kept up the place fairly good.

The tenants gave me a thirty-day notice to move out in August 2017. The last inspection that was performed was approximately 2 years prior to move out. When I met the tenants to do the move out and get the keys back I was totally surprised that the backyard was totally overgrown with berry vines, ivy, weeds, etc. The home looked as though no cleaning was done whatsoever in the last 2 years. Door knobs on the bedrooms had been replaced with key-locking knobs to most likely accommodate subletting of the rooms. Carpet was damaged by an unauthorized pet trying to get out of the bedroom. My refrigerator that was furnished for the tenant was sitting in the garage broken. The tenant just replaced my fridge w/o my knowledge with a leaky one from craigslist. All the throw away items that were not taken to their new home were left for me to dispose of beside the driveway.The sliding glass door with tempered glass was broken and had been covered with plywood which rendered the home w/o a back door.

The worse part of all this was when I sent the tenants their final accounting (within 31 days) I used email instead of US Mail. The tenant and I had used email to communicate throughout his tenancy and I figured I could still use that mode of communication. Afterall, I considered him (somewhat of ) a friend. The accounting that I emailed him stated that he would owe me $1350 more than his security deposit because of all the repairs and cleaning and I was not even charging him for the broken sliding glass door because he said the damage to the glass was weather related.

The tenant sent me a registered letter with the list of state statutes that let me know I was in violation of the laws for not sending the final accounting within 31 days by US Mail. He was totally right. I contacted a lawyer and had a document drawn up to take care of this matter correctly and be done with it. So, I had to clean the mess the tenants left and pay them twice the amount of their deposit plus pay a lawyer to draw up a document. They made out very good because of my foolish, ignorant actions!

Bottom line, do inspections and remember your rental business is very serious and tenants are not necessarily your friends. I hope someone can learn from this.

--73.240.xxx.xxx




I'm A Foolish Landlord (by Livethedream [AZ]) Posted on: Oct 24, 2017 9:44 PM
Message:

Yeah, always know and follow the letter of the law. Also, I require payment for damages as they go and do not deduct from deposit except exit damages. Avoids big bills nobody can pay.

If they can't cover ongoing damages we can get them out before the place is destroyed.

We haven't had this problem since we switched to senior living.

Also we are going from 55+ to 62+. The older, the easier, usually. --47.216.xx.xxx




I'm A Foolish Landlord (by Salernitana [CA]) Posted on: Oct 24, 2017 10:01 PM
Message:

Thank you very much for sharing your experience and making it into a teachable moment. I am so incredibly sorry about your awful tenants and what they knowingly did so that you didn't even hear the knife turn.

Oregon has been a rather hot market lately, so I'm sure that you'll be able to rent your place for much more money after you are able to clean things up. You're wiser now, and that's what counts. Please pore over this forum for the posts on screening, and feel free to even ask for advice on prospective tenants and about any other doubts you may have.

Best of luck. As Norman Lear once said, "Over and next."

--172.10.xxx.xxx




I'm A Foolish Landlord (by Lynda [TX]) Posted on: Oct 24, 2017 10:29 PM
Message:

Lawrence I feel very bad for you. At the beginning of my LL business I made all the mistakes one could make. I went thru a series of horrible experiences, incl one of my tenant's children hanging himself on my property tree! I was duped, cheated, and robbed of all appliances, you name it. I was told by a local LL "You have just been thru LL college. Education is very expensive. But the answers you got wrong on the exam are the ones you will remember the right answer the rest of your life. Now get over it, move on and do better." So you are not alone.

One of the best things you can do is to go up on the left top of this page to the blue lettering saying Landlord/ Tenant State Laws for your state. Print them off and put them in a 3-ring binder on your desk. Your guideline at your finger tips! Next, work on your lease. Put in all the paragraphs and caveats you want that are allowed in your state. Your lease has your back if you ever need to go to court. Others here will have other suggestions. Best of luck, Lynda --108.87.xx.xxx




I'm A Foolish Landlord (by BRAD 20,000 [IN]) Posted on: Oct 24, 2017 11:10 PM
Message:

Lawrence,

Thanks for posting. Your experience will help others. In fact, I walked another LL thru the same thing today.

