Home inspection visit
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Home inspection visit (by Saph [NJ]) Jul 10, 2019 9:50 AM
       Home inspection visit (by rani3182 [TX]) Jul 10, 2019 11:24 AM
       Home inspection visit (by rani3182 [TX]) Jul 10, 2019 11:24 AM
       Home inspection visit (by MC [PA]) Jul 10, 2019 12:01 PM
       Home inspection visit (by Robert J [CA]) Jul 10, 2019 12:02 PM
       Home inspection visit (by Vee [OH]) Jul 10, 2019 12:11 PM
       Home inspection visit (by AllyM [NJ]) Jul 10, 2019 12:52 PM
       Home inspection visit (by Ken [NY]) Jul 10, 2019 2:11 PM
       Home inspection visit (by Saph [NJ]) Jul 10, 2019 3:02 PM
       Home inspection visit (by S i d [MO]) Jul 10, 2019 4:41 PM
       Home inspection visit (by S i d [MO]) Jul 10, 2019 4:43 PM
       Home inspection visit (by myob [GA]) Jul 10, 2019 5:38 PM
       Home inspection visit (by Saph [NJ]) Jul 10, 2019 6:55 PM
       Home inspection visit (by Robin [WI]) Jul 10, 2019 8:21 PM
       Home inspection visit (by Saph [NJ]) Jul 10, 2019 9:11 PM
       Home inspection visit (by Robert,OntarioCanada [ON]) Jul 11, 2019 1:10 PM
       Home inspection visit (by Saph [NJ]) Jul 11, 2019 7:05 PM
       Home inspection visit (by Robert,OntarioCanada [ON]) Jul 12, 2019 4:33 PM

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Home inspection visit (by Saph [NJ]) Posted on: Jul 10, 2019 9:50 AM

I have a tenant that I will have to go to court for eviction notice on the 19th. I have a lawyer and all.

I also had the tenant complain about dryer and dishwasher problems. Plus supposedly master bath toilet isn't flushing from the first time. "needs 3 flushes". This is a tenant who sends me a list of things that don't work every week. like another toilet that supposedly didn't flush but I went to check and, of course, it works. But that was before they received the court notice.

I know that the dryer needs to be replaced and purchased one. I also arranged service to come in for dishwasher. However, this was all before court notice.

I intend to go in and have the dryer delivered and installed and check the toilet and dishwasher serviced.

I know I have to give 24 hour notice that I will go into the house. The question is, do we (myself and my husband) need someone as a witness? I intend to tape everything on my phone. And I can't tell if any of the tenants will be there.

Advice? Please. Thank you


Home inspection visit (by rani3182 [TX]) Posted on: Jul 10, 2019 11:24 AM

if you are in court period, I would not install anything new.

Dryer and dishwasher are not habitability issues.

Toilet/AC/ water etc would be --168.88.xxx.xxx

Home inspection visit (by rani3182 [TX]) Posted on: Jul 10, 2019 11:24 AM

you have a receipt that you purchased the dryer ... --168.88.xxx.xxx

Home inspection visit (by MC [PA]) Posted on: Jul 10, 2019 12:01 PM

DW repair,unless under warranty, might cost just as much as a new one. I would have a witness and tape. Only deal with issues in writing. Have the emails to present.

I am hoping that you have supplied both appliances. Does the dryer really not work or is it clogged and they want new stuff? I would have the new models numbers written down and hopefully a signed acknowledgement that it is there. --73.230.xxx.xx

Home inspection visit (by Robert J [CA]) Posted on: Jul 10, 2019 12:02 PM

Here in Los Angeles California the judges believe every word that comes out of the mouth of "tenants", while landlords are "liars" that need documented proof!

As a licensed contractor I often find myself in court helping other landlords. Doesn't mater how seasoned a landlord is. When a tenant can "document" repair requests, if the landlord can't prove these repairs have been completed, an EVICTION CASE will the dismissed because a Tenant can not be evicted for a rental that has "unresolved" issues.

Here are a few examples:

TENANT claims they have NO HOT WATER for several weeks and the landlord refuses to replace their defective water heater.

LANDLORD says they were never told of any hot water issues -- that's unit the tenant bring up the NO HOT WATER issues as an excuse in court for not paying the rent.

