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TJ, Esq.
TJ, Esq., Attorney
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hi i have let someone move into my home ( a condo that i am

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hi i have let someone move into my home ( a condo that i am renting from my mother) . I trusted this person and was trying to help her out and said she could move in short term month to month for 6 months. She paid me 500$ for 1 month and was not able to pay a security right away...when the next mont came to pay rent she handed me a lease wantin g me to sign it, i said i would draw up a sublease myself for her to sign since she wanted for her records. The next day gave her a lease and she would not sign it demanding me to sign hers and saying i still have nit given her a mail key. I told her that i would pay fpor a mailbox $20 deducted from her monthly rent... and she was tellling me that she would be deducting $100 dollars a month ? Now two weeks have gone past still no rent and no security paid. I sent her a three day or quit email ( I know it must be served but was just trying to warn her to get payment of the outstanding $750 dollars) She responded with a page letter sent to me and the homeowners association of the building and property management, and an attempted email to the owner my mother. The email was filled with nasty slander (all untrue ) and threats of how she will be living here for free since I had breeched the verbal agreement etc. and also attached a receipt of a western uninion money order with my name on it claiming she had paid the past due rent and security. I NEVER received nor was it presented to me. I confronted her, and she ranted her legal rights/ and said she had left it on her desk in the bedrooom she resides in and said she showed me it and i took it. I never even have gone in her room since she has been here. What should i do - i am questioning if i should have myself evicted or evict her only? the reason i am thinking if i evict myself this would make the process quicker and could possible avoid her counter sueing ? there is nothing signed between her and i and have no idea how to verify this supposed money order that she is claiming i "cashed" .... still need to contact western union and see if or how this is tracked.
helpful suggestion appreciated .
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

Q: i am questioning if i should have myself evicted or evict her only? the reason i am thinking if i evict myself this would make the process quicker and could possible avoid her counter sueing ?

I'm afraid that I don't quite understand. What do you mean by evict yourself? And what kind of lawsuit against you are you envisioning?
Customer: replied 1 year ago.

well not me evict myself rather have my mother (owner landlord of me with lease have been living here 10 years and person just moved in on april 15, 2013). and here is what the person whom i have let rent a room from me has written as action she is referring :


 



I did not have a personal issue with CC or any of the residents however, this talk of eviction is ridiculous and will only lead to prolonged court visits and extreme financial burden on the owners. I do have an issue now because the sneaky, manipulative and underhanded behavior has taken its toll. I have waited patiently for resolve only to be ignored by CC. This seems to be the case: I am legally considered a resident. A repeatedly requested document has not been presented. In order to remove a resident, there has to be a cause...that in which proof of payment has been made and notarized, court filings, mailings, a hearing, mediation then a return of property. Therefore, we are potentially looking at at a 3-4 month period of non-payment which would end in September, only one month prior to our agreed move-out date. Ultimately resulting in a cross suit because I gave up my apt and living situation only to be duped by the consequential Landlord.


 


The above is part of what was sent in response to the 3 day pay or quit

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

I don't see any benefit at all for asking your mother to evict you. I would not bother with that.

As for the subtenant, I would hand her a pay or quit notice as soon as possible, and then I would sue to evict. She is actually quite wrong with regard to the timeline. Cases for eviction for nonpayment are heard very quickly. The case would probably be heard in 3 to 4 weeks. Moreover, it's not very expensive, and you don't need a lawyer. If you allege non-payment, then she'll need to present proof that she paid. The money order receipt with your name is XXXXX XXXXX of payment ... it's just proof that a money order existed. That doesn't mean that she gave you the money order. She would need to prove that the money order was actually given to you. If she really paid, then she'd be able to provide a copy of the money order from Western Union with your endorsement. That would be proof.

It sounds to me like she's attempting to get away with free rent for as long as possible. I would not put up with that if I were you.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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Customer: replied 1 year ago.

so handing it to her is ok? she keeps saying i need to mail it to her? which she said will prove she is a resident etc. also the non payment is not only issue - she also tried splicing the building 's cable whic=h failed and in result had cable company at my door reporting entire building cable out of service - they came in and checked the wires and sure enough they said the wiring was tampered with... should this be included as reason for evicting, or not needed. Because if yes can have cable company write a follow up report regarding incident and have a witness who saw her do this and verbally told him about her actions after cable company left.


In the interim do i need to provide her with a mail box key, and how can i assure she will return the building main door key which opens all entries of the condo building. Need to get back or i could be financially responsible?

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Yes, you can hand it to her. No need to mail it. I don't understand the comment about proving that she is a resident. Does she mean it will prove that she's a tenant? Unless I am missing something, her status as a tenant is not in dispute. I'd tell her that you agree that she's a tenant, and that is why you are going to evict her (if she weren't a tenant, then you could have the police throw her out for trespassing, but that won't happen here ... she already paid rent for at least one month, so she's a tenant).

Yes, I'd include the cable issue as a reason to evict because it will be harder for her to defend against two claims than just one claim. The more claims against her the better. For example, what if the judge believes her that she paid with the Western Union money order? The judge could still evict her for splicing the cable wire.

With regard to the mail key, she should have been given one. I wouldn't bother at this point, however. Can you assure that she will return the main door key? Not really, although you can assume she won't give it to you and ask the judge to grant you a judgment against her for the amount it will cost you ... and then tell the judge that if she gives you back the key then you'll drop that claim. But please note that you must serve her personally (i.e., have a process server give her a summons) if you ask for a money judgment. Otherwise, all you can ask for at the eviction trial is for possession of the condo.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9739
Experience: Licensed to Practice Law
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