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I have 10 rental units in Puna since 1988. I have a tenant who's back on rent $3,400.00. I am suing for possession. They threatened to remove and sell the built in bathtub, kitchen counter, moldings, etc. because it was their upgrades. I say no can do - I don't care what they spent, it will damage the home and lower its value. Who is right? Plus, according to contract, they needed my written permission to do any modifications to the unit which they did not do. Any comments?
newmicmag
newmicmag
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Is he going to try and take the rock wall too? Hope he takes all the old trucks with him too!!!
Royall
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He can't take unless your contract with him was really screwed up. Of course that is based on Florida and not Hawaii but I can't imagine it being that much different.
Pua`a
S. FL
Big Islander to be.
Pua`a
S. FL
Big Islander to be.
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The best thing you can do is get them out.
I don't think you're going to collect much from these people. If they had any money, they'd probably pay their rent.
If you really want them out so you can move on, I suggest you agree to deduct what they claim the work is worth from what they owe, and get them out.
This is totally unfair to you, but may save you the time and trouble of legal proceedings and allow you to get it rented again.
Stoneface
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I tend to agree with Greg. Trying to wrest the last nickel from the situation will be self defeating.
I had rental properties with a property manager years ago. I ask him how to deal with nightmare tenants. His response, which I appreciated, what that on occasions when nightmare tenants occurred he went to them and offered them $500 to be out by the end of the month leaving the place mildly clean. His point was it was better to lost a little than lose a lot and a bad tenant can do massive damage in a contested eviction.
So Greg's suggestion that you consider crediting them with improvements is a good suggestion.
Get them out cleanly, get them out soon and get the property back into a productive rental as fast as possible.
Best wishes.
Assume the best and ask questions.
Punaweb moderator
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A week or two back there was a tv news piece about people removing builtins from foreclosures. Said it was illegal and subject to prosecution. I would think this would be similar.
David
Ninole Resident
Ninole Resident
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I agree with Greg and Rob, try to work it out. The $3400 is probably irrelevant, even if you sue, we've collected less than 1 in 20 of our judgements against past tenants. But in regards to their improvements, when attached to your property they become a "fixture", and part of the real estate. I think if you offer to let them leave without seeking a judgement, and that they leave the place undamaged and reasonably clean, might be a good starting point. I've heard of cases where the landlord will offer a $$ bribe for them to leave, but I've never had to do it.
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You shouldn't have let them to get behind the rent that much, but that doesn't matter anymore. Greg, Rob and Ric are right. Take your losses, get them out by writing off what they owe you and move on. So what if you get a judgment against them after they destroyed your house. Good luck collecting. Speaking of experience.
Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
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Typically Tropical Properties
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Cash for keys, aka CFK in the mortgage industry, is designed to help the mortgage company get the property back in better condition and in a quicker manner than what may otherwise occur if they forcibly removed the occupant through the foreclosure process. The mortgage company comes onto the property and documents current condition of all rooms, etc. and agrees upon a move-out date with the occupant. If the property is vacated on time and no additional damage is evident, the mortgage company gives the occupant a check, on the spot for complying with the terms of their agreement.
A similar plan could be used by a landlord as an incentive to get a non-paying tenant to move out. This assumes that the reason the tenant is behind on rent is due to not having money to pay and not because of other tenant/landlord issues.
