Need legal advice regarding bad tenant

Poor2nR · Postby **Poor2nR** » July 11th, 2018, 11:40 pm

I know it have plenty lawyers and landlords in here so I hoping some of you can share your knowledge and/or experience.

I have a tenant that has two months rent outstanding and everyday is a new excuse as to why it hasn't been paid as yet. The latest round of excuses has to do with the individual being too busy for the last 4-5 days to make the payment.
That being said, the lease agreement says rent should be paid within the first week of the month else landlord has to right to serve notice of eviction.
This tenant is one waste of time and his wife is a very prominent public figure (gov't). To be honest I would just like to be rid of them but would also like my two months outstanding rent.

Is eviction a good course of action to take?
What is involved in proceeding with eviction?
Any legal considerations I should be aware of?

Thanks for any and all help

jumpkickjoe · Postby **jumpkickjoe** » July 12th, 2018, 12:51 am

Fcuk the wife breathless...... Debt paid

bluefete · Postby **bluefete** » July 12th, 2018, 4:09 am

Give notice for breach of tenancy agreement.

You normally have to give them 1 month to go.

rspann · Postby **rspann** » July 12th, 2018, 5:46 am

You can get a bailiff and levy for rent arrears. In this case it's two months plus the bailiff's fees ,transport, police etc. When you seize their things, they move out immediately due to embarrassment plus they have no furniture. It's a win win situation for you. If you choose to go with eviction, you have to go to the courts. Costs you money. You can levy the day after the rent becomes due, although the normal practice is to give a grace period of a week.

cosmo · Postby **cosmo** » July 12th, 2018, 5:52 am

rspann wrote:You can get a bailiff and levy for rent arrears. In this case it's two months plus the bailiff's fees ,transport, police etc. When you seize their things, they move out immediately due to embarrassment plus they have no furniture. It's a win win situation for you. If you choose to go with eviction, you have to go to the courts. Costs you money. You can levy the day after the rent becomes due, although the normal practice is to give a grace period of a week.

Well said

rspann · Postby **rspann** » July 12th, 2018, 6:03 am

Most times when they do this ,they are planning to move out. You have to be serious and don't let them cross two weeks. A lot of them think they have one month inside, but security deposit is not used for rent. If they live out the deposit and then you have repairs or bills,whatever, where is that going to come out from? There are good tenants who pay on time but sometimes have a problem and will tell you they are going to be late,no problem. On the other hand, there are some real delinquents.

skylinechild · Postby **skylinechild** » July 12th, 2018, 7:20 am

rspann wrote:Most times when they do this ,they are planning to move out. You have to be serious and don't let them cross two weeks. A lot of them think they have one month inside, but security deposit is not used for rent. If they live out the deposit and then you have repairs or bills,whatever, where is that going to come out from? There are good tenants who pay on time but sometimes have a problem and will tell you they are going to be late,no problem. On the other hand, there are some real delinquents.

spann then it would be wise to have a proper landlord tenant agreement in place not so

say for example.

1. a security deposit of $4500
(security deposit is one and half months rent and is refundable AFTER you leave provided there is nothing to be fixed or outstanding rent to be paid.)

2. monthly fixed rent of $3000

3. rent is due within the first 3 days of the new month.
you will be given a grace period of the first week of the new month - no exceptions.

4 tenancy restrictions - ie no loud music no pets etc etc etc etc

5.eviction of tenants
due to non payment of bills bad house keeping violation of section of the agreement etc etc etc.

spann there are also really good tenants who pay up front for months in advance...and they give zero issues. these are the ppl who i would be willing to take a risk on.

in these times pay up or move out if you the tenant want trust....trust in the lord

rspann · Postby **rspann** » July 12th, 2018, 7:26 am

How you will know which are the good ones? I have tenants for fifteen years and some who leave in a month. What make you feel the delinquents going to abide by any agreement? Some of them just dont care.

skylinechild · Postby **skylinechild** » July 12th, 2018, 7:30 am

rspann wrote:How you will know which are the good ones? I have tenants for fifteen years and some who leave in a month. What make you feel the delinquents going to abide by any agreement? Some of them just dont care.

therein lies the issue... how to tell good tenants from bad ones...

i guess its always good to have a proper agreement and an even better bailiff.