Dontcha just love lawyers! They make money by attacking others. What a life!

Yes, renters will bite the hand that fed them.

BRAD

--68.50.xx.xxx




I'm A Foolish Landlord (by BRAD 20,000 [IN]) Posted on: Oct 24, 2017 11:19 PM
Message:

More tuition paid in Landlord University. Now you are a smarter, better LL!

BRAD --68.50.xx.xxx




I'm A Foolish Landlord (by RB [MI]) Posted on: Oct 25, 2017 3:46 AM
Message:

Move Forward, Lawrence.

We (All) feel your pain. --71.13.xx.xxx




I'm A Foolish Landlord (by Lee [IN]) Posted on: Oct 25, 2017 3:49 AM
Message:

Don't beat yourself up to bad... We ALL have done stupid. Happened to me three times just yesterday, But I learned and will move on.

Best of luck to you! --209.239.xxx.xxx




I'm A Foolish Landlord (by Vee [OH]) Posted on: Oct 25, 2017 4:27 AM
Message:

A story I type here often, download and print your state and local tenant laws, place into a 3ring binder and flip over for the other set - business 101, next is housing court as an observer - Free Legal Lessons, picture yourself in each of the shoes and how much fibbing you could get away with - the business owner is always held to the highest standards, the actual cost from the coffee can - legal work is our highest dollar per hour industry. Your insurance agent will like to hear about 3-4 month inspections with smoke alarms noises, attention to water damage under sinks and tubs. What to do? I would load as much left behind stuff as possible that they forgot and leave it in the driveway about 5AM so they have ample time to sort before leaving for work from the new place. The new landlord will appreciate your efforts and you both may trade screening hints at a local landlord group, where you can share ideas with others - welcome to the business. --76.188.xxx.xx




I'm A Foolish Landlord (by Gail K [GA]) Posted on: Oct 25, 2017 4:40 AM
Message:

While your former tenant was correct in regards to the statute regarding information on their security deposit, I have come to the conclusion if a tenant ever tried that with me, I'd let them sue me.

Even if I lost in court it would be a cold day in a hot spot before I'd pay them a dime of the judgment.

In other words, I'd be just like every other deadbeat tenant who loses in court and never pays anything on what they owe.

For what it's worth, I'm retired (so no wage garnishment) and the tenants do not have access to the information regarding my bank accounts (and even if they did, I'd be changing banks quickly).

Gail --71.203.xx.xx




I'm A Foolish Landlord (by Andrew, Canada [ON]) Posted on: Oct 25, 2017 5:07 AM
Message:

Most of us here have made similiar mistakes, myself included. If you identify what went wrong and take steps to prevent that from happening in the future, you will SAVE more than this lesson cost.

They say we learn more from our failures than our successes. --70.48.xxx.xxx




I'm A Foolish Landlord (by elliot [RI]) Posted on: Oct 25, 2017 5:11 AM
Message:

Unless there is a case law that email is not admissible for final accounting.. I would probably wait for them to sue at small claim court and let the judge decide.. what worse can it get? --50.75.xxx.xx




I'm A Foolish Landlord (by S i d [MO]) Posted on: Oct 25, 2017 5:16 AM
Message:

You are among friends...we've all made mistakes. Wisely, we move past them and make sure never to repeat them. --173.19.xx.xxx




I'm A Foolish Landlord (by Doogie [KS]) Posted on: Oct 25, 2017 5:23 AM
Message:

Thank you for sharing. I too have been there. The school of hard knocks is the most painful place to learn from sometimes, but it's usually the lessons that stick with you the most. Rent on! --98.175.xxx.xxx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 25, 2017 5:41 AM
Message:

Lawrence here.