CONTRACTOR/Witness . Judge I am a Licensed Contractor and Licensed Plumbing Contractor. This property is a 20 unit apartment house, has a large Central Water Heater that Supplies the entire property with Hot Water. No unit in the building has it's own separate water heater. Here is the building permit showing the property has a central water heating system that has been replaced within the last 5 years. Commercial water heaters can last up to 15 years without issue. Three days ago we served the tenant with a 24 hour notice to enter the unit. Once inside I checked all of the plumbing fixtures and found them all to be in good working condition with ample hot water.

For the tenant to claim they had no hot water meant they only turned on the cold side of the faucet.

With a picture showing a 24 hour notice posted on the tenants door. With copies of City permits showing the property has a single central hot water tank. With my report the unit has hot water. The judges only reasoning could be is the tenant is lying to avoid getting evicted.

We gave the Judge the "Tools" necessary to render an eviction. Tenant is not credible.


Home inspection visit (by Vee [OH]) Posted on: Jul 10, 2019 12:11 PM

Most of what you listed would be damages and added to court expenses the tenant would be charged for, stop pouring money into a sinking ship, they heavy ones are the hardest to get back up above water... --76.188.xxx.xx

Home inspection visit (by AllyM [NJ]) Posted on: Jul 10, 2019 12:52 PM

I would Send them a certified letter that they have to sign for, listing what you have done to fix their issue and ask for a day and time to come in and fix the toilet which is an issue that has to do with being able to live there, habitability. When you go to court, take your copy of the letter to show the judge and the receipt from the post office for sending it. Then tell the judge what you said above. Put it on paper. That will let the judge know that they are difficult and you are having trouble getting their issues fixed. You can't go in there without their permission and I would take a witness who has time to go to court with you --173.61.xxx.xx

Home inspection visit (by Ken [NY]) Posted on: Jul 10, 2019 2:11 PM

You are just asking for trouble,wait till the tenant is out --72.231.xxx.xxx

Home inspection visit (by Saph [NJ]) Posted on: Jul 10, 2019 3:02 PM

@AllyM [NJ]

Isn't Nj law that I can go in with 24 hour notice? I intend to do that in writing.

But aside from that, I need to get in to fix the toilet which I know is not clogged. If I hire a plumber to go in and fix it, I still will only get a window when they can come. You are saying that I can't go in unless they are there and they are not responding to my requests to find out when they will be available.

So it is a catch 22, I can't arrange for plumber and can't go in. no win either way.

I think I will send a certified letter asking when I can come in with a plumber and indicate that I will only have a window, not a specific time. But this will still not fix the toilet.

All my communications are done in writhing, either email or text.

Do you think this is a good way to go?

And eviction is not guaranteed. The tenant is a professional RE appraiser with family RE business in the past and knows all the ins and outs.

Who knows what they will do?

there is another thread here "tenant demands" that gives more info --194.59.xxx.xxx

Home inspection visit (by S i d [MO]) Posted on: Jul 10, 2019 4:41 PM

I don't know how the laws in your state work, but in Missouri tenants cannot use problems with the property as a defense against paying rent UNLESS they have followed the detailed legal process to do so AND file to admit evidence in court.

What often happens is folks don't pay the rent, then when you try to evict they come up with a laundry list of things that make you sound like the slum lord from H3L! and try to stall for time, claiming the unit is not habitable. Then of course they won't let you in to actually FIX anything.

Our judge simply asks--in so many words-- "Did you follow the legal process for not withholding rent, or did you just decide to use this list of issues as a smoke-screen for not paying?"

Good ol' Missouri judges. They know this tenant trick and don't fall for it.

Might ask your attorney and see what he/she says. Also, keep a detailed log of date, time, and attempts to make repairs when tenant refused you access. Show the judge they were gaming you and trying to make a mockery out of the court. Judges don't like stupid games, from the LL or the tenant. Go in with solid evidence and win your case! --107.216.xxx.xxx

Home inspection visit (by S i d [MO]) Posted on: Jul 10, 2019 4:43 PM

Sorry about the typos. But the bottom line is tenants can't just show up for a court hearing on unpaid rent and start ranting about issues with the unit. It all has to be documented in advance and they have to follow the proper procedure. They cannot simply withhold rent and say you can't throw them out because of X. --107.216.xxx.xxx

Home inspection visit (by myob [GA]) Posted on: Jul 10, 2019 5:38 PM

we have the same as Sid MO here in GA. There is no legal reason not to pay rent. Bring up issues in court when the fact and suit is for nonpayment of rent-- other issues can not be heard-- well they can be heard but not judged. It comes back to the same statement-- from the judge-- did you pay the rent.

