by bluesapphire 107 Replies latest jw friends
That ADA crap is starting to piss me off. So that guy, Jeff, states he is a racist so he wants his landlord to pretty much hang himself and discriminate against Black people in order to not discriminate against his "disability"????
That is the epitome of REDICULOUS!
And he got a free $1000 bucks for playing that card. I wonder how many people on disability are sharing their info on how to basically extort money from landlords.
DANG!
My blood boils with you, Blue.
Blue, if you have less than four units, you do not come under the Fair Housing Act.
http://activerain.com/blogsview/957105/a-few-exceptions-to-the-fair-housing-act
There are a few specific exceptions to the Fair Housing Act. The Act does not apply to:
Philip
The Act does not apply to: An owner who owns four units or less and lives in one unit;
That's the presumption, dear PEC (peace to you!), but one dear Blue might have to prove... in court. Had she not allowed the dog in in the first place, there might be no problem. Now, however, she's seeking to change the terms of the agreement due to the dog. So, you will have a "contract" issue... and the other side will CLAIM "discrimination on the basis of disability,"... and dear Blue will be "advised" to settle. I get it that you believe these things go "right," but since she's made statements of what she believes (and thus perceives)... it just might not go "right."
BUT... I hear dear Blue saying... again... that the lady really may not have to go. First, hubby had that position and now Blue is willing to ride things out if the lady keeps the dog in check. I think Blue is adamant that she doesn't like pets, let along dogs, and that really should have been a "deal-breaker" from the start. Changing horses in the middle of the stream... really will require some validation. The court will most probably say, "Yeah, look, lady, you can't control/won't clean up after you dog, so Ms. Blue had every reason to evict you."
BUT... it might ALSO say, "But, Ms. Blue, you took that risk when you allowed the dog to begin with. SOOooooo... Ms. Lady, you and your dog move out and you must for any cleaning and damages. Ms. Blue... you've forced Ms. Lady to move so you should cover her costs." And perhaps it'll all wash. Perhaps it won't.
Don't guestimate the court system, dear PEC... because you can get very fooled. Judges don't often know the law (which is why they have clerks go look up stuff FOR them). Victory most often comes down to (1) which side has the most/best evidence AND (2) which side makes the best argument for their position. Judges are people, perhaps unfortunately, and often make very subjective, if not altogether biased decisions. Ms. Lady might remind the judge of his/her granddaughter... or something.
Dear Blue - if you've decided to give Ms. Lady a chance, good for you... and good luck! If not, don't try to evict her without at least consulting an attorney. Look for one who offers an "initial free consultation." The 15 minutes of your time spent speaking with him/her may be well worth it!
Again, peace to you, both!
A slave of Christ,
SA
What a mess you got yourself into~!!
First mistake: Not treating this as a strictly business transaction. You let your heart overrule your head. RARELY good in a business situation.
Second mistake: Not screening well enough. If you decide to re-rent, be sure to call all references (especially formerly landlords/roommates) and a primary question should be about cleanliness.
Third mistake: Allowing pet without HEFTY pet deposit. (Think $500 - $1000) Pets in new surroundings WILL have accidents. Also, a 'pet-free' house can actually demand a higher rental price from people who have good paycheck but also are allergic to pets, dust and dander. Depending on where you live, you might be able to get double the rent you are currently charging. I rent out a room with private bath to a 'working professional person' for over $800. It was more money before I got my cat.
Clarification: I didn't handle this through text. I asked her to meet with me face to face and we did. I only texted her when she wasn't here because I wanted her to come home and pick up the dog shit. I like the texts so in case I need proof in the future.
I HATE texting. Here's how to cover yourself. You can have the face-to-face. Take notes if you want. Send confirmation email to summarize the details of the conversation. Email is also easier to incorporate into documentation files and documents.
My suggestion about the pending payment(s), by 9am on the day after the rent was due but not paid, have her served with eviction. No more talking. It's time for doing. This leopard is not likely to change her spots anytime soon.
I was nervous as all get-out when I first decided to rent out my house. I talked to people I know who have done it well. I have my preferred profile of a great tenant and have only been disappointed once. Even that was not a total nightmare. Just not a good fit for me or the neighborhood. But that's just one negative out of FIVE exceptional tenants.
My preferred tenant profile is someone who has a job and can afford considerably more than what I am charging. Someone who can afford their own apartment but would rather save the money right now. Surprisingly, I have great luck finding people who work near here but actually live out of town. They are mostly working 10 hours a day and going home (several hours away) on the weekends. My nice patio and backyard view offer a great place to unwind.
15 years ago, I rented out a room like you did - at a 'bargain price' - with dissapointing results. Funnily enough, they were also Church People. Well... they were JWs.