Thanks to all for their posts. I feel better reading all the posts. I have definitely learned a lesson. In fact, as soon as we wrote the check to my ex-tenants, I notified my other tenants that a home inspection would be upcoming and I set a date for that. Also, I try to remind myself that I can charge more rent(I kept the increases to a minimum to help the ex-tenant) after I repair and upgrade my home that was abused by the ex-tenant and in a few months I can make up the recent losses.

Also, I hear talk of local LL clubs, or groups. Does anyone know of a local LL group in the Portland, OR area.Thanks to all again for your responses. --73.240.xxx.xxx




I'm A Foolish Landlord (by Nicole [PA]) Posted on: Oct 25, 2017 5:47 AM
Message:

another here who feels your pain ... we've all "known better" about different types of situations and yet most of us have been "foolish" also.

one thing is I drive past all my places at least once a week ... sometimes more. Sunday mornings and the evening before or morning of trash pick up are good times. My units are all close by so it's not an issue for me. Seeing the condition of the yard/porches is often a sign when situations are changing. --72.95.xx.xxx




I'm A Foolish Landlord (by allin [VA]) Posted on: Oct 25, 2017 5:48 AM
Message:

Did you end up in court? Or did you just send them their deposit back. What happened in court when you showed the email of the accounting and the pictures of the damage? I have done my own share of stuff like this and like to understand the whole story. --174.226.xx.xx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 25, 2017 6:03 AM
Message:

Allin [VA]

I contacted a lawyer and was told I was in the wrong. (I had pics of the terrible condition the ex-tenants left the home.) Even though I checked the box on the rental agreement that said I could use email for 'actual notice'. US Mail is the mode of correspondence i had to use. I just wanted to be done with it. I was trying to get the matter over and cut my losses.

Lawrence --73.240.xxx.xxx




I'm A Foolish Landlord (by Roy [AL]) Posted on: Oct 25, 2017 6:10 AM
Message:

There is a positive side to this story. 6.5 years of on time rents! If you do the math (78 months x rent amount), I think you came out way ahead in the long run. Don't sweat the small stuff here. --68.63.xxx.xxx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 25, 2017 6:29 AM
Message:

To:ROY[AL]

Your suggestion to remind ourselves of the income we had rec'd from the ex-tenant for 6 1/2 years is exactly what we did to ease our minds. As stated by an earlier post on this subject the tenant did 'bite the hand' that helped them. This was quite a shock to us. I think the ex-tenant was 'lying in wait' just for my mistake to happen. Again, my own fault.

I am now: No more Mr. Nice Guy!

--73.240.xxx.xxx




I'm A Foolish Landlord (by Roy [AL]) Posted on: Oct 25, 2017 7:18 AM
Message:

Lawrence,

Don't carry 'negative baggage' from this hand biting tenant to your next tenancy. Yes, you should continue to be Mr. Nice Guy but just keep your tenant radar on 24/7.

The tenant I just evicted left me with a ton of debris in the backyard (think 8 pick-up truck loads of junk). I cleaned it up in one day and now the house is for rent again. The upside,..that deadbeat tenant paid me $20K in rent over the last 2 years. I lost 3 months rent (his deposit paid for the eviction costs), however, life goes on. The upside here far out weighs the downside. That is the reason I stay in this business and not selling out at the first sign of trouble. --68.63.xxx.xxx




I'm A Foolish Landlord (by Tom [FL]) Posted on: Oct 25, 2017 7:29 AM
Message:

Lawrence of OR,

Welcome to the Landlording School of Hard Knocks U just earned your PHD!!!

It's a rude awakening!!! Trust me been there know it like it was yesterday. Early on in my rental biz was working thru the court process when one of the court entities said to me, "You know its your own fault this happened." WOW it was like a ton of bricks hit me and then a light bulb went off. At that point I became a few of my tenants worst nightmare.