Sarh -- is this a ll tenant lawyer-- let's hope so-- don't just use anyone. Tenant sends you lists-- WHAT lists? Your honor this is all news to us and isn't it convenient they bring the list now. Your honor this has nothing to do with not paying rent. Deliver nothing until they leave.

I would not record anything-- your state may not allow that and YOU could be the one breaking the law.

You need to know your laws-- you need to go to court before issues like this to see how the pro's are handling. This is closing the barn door and the horses are already matting.... outside. --99.103.xxx.xxx

Home inspection visit (by Saph [NJ]) Posted on: Jul 10, 2019 6:55 PM

thank you all for helping. I prepared the certified letter. will send tomorrow.

Now the tenant sent me texts saying she wants to settle before the court date but she doesn't know anything about lawyer fees and will only pay back rent and she just doesn't understand, and the lawyer is not responsive. bla bla bla

I am done being nice and considerate. Will see her in court. --194.59.xxx.xxx

Home inspection visit (by Robin [WI]) Posted on: Jul 10, 2019 8:21 PM

If I had a tenant with an issue "allowing me inside" for repairs, I would simply send them my plumber/handyman/HVAC guy's number and ask them to schedule a time that is convenient for THEM. That puts the burden for scheduling on them. --204.210.xxx.xxx

Home inspection visit (by Saph [NJ]) Posted on: Jul 10, 2019 9:11 PM

true, except i did this a couple of times and paid dearly for it. She wanted this and that and I paid the bill. I need to be there. --194.59.xxx.xxx

Home inspection visit (by Robert,OntarioCanada [ON]) Posted on: Jul 11, 2019 1:10 PM

What a rental unit or house requires to pass minimum standards which are the roof does not leak, all locks are working including the bathroom door, all the plumbing fixtures work including toilet. No holes in the walls or raw plaster or drywall where colour does not have match. No loose or missing floor tiles where tiles do not have to match. Carbon monoxide and smoke alarm must work. Toilet maybe partially blocked where a plumbers auger can clear out. Ask the tenant at the hearing if they have written documents there are serious building code or fire code violations as what is written above to pass minimum standards. Often they may not show up at the hearing where they ask to meet later on dragging on the eviction process for as long as possible. If they ask for a extension that should not be granted as they did not pay the arrears into court. Explain at the hearing if there are no serious building or fire code violations then why should things drag on. Once the tenant is out then can proceed with repairs. In future it is sometimes better to avoid passing the keys through the gates of hell by avoiding problem tenants altogether. Consider joining a landlords association along with running thorough credit checks on all adult applicants. Often they take the rental applications then never come back as they already know they have problems with previous places. Unfortunately governments fund some of the radical left tenancy advocate groups who tell tenants how to play the no rent game. If there is inspection then be there at the time the building inspector arrives then clear up any minor violations. Appliances not working is not under the building or fire code. Google to find a local landlords association which can ask for advise in the future. --147.194.xxx.xx

Home inspection visit (by Saph [NJ]) Posted on: Jul 11, 2019 7:05 PM


I have done everything you listed and here, you can't get a CO (certificate of occupancy) without a proper inspection of the house and another by the fire department. There were no issues.

Thanks for the tip about landlord association. Never heard of it, but will look into it. The credit report was clean. No rental references though because they always owned.

Thank you for your input --69.141.xx.xx

Home inspection visit (by Robert,OntarioCanada [ON]) Posted on: Jul 12, 2019 4:33 PM

A common trick is they change one letter in the surname where the credit report comes up clean. Be sure to get three pieces of photo copied identification along social insurance number to be sure nothing is changed. Run credit checks on all adult applicants as one may have a problem. Had person come around where he and his girlfriend where holed up in mothers basement around 30 years old. Told him credit checks are done on all adult applicants no exceptions. He called six months later where more then likely still holed up mothers basement. Most jurisdictions the vacancy rate is really low where unpaid utilities and unpaid rent go hand in hand together. Here most rental housing providers will not touch anyone with score lower then the seven hundreds. It can take six months to a year to evict for non payment. The payment plans only delay the eviction where they always default. Keep records of all repairs as this proves that repairs are being done. --147.194.xxx.xx

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