ETF

This renter is mad at me because back when she didn’t pay her rent (because of a job loss) I gave her a 10 day notice. I didn’t force her to move, I accepted her late rent and late fees. I also applied late fees and have continued to apply late fees because she’s never paid off all her balance to me.

Also recently she is trying to buy a house and the mortgagee company wanted me to fill out a form for her rent payments, how often late etc. I decided what my records show would not help her so didn’t fill them out. She now has to “jump some hurdles” (show proof of rent payments). And bribed me that she could pay off all her rent/fees if I would “honestly” fill out the form that she was NOT late. No thank you.

She was at one time $45 away from paying her rent off and late fees would have stopped. Well last Sat she deposited an Early Termination Fee (almost 3k) (by check) last Sat. without a word to me. So today I applied it to her rent, sent her a msg asking if she wanted a refund for the difference or to apply it to future rent. HA! She tells me it’s her early termination fee and will be moving out the End of December. (biting off her nose to spite her face)

Anyway, my question is, do I apply these moneys to rent and late fees and then go for the ETF down the road? My lease doesn’t address the order of payment if ETF is involved (I need to correct that). 1. Unpaid Late Charges 2. Damages to Leased Property 3. Attorney and Court Costs, 4 4. Dishonored Check charges and Other Fees Not Paid 5. Past Rent 6. Tenant Owed Utility Bills 7. Current Rent If I apply it to current charges, late fees will stop. If I apply it to the ETF, late fees will still accruing on rent.

WMH, I have looked at IN law and cannot find that particular thing addressed. I'm no expert at looking at the laws by any means.

Vee, Thanks for your advice also. I see what you are saying and I think you are correct and will apply to rent and late fees first and any additional rents which there should be one more month of rent. Then will bill for the ETF and probably take her to court and get it garnished if hubby will (his property).

I'm not digging my ELT paperwork. Any good ELT docs to direct me to?

CA law says:

"Where a debtor, under several obligations to another, does an act, by way of performance, in whole or in part, which is equally applicable to two or more of such obligations, such performance must be applied as follows:

One—If, at the time of performance, the intention or desire of the debtor that such performance should be applied to the extinction of any particular obligation, be manifested to the creditor, it must be so applied. "

That means that, if she indicated in any way that the payment was meant for the ETF, then it must be applied to the ETF, and YOU don't get any choice.

You have a bad apple - who is trying to do you right and has given you several thousand dollars.

Sounds like you are getting the loins share of your money and getting rid of a headache too.

Lucy,

#1 It can take 22 days for a personal check to bounce. WAIT before applying it. Don’t let your LL Greed Gland be fooled by big numbers.

#2 How much does she owe before the ELT? I would tell her to bring her account up to date to avoid sheriff lockout and eviction on her permanent public court record. If you file before her loan goes thru she will lose her loan.

#3 Understand the bank will still give her a loan without your rent records.

#4 Closings are often delayed. She is not out yet.

#5 Did she gove you the required 2 calendar month notice?

Stick to the rules. You did not force her to buy a house.

BRAD

Thanks for your input Brad. Always good advice.