Best of Success Lawrence your best days are ahead of you. Power up your electric wheel barrow to carry all your rent money to the bank. And by the way laugh all the way to the bank.

Gail K of GA, you mentioned if a tenant ever tried that with me, I'd let them sue me.

Even if I lost in court it would be a cold day in a hot spot before I'd pay them a dime of the judgment.For what it's worth, I'm retired (so no wage garnishment and the tenants do not have access to the information regarding my bank accounts and even if they did, I'd be changing banks quickly.

Gail I totally understand your thought process HOWEVER the only problem I see in your process is that once the deadbeat tenant has a claim against your now it could become a lien against your unit and a ding against your credit. At that point a deadbeat tenant just won BIG time and I would not give them that satisfaction. I recall a tenant that sued me due to itemized deductions over and above security deposit. To me it was full proof I had all my ducks in order THEN the PRO Tenant judge ruled against me. I decided it was not worth my time and energy to take it to the next level so I made payments on the account to the tenant. I think I spent more on the check, the envelope and the stamp then the amount of the judgement. HOWEVER I paid it off in 2 1/2 to 3 years. I am sure the tenant thought they won and beat me out of money but they did not get all their money at once. I can bet they thought I would send them it all at once. I learned a lesson from that issue and my lease got a liittle longer and I got more proactive.

As a Landlord/owner we hold a major asset in Real Estate and the tenant pays our mortgage increasing our ownership in that pc of real estate. In the end a tenant owns nothing but a piece of paper called a lease. Both sides have a legally binding obligation but when that obligation ends what does the tenant have ZIP nothing. What does the landlord have, they own that pc of real estate! Money for another investment to use as leverage! Money to buy a nice car! Money to live comfortable! Money to go on a very nice vacation. That vacation may be "Porch View" but its your time and your choice. Money for your retirement. More Money when LL increases the rent for the next tenant...

Best of Success to each Landlord may your dreams and goals become a reality!!! --99.56.xx.xx




I'm A Foolish Landlord (by Sandy [OR]) Posted on: Oct 25, 2017 7:35 AM
Message:

There are several LL associations in the Portland area: Multifamily NW, Rental Housing Alliance Oregon, and Oregon Rental Housing Association. I'm in the Salem area and on the advice of LL's on this forum I joined the Salem Rental Housing Association and attend the monthly meetings. A member benefit is that I can purchase OR-specific forms at a discount ($2 each vs $5). They also offer monthly training sessions (for a nominal fee) as well as a Hotline for specific questions. The officers are very knowledgable and eager to help answer questions.

A great, great resource I found a few months ago is an online document, Portland Landlord Training Program published by the City of Portland Business Development Services. It goes into great detail of the business of LL-Tenant relationships. You can find it by doing an Internet search of the above title.

BTW, these Oregon LL associations were instrumental in lobbying to prevent rent control laws being passed in Portland (and eventually state-wide) during the last legislative session. The same onerous bills will be proposed again in the next sessions. It's unfortunate these legislators don't understand how the restrictions they pass on LL affect the tenants. --209.237.xx.xxx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 25, 2017 7:36 AM
Message:

Good point Roy. I will try to keep a positive

Attitude and be 'tenant aware' from now on.

Thanks to all again for responses

Lawrence --73.240.xxx.xxx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 25, 2017 8:05 AM
Message:

Lawrence Here,

Such great advice from everyone. What support! Feels good and that I'm not alone. I will be proactive from now on.

When I first got the certified letter from the ex-tenant, I was ready to throw the towel in. My wife reminded me it was only one incident and that wasn't bad considering how long we have been dealing with tenants (although I did the ostrich plan on land lording,ie. keeping my head in the sand.) I have since settled down and will be smarter. --73.240.xxx.xxx




I'm A Foolish Landlord (by Tom [FL]) Posted on: Oct 25, 2017 9:05 AM
Message:

Lawrence is NOT foolish!!!