I much prefer the busy people with demanding jobs who are tired of living out of a suitcase in a hotel.
Good luck with the current situation. Screen better next time. Maybe present your options here next time and let us help you with the process.
-Aude.
PS: I think I should be just a little sympathetic here. I *do* feel for you and understand your dismay. Sorry that you are having to deal with this unsettling situation.
Blue,
Being molested isn't a problem like losing your job. Things like that leave people completely broken. Were you molested? Have you ever had a situation push you to the point where suicide looked like an attractive option because it was better than spending the rest of your life exhausted mentally and physically?
If not, then don't judge her. Judge her actions, but not her. False friends have probably helped her for years to keep from facing her problems, but I guarantee you that she isn't using you. She's lonely, lost, and desperately afraid in a world that demands far more from her than she can ever give. Trust me, I know. This has happened to people in my family.
Oh! Another thought - not sure if it has been discussed here yet.
Decide now if you want to try to salvage the tenant relationship. (I don't recommend that you do, and KNOW that you can find a better tenant.) If you know that you want to find someone else, find out now what to do to protect YOUR rights. There may be complication if , for example, you accept payment or partial payment from her even though she is late. It sets precedent of accecptance that could work against you. Know ahead of time what you will do if she is a day late with her payment and then stick to your guns.
It's business. And you need to know how to protect your business (and personal) interests.
Good Luck!
-Aude.
Around here, the kind of judge you will get at a hearing is something of a coin toss, the choices being 1) a judge who sees greedy landlords screwing their tenants 2) a judge who sees lazy shiftless bums trying to screw hard working business people and 3) once in a while you get one that actually hears both sides.
In the case of the racist we made a decision to save about 9 grand in legal bills (assuming we won) and just pay him off. Yes, its a crummy system and a lot of people (on both sides) now how to game it to their advantage.
This one is from the DOJ web site.
http://www.justice.gov/crt/housing/jointstatement_ra.php
2. Who must comply with the Fair Housing Act's reasonable accommodation requirements?
Any person or entity engaging in prohibited conduct - i.e., refusing to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling - may be held liable unless they fall within an exception to the Act's coverage. Courts have applied the Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services. Courts have also applied the Act to state and local governments, most often in the context of exclusionary zoning or other land-use decisions. Seee.g., City of Edmonds v. Oxford House, Inc., 514 U.S. 725, 729 (1995); Project Life v. Glendening, 139 F. Supp. 703, 710 (D. Md. 2001), aff'd 2002 WL 2012545 (4 th Cir. 2002). Under specific exceptions to the Fair Housing Act, the reasonable accommodation requirements of the Act do not apply to a private individual owner who sells his own home so long as he (1) does not own more than three single-family homes; (2) does not use a real estate agent and does not employ any discriminatory advertising or notices; (3) has not engaged in a similar sale of a home within a 24-month period; and (4) is not in the business of selling or renting dwellings. The reasonable accommodation requirements of the Fair Housing Act also do not apply to owner-occupied buildings that have four or fewer dwelling units.
Well, there is some good news herein.
1. I don't think the Fair Housing Act applies to me since it's a bedroom in my own house.
2. As I said before, the lease she signed and initialled EACH LINE of the pet policy. I asked her if there were any questions at that time. I also told her verbally that we ARE NOT pet people so the pet could get on my nerves and be a problem if, in fact, it is not well behaved. We talked quite a bit about the pet policy. I told her the story of my kids and their various pets and what drove me crazy about it. She was well aware. She claimed he was trained. It was not. That was her BAD. I took pictures of all the urine and how it goes right on my furniture legs. I also took pictures of the dog poop on the rocks and my garden shows up quite nicely. A reasonable judge would agree it's not the place for the dog to do its business.
3. I think the dog is actually behaving. It's quite content in the little pet pen we set up. I threw its bed in there and he's happy go lucky laying around in it. It has not gone poop though.
4. She paid me what she owed and in front of the lady from church when I brought that up the fact she just barely paid me she seemed embarassed. I don't think she would want anyone from church to think she is flaky or doesn't pay. I am starting to believe it really was just a late disability check.
5. I'm sorry I came off as judging her. I was stating my opinion of her. I have never been molested so I have no idea how debilitating this could be but I can only imagine. STILL, she is an adult and able to read and she read the policy. I'm not discriminating against her. I just want her to pay up on time and take care of the dog issue, which is HER responsibility and is very reasonable.
6. A major plus is that she is never here. Hardly ever. We are lucky in this respect. If we stay away from that area of the upstairs it really almost feels like no one is renting a room.
So, for now things are okay. I appreciate EVERYONE who gave me advice. I feel like I really learned a great deal from all of you. Thank you soooo sooo much!!!
:D