rspann · Postby **rspann** » July 12th, 2018, 7:35 am

The best one is on tuner. Has a very efficient service. Registers the claim ,has transport ,police ,and storage. Moves in and out in no time ,pays when the items are sold . No stories.

pugboy · Postby **pugboy** » July 12th, 2018, 8:27 am

what is "two months" ?
does the bailiff handle hiring police ?

rspann wrote:You can get a bailiff and levy for rent arrears. In this case it's two months plus the bailiff's fees ,transport, police etc. When you seize their things, they move out immediately due to embarrassment plus they have no furniture. It's a win win situation for you. If you choose to go with eviction, you have to go to the courts. Costs you money. You can levy the day after the rent becomes due, although the normal practice is to give a grace period of a week.

rspann · Postby **rspann** » July 12th, 2018, 8:41 am

Two months rent in op's case. Yes, he gets the police ,does the paperwork and registers it, has his own truck and loaders.

rspann · Postby **rspann** » July 12th, 2018, 8:44 am

When they levy, they put the goods in storage. The tenant has to go to redeem it within a certain time. If he doesnt, the goods are advertised for auction and on the day of the auction are sold.

VexXx Dogg · Postby **VexXx Dogg** » July 12th, 2018, 9:53 am

This is solid info, thanks rspann.
Had some fam with a similar issue; didn't even know where to start.

The_Honourable · Postby **The_Honourable** » July 12th, 2018, 12:12 pm

Spann on point, well said. I learnt some things myself.

OP, make sure you have your agreement and your last receipts plus any other documentation ready to get away from any "he say she say" business.

rspann · Postby **rspann** » July 12th, 2018, 4:21 pm

He wouldnt need the agreement, and there would be no receipt since rent wasnt paid. The onus is on the tenant to prove he paid the rent so if he cannot provide a reciept then his dogs dead. What he can do, is to pay the bailiff the rent if he has it and thereby srop the levy.
The only thing a bailiff cannot seize is lightbulbs and tools of trade. If your stuff is by a pardna including your car, he can take it by law. You have recourse if you file an interpleader in the court within five days to stop the sale of your items. Not the tenant.

Poor2nR · Postby **Poor2nR** » July 12th, 2018, 4:59 pm

This has been beyond enlightening. Thanks so much ppl, I knew I came to the right place.
I dunno if they would skip out on rent though, it’s a Mayor of a major borough we talking about here. I think they are just bad tenants

rspann · Postby **rspann** » July 12th, 2018, 5:23 pm

In that case, call all the t.v. stations before you levy then. Ian Alleyne too.

adnj · Postby **adnj** » July 12th, 2018, 7:38 pm

rspann wrote:You can get a bailiff and levy for rent arrears. In this case it's two months plus the bailiff's fees ,transport, police etc. When you seize their things, they move out immediately due to embarrassment plus they have no furniture. It's a win win situation for you. If you choose to go with eviction, you have to go to the courts. Costs you money. You can levy the day after the rent becomes due, although the normal practice is to give a grace period of a week.

This is a commercial property? Levy by distress for rent in arrears is limited now in the UK to commercial property only. It may be limited here now also because of the way that the law was written in Trinidad.

ruffneck_12 · Postby **ruffneck_12** » July 12th, 2018, 7:55 pm

Evict them, don't make them pay.

Consider the money lost as an investment to get these people out of your hair. They always going to avoid you

shogun · Postby **shogun** » July 12th, 2018, 8:49 pm

Again. Spann is the man. Good info in here.

Poor2nR · Postby **Poor2nR** » July 12th, 2018, 10:19 pm

ruffneck_12 wrote:Evict them, don't make them pay.

Consider the money lost as an investment to get these people out of your hair. They always going to avoid you

I feel you right but yes spann is the man, thanks so much for the help bredren

Zetski · Postby **Zetski** » July 12th, 2018, 11:21 pm

Op yuh making a simple thing complicating man! look just get some drunkards to come over every night and party. Have d place looking stink and they bound to move out

racedriverpro · Postby **racedriverpro** » July 13th, 2018, 1:46 am

Why move when they can stay for free...don't give them an excuse not to pay

GixxerMan · Postby **GixxerMan** » July 15th, 2018, 12:22 pm

rspann wrote:How you will know which are the good ones? I have tenants for fifteen years and some who leave in a month. What make you feel the delinquents going to abide by any agreement? Some of them just dont care.

Your first problem was renting to someone in the pnm....