You and your wife need to go out to a nice restaurant on the beach. (That's if you are near one of Oregons beaches) and celebrate!!!

Celebrate your wonderful and very smart wife!

Celebrate your excellent investment!!!

Celebrate you as the renewed Lawrence the Landlord of OR!!!

CHEERS!!! It's a celebration.... --99.56.xx.xx




I'm A Foolish Landlord (by Salernitana [CA]) Posted on: Oct 25, 2017 9:32 AM
Message:

Lawrence, do you usually wake up around 5 a.m. when your response post was done? I'm glad that you're feeling better and hopefully will not lose any sleep in case it might have been an issue. I'm so glad that your wife made a great pitch and please know again that Portland is such a great market. You indeed are now wiser and more shrewd with your newly acquired PhD to deal with the rest of the people in your property.

Thank you again for sharing what happened to give a post-doc seminar or an ongoing course in LL. --172.10.xxx.xxx




I'm A Foolish Landlord (by Wilma [PA]) Posted on: Oct 25, 2017 11:22 AM
Message:

I'm late to the party, as usual - but I join with those who say that nearly all of us have been there! We learned painful lessons that made us better landlords - and we share them with others to help them to avoid the same mistakes!

This forum has saved my neck any number of times! --71.175.xxx.xxx




I'm A Foolish Landlord (by melinda [MD]) Posted on: Oct 25, 2017 11:44 AM
Message:

I have had this happen twice when I did not send the accounting for security deposit to the former tenant. Very costly mistake, I know. Never had to pay the possible 3 times the deposit, but even returning the deposit and then having to repair/replace damange etc. really hurts. You are not alone. Many have gone through this. Just part of life I guess. Keep on LLing. --24.233.xxx.xx




I'm A Foolish Landlord (by Homer [TX]) Posted on: Oct 25, 2017 12:37 PM
Message:

We have all made mistakes. Don't beat yourself up over it. Look at it as taking a class at the university. You have learned something that you will never let happen again. Best of luck --75.141.xxx.xxx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 25, 2017 1:13 PM
Message:

To: Salernitana [CA])

In answer to your question,I usually do wake up at around 5:00

am. I love the quietness of that time and the morning coffee and the time to think about things with no distractions.I must say the ex-tenant event did and does bother me still. I am trying to forget it and use some of the suggestions from everyone who answered and commented on my posting.

Also, my wife always keeps a level head and keeps me grounded. I am lucky to have someone like her, I know, and have known for 42 years.

And I will take the advice to go for a mini vacation on the Oregon coast as soon as time permits.

Thanks to all and to Mr.Landlord for providing this forum!

Lawrence --73.240.xxx.xxx




I'm A Foolish Landlord (by WMH [NC]) Posted on: Oct 25, 2017 1:46 PM
Message:

Lawyers don't always understand the rules. In our area, lawyers don't do evictions unless it's a big deal case in district court rather than small claims.

NO WAY would I have written that check to the tenant. Let him sue me. It couldn't be for more than I *unlawfully" withheld and you did not unlawfully withhold it. "Notice" in NC does not specify method. My leases include a provision for dealing with electronic methods (I stole it from a bank's website) and I would argue that in court any day.

But live and learn. --173.22.xx.xx




I'm A Foolish Landlord (by Liza [TX]) Posted on: Oct 25, 2017 3:58 PM
Message:

I have learned over the past, in this business you have to watch your back. Sometime I have to go back and refresh on the laws and regulations. Had to go to court one time and the judge basically read the State laws word by word. Fortunately the tenant did not know the laws too well and got happy suing. So basically for every tenants we take in, I want to think that they can possibly sue for anything. Remember there are a lot of people that are out happy suing. For all return security deposit I would do certified mail just to be on the safe side and if I email anything, a copy will be in the mail just in case they said they did not get it. Documents and taking pictures of the drop off mail will be valuable if you had to do eviction, because sometimes tenants will not accept the mail and it will be return.

Reading these forum I have learned more than reading a book.

So keep on sharing.

Happy Landlording!! --66.169.xxx.xxx




I'm A Foolish Landlord (by Don [PA]) Posted on: Oct 25, 2017 10:20 PM
Message:

You rolled over and cut a check too soon. I would have let him sue me, especially if he had moved far away. You cut a check for the FULL amount he could have gotten in court? If you wanted closure of the possible issue, you should have offered less in settlement. Didn't your lawyer suggest that? --73.141.xxx.xxx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 26, 2017 4:56 AM
Message:

To: Don[PA]

Referring to your post, I may have sent the check too soon or maybe not. I read the statutes and it was clear I owed the ex-tenant twice the security deposit. When I consulted the lawyer they agreed I was in the wrong. If a lawyer tells me i am in the wrong and I see it in writing, I figured I am pretty sure to owe the ex-tenant money. Also, if I did go to court i figured I would have to pay lawyer fees on top of the penalty and court fees. I am not experienced enough with these type matters to really know what to do so I did cut the check right or wrong and hopefully I am done with it.

Lawrence --73.240.xxx.xxx




I'm A Foolish Landlord (by Wilma [PA]) Posted on: Oct 26, 2017 11:22 AM
Message:

Lawrence, your last comment above show that you are an honorable person who respects the law, however non-common sense it is. You can always lobby to get that law changed, which is part of what makes living in the USA better than most places in this world. --71.175.xxx.xxx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 26, 2017 12:28 PM
Message:

Wilma[Pa]

That's a good point. Thanks.

Lawrence --73.240.xxx.xxx




I'm A Foolish Landlord (by WMH [NC]) Posted on: Oct 26, 2017 12:50 PM
Message:

Lawrence, I am not saying you were foolish - I'm just challenging the "written notice" part of your statements. OR law says "written notice" it does not say "pen to paper and mailed via the post office."

Is typewritten notice considered written notice? Is printed from your computer considered written notice? Of course it is. Your lawyer was looking at the delivery method rather than whether written accounting was given. I object.

IF you properly accounted for your deductions, whether by email, snail mail, fax or carrier pidgeon, it should have counted as following the law because the law does not specify HOW written notice is delivered. --173.22.xx.xx




I'm A Foolish Landlord (by Liza [TX]) Posted on: Oct 26, 2017 2:35 PM
Message:

In TX, the judge would ask what was the method of the delivery. If we email the tenant an eviction or any notices, judge would not approve of it. --66.169.xxx.xxx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 26, 2017 3:11 PM
Message:

To WMH[NC]

This is what convinced me to cut the check:

Getting the security deposit back

Your landlord must return your deposit within 31 days after the termination of the tenancy and the delivery of the rental unit to the landlord. (Note that both conditions must be satisfied before the 31-day clock starts ticking). If your landlord keeps any part of your deposit, he or she must notify you in writing and tell you why. This notice, which is also called an accounting, along with any portion of your deposit that is being refunded, must be personally delivered or mailed within 31 days. If your landlord wrongfully keeps part or all of the money, you have up to one year to settle the matter or file a lawsuit for up to twice the amount of the money your landlord kept.

If I paid the ex-tenant wrongfully, I really got bad advice..

Lawrence

--73.240.xxx.xxx




I'm A Foolish Landlord (by WMH [NC]) Posted on: Oct 26, 2017 3:16 PM
Message:

You were not reading the law, you read an interpretation of the law. :( --173.22.xx.xx




I'm A Foolish Landlord (by don [PA]) Posted on: Oct 26, 2017 3:25 PM
Message:

Even if you believe that you are dead wrong under the law, there is always room for negotiating a settlement because going to court takes time, money and effort on the part of the plaintiff. Also, even when (if) the tenant (plaintiff) wins, he then has to try to collect the judgement from you. You should have offered the tenant half of the amount you thought you might face in court. You would not have to pay lawyer's fees to go to court, you could have gone yourself or not even gone and suffered a default judgement. Either way, the judgement would have been what you ended up paying the tenant anyway. --70.90.xx.xxx




I'm A Foolish Landlord (by don [PA]) Posted on: Oct 26, 2017 3:26 PM
Message:

Did you at least get a full release from the tenant of all claims in exchange for the check? --70.90.xx.xxx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 26, 2017 3:27 PM
Message:

To:WMH[NC]

I am a little confused now. How could I do better in the future. Thanks

Lawrence --73.240.xxx.xxx




I'm A Foolish Landlord (by don [PA]) Posted on: Oct 26, 2017 3:28 PM
Message:

"file a lawsuit for UP TO twice the amount" "UP TO" --70.90.xx.xxx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 26, 2017 3:32 PM
Message:

to don[PA]

Yes I had the ex-tenants sign a doc that stated this was the end of it before I sent the check.

Lawrence --73.240.xxx.xxx




I'm A Foolish Landlord (by Don [PA]) Posted on: Oct 26, 2017 11:13 PM
Message:

Wmh is saying that what you quoted as "the law" was actually someone's interpretation of the actual law. Interpretations are helpful, but you should also read the actual statute, and also any important court cases interpreting it. Your local law library can help with the case law, while the actual statute is probably available online. --73.141.xxx.xxx




I'm A Foolish Landlord (by WMH [NC]) Posted on: Oct 27, 2017 9:13 AM
Message:

Exactly, Don/PA. Read the actual statute, Lawrence. That will help a lot. I couldn't find it but I don't know OR laws.

Our lease says we both agree to accept electronic communications as valid, and that we will provide a paper copy to the tenant upon request to a valid address. Never had one request that but we would.

I can't serve an EVICTION notice via email or even via snail mail - the Sheriff has to do that. But other communications are not proscribed by law.

And they can only sue you for the amount UNLAWFULLY WITHHELD, not the entire Security Deposit. Now maybe Oregon Law says any amount not documented was unlawful, but you DID document it.

Anyway, what's done is done. I would have waited for a lawsuit. --173.22.xx.xx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 27, 2017 2:55 PM
Message:

WMH; Don I am grateful you took the time to enlighten me. I consider that more education of the type I need. I am trying to wake up! Thanks! Lawrence --73.240.xxx.xxx




I'm A Foolish Landlord (by Katherine [TX]) Posted on: Oct 27, 2017 8:16 PM
Message:

Things happen. You'll not make this mistake again. We have all messed up along the way. This forum has saved me tens of thousands of dollars over the 15 years I've been in the biz.

You're still ahead and you're still in the game.

All is good in the hood. --97.85.xxx.xxx




I'm A Foolish Landlord (by mike [CA]) Posted on: Oct 31, 2017 1:14 PM
Message:

ALL accounting's and other important stuff go by post office first class mail. no need for certified mail

use PO form 3817, Certificate of Mailing, for an extra $1.35 and you are golden. i have had several folks try the old "it wasn't mailed on time" and the small claims judge stomped on their BS because i had the post offices certificate.

BEST $1.35 YOU'LL EVER SPEND

i agree with those who say you rolled over too soon. --76.176.xxx.xxx




I'm A Foolish Landlord (by Lawrence [OR]) Posted on: Oct 31, 2017 8:00 PM
Message:

Katherine[TX]; mike[CA]

Thanks for the comments and info.

Lawrence --73.240.xxx.xxx



Click Here to send this discussion to a friend
Report discussion to Webmaster


Reply:
Subject: RE: I'm A Foolish Landlord
Your Name:
Your State:

Message:
I'm A Foolish Landlord
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: